"Publishing3.0 - Hong Kong Smart e-Book Hub", publishing3.hk (hereinafter referred to as the PLATFORM) provides the Service to publishers (hereinafter referred to as the PARTICIPANT). PARTICIPANT by using the Service are deemed to have read and agree to be bound by the Terms and Conditions of Use. If any PARTICIPANT not agree to the terms of the Service, please do not use the SERVICE.
The PLATFORM may change or discontinue (permanently or temporarily) the Service (in whole or in part) at any time and without giving notice to you, and in any case, the PLATFORM shall have no responsibility or liability in relation to any modification or discontinuance of the Service.
1.1 Scopes of the SERVICE
1.1.1 Free use of an AI-empowered Chinese-to-English translation engine, developed by Logistics and Supply Chain MultiTech R&D Centre (LSCM), translating Chinese Text in inDesign/Word/Txt file(s) into English Text;
1.1.2 Free use of the Text-to-Speech engine, developed by LSCM, generating Cantonese, Putonghua and/or English from Chinese and English Texts respectively;(the Chinese Text and Chinese and English Texts referred in 1.1.1 and 1.1.2 hereinafter referred as the “Text”)
1.1.3 Free promotion of e-Book's Book Data (e.g. ISBN, Author, Publication Date, book description, book covers, e-book and/or audio book sample chapters etc.) and Promotion Materials provided by the PARTICIPANT.
1.2 The PLATFORM strives to make available the Service to the PARTICIPANT. The SERVICE is provided on an "as is" basis and the PLATFORM does not make any representation or warranty concerning any services, including (without limitation) any representation or warranty regarding the quality, safety or legality of the SERVICE.
1.3 The PARTICIPANT acknowledges and agrees that the PLATFORM shall not be liable for the SERVICE quality compliance, nor shall the PLATFORM be liable for irregularities in SERVICE rendering, temporary interruptions in the PLATFORM operation regardless of the reasons for these irregularities, interruptions or lack of access.
1.4 The PLATFORM may make any changes to the SERVICE at any time without prior notice.
1.5 When using the SERVICE, the PARTICIPANT shall ensure all Text, titles, contents, Promotion Materials provided by the PARTICIPANT (a) shall be fully complied with the National Security Law and relevant laws of Hong Kong; (b) shall not be contrary to the interest of national security.
2.1 Before using the SERVICE, please register on the PLATFORM first. After completing the registration procedure, it means that:
2.1.1 the registered information provided by you to the PLATFORM is correct, up-to-date and complete;
2.1.2 you are 18 years of age or older, and have the ability to enter into a legally binding contract;
2.1.3 you will keep and update your latest registration information to the PLATFORM;
2.1.4 If the PLATFORM finds any errors, false, outdated, or incomplete information you provide, the PLATFORM reserves the right to stop providing you with some or all of the services;
2.1.5 You agree that the PLATFORM has the absolute discretion to refuse any registration applications.
3.1 the PARTICIPANT hereby grants at its sole cost and expense for the benefits of the PLATFORM and its authorized users to use the e-book and/or audio book sample chapters, Book Data and the Promotion Materials available on the PLATFORM. If the e-book and/or audio book sample, Book Data and Promotion Materials involving any third party, the PARTICIPANT hereby undertakes to obtain all relevant licences from the third party for the PLATFORM to use such e-book, audio book, Book Data and Promotion Materials for the purposes of the Service and the PARTICIPANT shall borne all the costs and expenses for the licences. PARTICIPANT allows all viewers of the PLATFORM to have the right to use the PLATFORM to search, access and view Book Data and Promotional Materials;
3.2 when required by the FLATFORM, the PARTICIPANT shall provide the PLATFORM with Book Data, Promotional Materials; e-book and/or audio book sample chapters;
3.3 the PARTICIPANT agrees that in the course of using the e-book and/or audio book sample chapters, Book Data and the Promotion Materials, the PLATFORM may adapt the related materials for use in different Promotion Channels by, including but not limited to, changing the color tone, dimension, length of image/video; changing the format and size of the digital file; adding text to image/video etc; and the provision of this clause 3 shall continue in full force and effect notwithstanding such adaption and change;
3.4 the PARTICIPANT hereby warrants and represents that the Text, the Book Data and Promotion Materials do not infringe anyone's intellectual property or any other rights, and do not violate or contravene any laws of the Hong Kong Special Administrative Region (including but not limited to the Hong Kong National Security Law).
3.5 the PARTICIPANT shall ensure that all Text, Book Data, Promotion Materials, the e-Books are fully complied with the National Security Law and/or related laws of Hong Kong, and are not contrary to the interests of national security.
3.6 if any of the Text, Book Data, the Promotion Materials, e-Books is/are suspected of violating the National Security Law and/or related laws of Hong Kong, the PLATFORM shall immediately suspend the services of relevant title(s).
3.7 if the PLATFORM has reasonable grounds to believe that the Text, e-book and/or audio book sample, Book Data and Promotional Materials of the PARTICIPANT may involve plagiarism, copyright infringement, violation or violation of any laws in Hong Kong Special Administrative Region, the PLATFORM will immediately remove the relevant Text, e-book and/or audio book sample, Book Data and Promotional Materials and will not bear any responsibility for it. The PARTICIPANT shall bear all legal responsibility and shall fully indemnify the PLATFORM and its authorized users for any allegations, claims, expenses of any nature (including but not limited to legal costs), losses, damages suffered or incurred due to their violations and responsibility.
The PARTICIPANT shall indemnify the PLATFORM and keep the PLATFORM fully and effectively indemnified against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions which the PLATFORM may incur or which may be brought or established against it by any person and which in any case arises out of or in relation to or by reason of, but not limited to, the following –
4.1 the negligence, recklessness or willful misconduct of the PARTICIPANT;
4.2 the breach or the non-performance or non-observance of any of the warranties and undertakings, obligations or conditions by the PARTICIPANT;
4.3 the non-compliance with any applicable laws and any requirement or regulation of any the Government of Hong Kong Special Administrative Region authority or agency in connection with the performance of the obligations under this Terms & Conditions of Use by the PARTICIPANT.
5.1 You acknowledge and agree that if you decide to browse or utilise the Service, you do it entirely at your own risk. The PLATFORM will not be liable for any loss or damage arising from or in connection with or otherwise associated with browsing or using the PLATFORM.
5.2 The PLATFORM strives to provide and maintain the accuracy and the completeness of the content. It, however, does not assume responsibility for any mistakes or omission, and shall not be held liable for loss and damage in this regard.
5.3 Apart from contents produced by the PLATFORM, any other contents, including but not limited to the links contained in the PLATFORM are not within its scope of liability, and therefore the PLATFORM is not liable to loss and damages arising from or in connection with accidents (such as infection by computer virus), defamation, infringement of copyrights or intellectual property rights.
6.1 the PLATFORM or the PARTICIPANT may terminate the Service at any time and for any reason by giving thirty (30) day's written notice.
6.2 the PLATFORM may terminate the SERVICE of the Participant immediately without notice if the PARTICIPANT breaches any provision of the Terms & Conditions of Use or an act or omission on the PARTICIPANT is considered by the PLATFORM to be injurious or potentially injurious to the PLATFORM or the SERVICE.
7.1 The Terms and Conditions of Use shall be construed in accordance with and governed in all respects by the laws of Hong Kong Special Administrative Region and Hong Kong Court has the exclusive jurisdiction to resolve the disputes of the Terms and Conditions of Use and the Service.
7.2 if there is any inconsistency between the English and the Chinese versions of "Terms & Conditions of Use", the English one shall prevail.