Terms of Use

April 30, 2009

ICLEW.org (ICLEW) is a site that allows users to ask questions and give answers. The services offered by ICLEW include any features offered from time to time by ICLEW in connection with ICLEW's business ("Services").

By using the ICLEW, you ("User") agree to be bound by this Agreement, whether you are a visitor browsing the ICLEW site or a member registered with ICLEW. You are only authorized to use the ICLEW Services if you agree to abide by this Agreement. If you do not agree, you should leave the ICLEW site. ICLEW may modify this Agreement from time to time. Your continued use of the ICLEW after ICLEW revised Agreement signifies your acceptance of the revised Agreement.

1. Eligibility. You represent and warrant that all registration information is truthful and accurate.

2. Account Security. You are entirely responsible for maintaining the confidentiality of your password as well as for any and all use of your account.

3. Termination. This Agreement and any revision shall remain in full force while you use the ICLEW. You may terminate your Membership at any time. ICLEW may terminate your Membership at any time, for any or no reason, with or without prior notice, and without liability.

4. Use by Members. The ICLEW is designed for the personal use of Members. ICLEW reserves the right to take appropriate legal action for any illegal or unauthorized use of ICLEW.

5. Charges. ICLEW reserves the right to charge for any ICLEW Services and to change its fees (if applicable) from time to time in its discretion. If ICLEW terminates your Membership, you shall not be refunded.

6. Content Posted.

ICLEW assumes no responsibility for monitoring the ICLEW site for inappropriate Content. You are solely responsible for the content you post. Your post shall not contain prohibited content as defined in Section 11. Any content that violates Section 11 will be removed by site administrator without prior notice.

7. Content Rights.

(a) Content created by ICLEW ("ICLEW Content") is protected by copyright, trademark, patent, trade secret and other laws, and ICLEW owns and retains all rights in the ICLEW Content.

(b) ICLEW contains Content of Users and other ICLEW licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content on ICLEW.

(c) User shall indicate the sources when posting the contents that are obtained from third party sources under Creative Commons licenses or GNU Free Document License. User shall check the corresponding source for the applicable license for using those contents.

(d) ICLEW performs technical functions necessary to offer the ICLEW Services, including but not limited to transcoding and/or reformatting Content.

(e) ICLEW does not own rights in the contents that members post ("User Content"). By displaying or publishing any User Content, you grant to ICLEW a limited license to use such User Content.

(f) You grant to ICLEW an irrevocable, perpetual, non-exclusive, transferable, fully paid, sub-licensable and worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works.

(g) You represent and warrant that you own the User Content posted and the posting of your User Content does not violate any other rights of any party.

8. Intellectual Property Rights (IPR). ICLEW respects the intellectual property of others, and requires that our users do the same. You may not use any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party. ICLEW has the right to terminate the Membership of infringers.

9. Dispute between Users. You are solely responsible for your interactions with other ICLEW Members. ICLEW has no obligation to involve in any way with disputes between you and other Members.

10. Privacy. Use of the ICLEW Services is also governed by our Privacy Policy.

11. Prohibitions. The following are examples, included but not limited to, of the kind of content or activities prohibited on ICLEW: (a) Content that involves commercial activities or sales without prior written consent from ICLEW; (b) Content that poses or creates a privacy or security risk to any person; (c) Content that includes a photo of another person that you have posted without that person's consent; (d) Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) Content that exploits people in a sexual or violent manner; (f) Content that solicits personal information from anyone under 18; (g) Content that contains restricted or password only access pages or hidden pages or images; (h) Content that harasses or advocates harassment of another person; (i) Content that constitutes or promotes an illegal or unauthorized use of copyrighted work; (j) Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (k) Content that constitutes or promotes information that you know is false or misleading; (l) Content that contains nudity, excessive violence, or offensive subject matter or contains a link to an adult site; (m) Content that involves "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (n) Content that furthers or promotes any criminal activity or provides instructional information about illegal activities; (o) Content that violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. (p) Criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or harmful files, copyright infringement, patent infringement, or theft of trade secrets; (q) Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (r) Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the ICLEW Services; (s) Covering or obscuring the advertisements on your personal profile page, or any ICLEW page; (t) Selling or otherwise transferring your profile; (u) Any automated use of the system; (v) Displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of ICLEW; (w) Using the account, user name, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; (x) Interfering with, disrupting, or creating an undue burden on ICLEW or the networks or services connected to ICLEW; (y) Harassing, abusing, harming, impersonating or attempting to do the same to another Member, person or entity.

12. Disclaimers. ICLEW is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on ICLEW, whether caused by Users of the ICLEW or by any of the equipment or programming associated with or utilized in the ICLEW and such User Content does not necessarily reflect the opinions or policies of ICLEW. Posts by Members on the ICLEW site may contain links to other sites. ICLEW is not responsible for the content, accuracy or opinions expressed on such sites, and such sites are not necessarily investigated, monitored or checked for accuracy or completeness by ICLEW. Inclusion of any linked site on ICLEW does not imply approval or endorsement of the linked site by ICLEW. When you access third party sites, you are at your own risk. ICLEW takes no responsibility for third party advertisements that are posted on ICLEW, nor does it take any responsibility for the goods or services provided by its advertisers. ICLEW is not responsible for the conduct, whether online or offline, of any User of the ICLEW. ICLEW assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. ICLEW is not responsible for any problems or technical malfunction of any network, lines, computer online systems, servers, providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on ICLEW or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation in connection with the ICLEW. Under no circumstances shall ICLEW be responsible for any loss or damage, including personal injury or death, resulting from use of ICLEW, from any User Content posted on ICLEW, or from the conduct of any Users, whether online or offline. The ICLEW Services are provided "AS-IS" and as available and ICLEW expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ICLEW cannot guarantee and does not promise any specific results from use of ICLEW.

13. Limitation on Liability. IN NO EVENT SHALL ICLEW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF ICLEW, EVEN IF ICLEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ICLEW'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ICLEW FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

14. Disputes Settlement. The Agreement shall be governed by the laws of Hong Kong, without regard to its conflict of law provisions. You and ICLEW agree to submit to the exclusive jurisdiction of the courts in Hong Kong to resolve any dispute arising out of the Agreement. EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR NOT, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH PARTY ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

15. Indemnity. You agree to indemnify and hold ICLEW harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of ICLEW in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement or if any Content that you post on ICLEW causes ICLEW to be liable to another.

16. Headings. The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning or impact on the interpretation of the Ageement.

17. Miscellaneous. This Agreement is accepted upon your use of the ICLEW site. This Agreement constitutes the entire agreement between you and ICLEW. The failure of ICLEW to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.