Terms and Conditions
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
Your investOrbit.com Account. If you, the “User”, create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not post information in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and WGC may remove any description or keyword that it considers misleading or unlawful, or otherwise likely to cause WGC liability. You must immediately notify WGC of any unauthorized uses of your account or any other breaches of security. WGC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Producers of Information. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Information”), You are entirely responsible for the content of, and any harm resulting from, that Information. That is the case regardless of whether the Information in question constitutes text, graphics, an audio file, or computer software. By making Information available, you represent and warrant that:
- the downloading, copying and use of the Information will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have either (i) received permission from your employer to post or make available the Information, including but not limited to any software;
- you have fully complied with any third-party licenses relating to the Information;
- the Information does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Information is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Information is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- you are not posting Information in a manner that misleads Users into thinking that you are another person or company.
Without limiting any of those representations or warranties, WGC has the right (though not the obligation) to, in WGC’s sole discretion (i) refuse or remove any content that, in WGC’s reasonable opinion, violates any WGC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in WGC’s sole discretion. WGC will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Consumers of Information. WGC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, WGC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WGC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Copyright Infringement. As WGC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by investOrbit.com violates your copyright, you are encouraged to notify WGC. WGC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WGC will terminate a User’s access to and use of the Website if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of WGC or others. In the case of such termination, WGC will have no obligation to provide a refund of any amounts previously paid to WGC.
- Intellectual Property. This Agreement does not transfer from WGC to you any WGC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WGC. WGC, investOrbit, investOrbit.com, the investOrbit.com logo, and all other trademarks, service marks, graphics and logos used in connection with investOrbit.com, or the Website are trademarks or registered trademarks of WGC or WGC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any WGC or third-party trademarks.
- Disclaimer of Warranties. The Website is provided “as is”. WGC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WGC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will WGC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WGC under this agreement during the twelve (12) month period prior to the cause of action. WGC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless WGC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between WGC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WGC, or by the posting by WGC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Hong Kong, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts of Hong Kong. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; WGC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Like most website operators, WGC collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. WGC’s purpose in collecting non-personally identifying information is to better understand how WGC’s visitors use its website. From time to time, WGC may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
WGC also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in Users. WGC only discloses logged in User IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors to WGC’s websites choose to interact with WGC in ways that require WGC to gather personally-identifying information. The amount and type of information that WGC gathers depends on the nature of the interaction. For example, we ask visitors who sign up as Users of investOrbit.com to provide a username and email address. Those who engage in transactions with WGC are asked to provide additional information, including as necessary the personal, corporate, and financial information required to process those transactions. In each case, WGC collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with WGC. WGC does not disclose personally-identifying information other than as described below.
WGC may collect statistics about the behavior of visitors to its websites. For instance, WGC may monitor search trends. WGC may display this information publicly or provide it to others. However, WGC does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
WGC discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on WGC’s behalf or to provide services available at the Website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using WGC’s websites, you consent to the transfer of such information to them. WGC will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, WGC discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when WGC believes in good faith that disclosure is reasonably necessary to protect the property or rights of WGC, third parties or the public at large. If you are a registered User of the Website and have supplied your email address, WGC may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with WGC and our products and services. WGC takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If WGC, or substantially all of its assets, were acquired, or in the unlikely event that WGC goes out of business or enters bankruptcy, User information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of WGC may continue to use your personal information as set forth in this policy.