Notice on Use of Website
Welcome to the STK Workshop (“STK Workshop” or “Our” or “We” or “Us”) website and thank you for visiting.
The terms of use (“these Terms”) appearing in this Notice constitute a legal contract between you and STK Workshop (collectively, “Everyone”) and govern your use of this website, as well as other websites that STK Workshop may control. These Terms also apply to the use of all text, data, information, software, graphics, photographs, all other audio and visual materials (all of which We refer to as “Materials”) that STK Workshop and its subsidiaries may make available to you, as well as all services STK Workshop may provide through any of our websites (all of which are referred to in these Terms as “this Website”).
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU SHALL NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
1.Accessing This Website
1.1 When you access, browse and use this Website, it is your duty and responsibility to comply with these Terms whether through any account that you may setup through or on this Website. Some of the Materials will only be available to you if you have an account. You agree to provide true, accurate, current, and complete information for so long as you use this Website. Because it is your account, it is your responsibility to obtain and maintain all equipment, services and software needed for access to and use of this Website as well as paying related charges for operating your account. It is also your responsibility to maintain the confidentiality of all related password(s). Should you believe your password or other security information for this Website has been breached in any way, you must immediately notify STK Workshop.
1.2 We also collect certain personal information about you solely in connection with your access and use of this Website. STK Workshop’s use of those information is governed by the provisions of the Privacy Statement of STK Workshop.
1.3 We reserve the right to require you to change your password or restrict your access to this Website as we deem reasonably necessary.
2.Permitted Use of this Website
2.1 You shall use this Website for your personal purposes where you are purchasing products and services of STK Workshop for your personal use which shall exclude use for business and commercial purposes (“Permitted Uses”).
2.2 We hereby grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials. Your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in this Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any other manner.
2.3 If you make copies of any of this Website while engaging in Permitted Uses, we require that you shall keep and comply with all of STK Workshop’s intellectual property rights and other proprietary notices as they appear on this Website.
3.Unauthorized Use of this Website and acceptable use policy
3.1 You are hereby notified that all rights in this Website remain the property of STK Workshop. Your use of this Website shall be limited in the manner as provided for in this Notice. Any other use of this Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of this Website.
3.2 Unauthorized use of this Website may result in violation of Hong Kong and international laws. You must therefore follow STK Workshop’s Acceptable Use Policy whenever you use this Website or any services offered by STK Workshop through this Website.
4.Terminating the use of this Website
4.1 We may terminate your use of this Website at any time at our sole discretion and our decision shall be final and subject to no appeal. Your use of this Website will automatically terminate in the event you breach any of these Terms. That is to say, unless we otherwise agree with you in writing in advance, we may terminate, suspend, or modify your registration with, or access to, all or part of this Website, without notice, at any time and for any reason.
4.2 You may also discontinue your access to and use of this Website at any time.
4.3 In the event of an automatic termination for breach of any of these Terms, you must immediately destroy any downloaded or printed materials as well as any copies thereof.
5.Disclaimers
5.1 This Website is provided on a “as is” and “with all faults” basis and the entire risk as to the quality and performance of this Website is with you.
5.2 STK Workshop expressly disclaims all warranties of any kind (express, implied or statutory) with respect to this Website, which includes but not limited to any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title and non-infringement of intellectual property rights.
5.3 For the purpose of this Disclaimers, STK Workshop does not promise you that this Website is free of problems. Without limiting the generality of the foregoing, STK Workshop makes no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. STK Workshop makes no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from STK Workshop, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, servant or agents of any such entities) (collectively, “the STK Workshop Parties”) shall create any warranty. STK Workshop disclaims all equitable indemnities.
6. Limitation of Liability
6.1 In no event will any of the STK Workshop Parties be liable for (A) any indirect, special, consequential, punitive or exemplary damages or (B) damages which include, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption or other intangible losses, and those arising out of or in connection with this Website (including but not limitation to use, inability to use or the results of use of this Website), whether such damages are based on warranty, contract, tort, statute or otherwise and even if any of the STK Workshop Parties has been advised (or should have known) of the possibility of such damages.
7. Exclusions and Limitations
7.1 While it is understood that the laws of Hong Kong do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages, to that extent, the STK Workshop Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities. The scope and duration of such warranty and the amount of the STK Workshop Party's liability shall be limited to the minimum amount permitted under such applicable law.
8. Other Agreements, Software, Services or Access
8.1 STK Workshop may provide products (such as hardware or software), services (such as software subscription services, hardware maintenance or repair or software maintenance, installation, or training) or access via this Website under the terms of a separate agreement between you and STK Workshop, such as a license agreement or separate terms of sale and warranty terms (each to be defined as “Other Agreement”). STK Workshop's obligations regarding any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and these Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between These Terms and any Other Agreement, the Other Agreement shall prevail.
8.2 For the purpose of illustration only: the use of any software that is made available to download from the this Websites (“Software”) shall be governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement. If there is no License Agreement, These Terms shall govern your use of that Software.
9. Right to modify this Website
9.1 STK Workshop reserves the right to modify, suspend, or discontinue this Website at any time without notice to you. We would like to draw your attention to the following:
9.1.1 STK Workshop may make changes to the this Website, or to the products, services and prices described in this Website, at any time without notice.
9.1.2 This Website may be out of date and STK Workshop makes no commitment whatsoever to update this Website.
9.1.3 Information published on this Website may refer to products, programs, or services that are not available in your country.
10. Submission(s) to this Website
10.1 Certain areas of this Website (e.g., chat rooms, customer ratings, review areas, community and support forums) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each to be defined as “User Submission”). By submitting User Submission, you agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, STK Workshop does not guarantee that you will have any recourse through STK Workshop, the STK Workshop Parties or any third party to edit or delete any User Submission you have submitted.
10.2 By submitting any User Submission, You represent and warrant that
10.2.1 You are at least 13 years old and have obtained permission from your parent(s) or lawful guardian(s) in using this Website;
10.2.2 You own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to STK Workshop the rights in your User Submissions as described in these Terms;
10.2.3 You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
10.2.4 You are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to STK Workshop as described in these Terms;
10.2.5 Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
10.2.6 You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
10.2.7 Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
10.2.8 Your User Submission does not violate any law of Hong Kong and the place which you reside (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
10.2.9 Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
10.2.10 You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
10.2.11 Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
10.2.12 Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
10.2.13 Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
10.2.14 Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
10.3 By submitting a User Submission, you grant to STK Workshop and the STK Workshop Parties an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
10.3.1 Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
10.3.2 Use, (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that STK Workshop deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
10.3.3 Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
10.3.4 STK Workshop may, but is not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. STK Workshop is not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason whose decision shall be final and subject to no appeal. STK Workshop is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that STK Workshop may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient
11. Intellectual Property Rights
11.1 STK Workshop respects the intellectual property rights of others and you are requested to do the same. STK Workshop may, in appropriate circumstances and at our sole discretion and without prior notice, terminate service and/or access to this Website for users who are found to have infringed the intellectual property rights of others.
12. Links to Third Party Websites
12.1 For your convenience, STK Workshop may provide links on this Website to third-party websites. If you use these links, you will be directed to leave this Website. While you are using the third party websites, STK Workshop is not obligated to review any of those websites that you link to from this Website. We do not control any of the third party websites, and is not responsible for any of those websites or the products, services, or content available through any of them. That is to say, STK Workshop does not endorse or make any representations about such third party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to from this Website, you do so entirely at your own risk and you shall be deemed subject to the privacy policies and terms and conditions of use of those third party websites. These Terms are not applicable to your use of any such third party websites.
13. Linking to this Website
13.1 For your convenience, we allow you to create links to this Website from other websites. Unless an express agreement states otherwise, you must comply with the following terms and all applicable laws if you provide anyone with a link to this Website:
13.1.1 You may link to, but shall not copy, any Materials;
13.1.2 You shall only use and reproduce the STK Workshop logo or trademark if you follow our trademark and logo usage policy found here.
13.1.3 You shall not create a browser or border environment around any Materials;
13.1.4 You shall not imply that STK Workshop endorses or is affiliated with any such website that links to this Website or any products, services, or content available through that website;
13.1.5 You shall not misrepresent your relationship with STK Workshop;
13.1.6 You shall not present false or misleading information about STK Workshop, its products, or its services;
13.1.7 The website that links to this Website shall not contain content that could be construed as distasteful, offensive, or controversial; and
13.1.8 The website that links to this Website shall contain only content that is appropriate for all age groups.
14. Trade marks
14.1 STK Workshop has rights in the registered trademarks, STK Workshop and the STK Workshop Logo (shown below), as well as other registered and unregistered trademarks
14.2 You may use STK Workshop trademarks, in text, to refer fairly and accurately to STK Workshop, its products and its services, subject to written agreement having entered into with STK Workshop prior to use thereof.
14.3 The STK Workshop Logo is reserved for use by STK Workshop and those STK Workshop partners and licensees that have a written agreement with STK Workshop that specifically authorizes logo use. No other use of STK Workshop logos is permitted.
14.4 You may not use STK Workshop trademarks in a manner likely to mislead consumers as to your relationship with STK Workshop, as to STK Workshop's sponsorship or endorsement of you, your company, products or services, or as to the origin of your products or services. Any use of STK Workshop trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.
15. International Issues
15.1 STK Workshop administers this Website from its offices in Hong Kong. STK Workshop makes no representation that this Website is appropriate or available for use outside Hong Kong and access to this Website from territories where its contents are illegal or restricted is prohibited.
15.2 Access of this Website from outside Hong Kong is done at your own initiation and you are responsible for compliance with applicable Laws.
15.3 You agree to comply with all export and re-export restrictions and regulations of Hong Kong or other foreign agencies and authorities in connection with your use of this Website and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported:
15.4 By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country where import, export and re-export restrictions and regulations thereof apply.
16. Indemnification
16.1 You agree to indemnify, defend, and hold harmless the STK Workshop Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or costs (including reasonable legal costs) that any such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. STK Workshop reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate fully and without reservation with STK Workshop in the conduction of defense of such claim.
17. Communications
17.1 When you visit this Website or send e-mails or electronic messages via any electronic media to STK Workshop, you are communicating with STK Workshop electronically. We may respond to you by e-mail or by posting notices on this Website or by other electronic means. You agree that all such notices, disclosures, and other communications that STK Workshop provides to you electronically satisfy any legal requirement that such communications be deemed to be in writing.
18. Ownership
18.1 Unless otherwise specified in these Terms, all Materials, as well as the arrangement of them on this Website are the sole property of STK Workshop. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law of Hong Kong, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
19. Entire Agreement
19.1 These Terms, together with any additional terms to which you agree when using any part of this Website, constitute the entire and exclusive and final statement of the agreement as between everyone using this Website for all purposes. Such agreement supersedes all prior agreements or negotiations or representations between you and STK Workshop with respect to the same. The STK Workshop Parties are third party beneficiaries with respect to the provisions in these Terms that reference them.
20. Governing Law and Dispute Resolution
20.1 These Terms shall be governed by the laws of Hong Kong notwithstanding that your actual place of residence or business is located outside Hong Kong. All legal actions arising from or relating to these Terms or your use of this Website shall be instituted in the competent courts of Hong Kong and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
21. Miscellaneous
21.1 The failure of STK Workshop to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that that the other provisions of these Terms shall remain in full force and effect and be binding on you. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of this Website. For the avoidance of doubt, any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by STK Workshop without restriction.
22. Right to modify these Terms
22.1 STK Workshop may, in its sole and absolute discretion, change these Terms (including any other documents that are referenced in or linked to from these Terms) from time to time. STK Workshop may post notice of such changes on this Website as applicable. However, STK Workshop is not obliged to post the relevant notice. It remains your responsibility to browse the relevant page of this Website to check for updated Notice of Use of this Website. If you object to any such changes, you shall cease using this Website. Continued use of this Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into These Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
23. Authorized version of this Notice
23.1 This Notice is written in the English Language and may be translated into other languages. In the event of inconsistency between the English version and the translated version of this Notice, the English version shall prevail.
May 6, 2019