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Terms and Conditions

TERMS & CONDITIONS


1. Please Read Carefully Before Your Use of the Website

1.1 Thank you for visiting our website, http://www.morn-creations.com ( "Website" ). This website is owned and operated by Morn Creations Limited ("Morn Creations”, "we", "us" or "our" ). Morn Creations reserves at our absolute discretion the right to interpret this legal agreement of Terms and Conditions of Use ("Agreement") of the Website, and with the use of our Website you acknowledge and are bound within the compliance of such Agreement with immediate effect. As such, we suggest that you consult this section of the Website from time to time so as to check for any updates or changes that might be made without any prior or subsequent notice to you.

 

2. Agreement of Terms and Conditions of Use

2.1 Please note that your use of the Website will be deemed to mean that you have read through and agreed to accept whatever Terms and Conditions of Use prevail at the time of such usage of the Website, as implying that you agree to comply with and to be bounded by the Agreement without any reservations, modifications, additions or deletion. If you do not agree to, or cannot comply with the Agreement, you should not use the Website.

 

3. Ownership & Copyrights

3.1 This Website as a whole, its corresponding content materials, and the selection and arrangement of such are all owned by Morn Creations, and are protected by copyrights and other intellectual property rights. The contents of this Website are intended solely by personal, non-commercial use and are displayed solely for the purposes of promoting and marketing our business, and products and services thereof. Subject to clause 5 below, you are not allowed to reproduce, publish, transmit, distribute, display, modify or else, sell or otherwise exploit in any way, in whole on in part, of this Website. Morn Creations reserves its right to modify, vary or discontinue any contents of this Website or any products and services available on it without prior notice to you.

3.2 Morn Creations owns the trademarks, trade names, logos and service marks displayed on this Website. These may not be used without the written permission of Morn Creations.

3.3 All data, ideas, concepts and other information collected or derived from the information made available to us through this Website shall deem to be and remain our property and we shall have free use of it without any confidentiality or other restriction, except as otherwise stipulated by the laws of the Hong Kong Special Administrative Region (“HKSAR”).

 

4. Connection with Social Media Websites

4.1 If you have an account with social medial websites (“Social Media Website”) such as Facebook, you may post your likeness on or sharing with our products (“Products”) by connecting with the Social Media Website (“Connect”). We may procure the Connect with any designated Social Media Website that we deem fit. Prior to the Connect, you are requested to log-in your own account in the Social Media Website as usual. After the successful log-in with the Connect, then you may add your comment on our Products in the news feed, like indicating your likeness on our Products and share it according to your privacy settings (“Morn Creations News Feed”). The Morn Creations News Feed will then be posted in the wall of your own Social Media Website.

4.2 Additionally, by using the Connect, you permit us to, inter alia, access information related to you in the Social Media Website (including your profile information and list of friends); post status messages, photos or updates to your wall; or access posts to your news feed.

4.3 You own all the comment and information you posted in the Morn Creations News Feed. Save the aforesaid, we own all the intellectual property rights (“IP Rights”) in the Morn Creations News Feed, including but not limited to our own trademarks, trade names, logos, service marks, photos, tags, slogans etc. The posting of our IP Rights in the Morn Creations New Feeds in the wall of your Social Media Website is only for the sharing purpose as indicated in clause 4.1 above and nothing further. Our IP Rights shall always be vested on us and none of them will be assigned, transferred or passed to you even if they are shown in the wall of your Social Media Website.

4.4 The Disclaimer of Liability in clause 6 below applies to information obtained through the Connect. However, your activities on the Social Media Website are covered by the privacy policy and its terms of use set by the Social Media Website.

 

5. User Conduct

5.1 Subject to clause 5.3 below, you are entitled to post, upload, transmit, display, forward, link, broadcast any comments, suggestions, feedbacks, ideas, concepts, proposals or other communications and information provided by you to us (collectively “your produced materials”) directly in this Website or via the Connect. In doing so, you have to ensure that your produced materials :-

 

(a) are solely owned and possessed by you and do not infringe any intellectual property rights of any third party;

(b) do not :-

(i) contain any unlawful, fraudulent, libelous, defamatory, misleading, indecent, obscene, vulgar, pornographic, offensive, threatening, abusive, hateful or of doubtful propriety;

(ii) cause any likelihood to encourage crime, public disorder, violence or hatred;

(iii) cause any likelihood to damage public health, safety or morals;

(iv) constitute any criminal offence, or give rise to civil liability, or otherwise violate any local or foreign law; or

(v) contain any virus, Trojan horse, worm or other harmful component.

5.2 You warrant that you own all the proprietary rights in your produced materials and have the authority to grant Morn Creations license right to use. You expressly authorize and fully agree that Morn Creations are unconditionally free to use, display, copy, store, adopt, modify, remove or delete your produced materials for any purpose Morn Creations deems fit without any liability, notice, approval or compensation to you. You hereby waive and agree to waive any and all rights and claims for any consideration, fees, charges or other payment that may arise in relation to our such usage, display, storage, adoption, modification, removal or deletion of any or all of your produced materials.

5.3 Morn Creations reserves at all times the right to prohibit or deny your access to this Website or any part of it immediately and without notice, when we reasonably consider that you have caused any breach of the Agreement of this Website or that such prohibition or denial is appropriate, desirable or necessary at our sole discretion.

 

6 Disclaimer of Liability

6.1 Morn Creations tries to ensure that the information posted on the Website is accurate, reliable, complete, up-to-date, and uninterrupted but we are not liable for any loss or damages caused by or arising from any user’s reliance on the information obtained from or through this Website. It is your responsibility to evaluate the information and other content materials available through this Website, and the Website and its corresponding content materials are subject to change at any time without prior or subsequent notice. The revision will take effect when they are posted.

6.2 Please note that this Website may contain links to other websites like Social Media Website. Morn Creations is not responsible for the availability of, or any content materials contained in, or obtained through, any such third party websites, and shall not be liable for any loss or damages arising from those links or from the information, products or services supplied through such websites. Any queries or comments relating to any other websites should be addressed to the operator of those websites. Save for purpose of the Connect as indicted in clause 4 above, no linking to this Website is allowed without prior or subsequent written permission.

6.3 This Website and its corresponding content materials are provided to you on an "as is" basis. Morn Creations makes no representation or guarantee of any kind, express or implied, including but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose, or non-infringement or freedom from any actual, direct, indirect, punitive, incidental, exemplary or consequential loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusions whatsoever, and Morn Creations disclaims any liability relating thereto. You agree, by using this Website, that your use of this Website is solely at your own risk, that you assume full responsibility of all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Website.

6.4 By using this Website, you acknowledge to defend, indemnity, and hold us, our directors, executives, employees, affiliates, agents, contractors and licensors harmless from and against any and all suits or claims, damages or injuries (and death), costs and expenses, even if Morn Creations has been advised of the possibility of such damages, arising from or related to your breach of any of the Agreement, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party, or your use or misuse of the Website. No oral or written information or advice given by Morn Creations or others will create a warranty and neither you nor any third party may rely on any such information of advice.

 

7. Privacy Policy

7.1 In using this Website, you may give us some of your personal data (as defined in the Personal Data (Privacy) Ordinance, Cap. 486). By using this Website, you consent with us to use your personal data in accordance with our Privacy Policy Statement though you may still have certain rights in your personal data.

 

8. General Provisions

8.1 If any provisions of this Website are found invalid by any court of competent jurisdiction, they are to that extent deemed omitted without affecting the validity of the remaining provisions of the Website.

8.1 These terms and conditions shall be construed in accordance with the laws of HKSAR. By accessing this Website and/or using the online services, you agree that such access and/or use, as well as the Terms and Conditions in this Website shall be governed by, and construed in accordance with, the laws of the HKSAR and you agree to submit to the non-exclusive jurisdiction of the courts of the HKSAR.

8.3 In case of inconsistency between this English version and the Chinese version, this English version shall prevail.