DEFINITIONS

The following expressions shall, unless the context otherwise requires, have the following meaning:

“Imperial Auction”

The auctions department of The Imperial Museum (IM), www.imperial-museum.org (Website)

“Online Auction Services” or “Services”

The sealed bidding or online auction, or automatic bidding services

“User or User(s)”

The registered or unregistered users of IM

"Policy"

Policy of rendering online auction services to User(s) by IM, content of which is laid down in Part I hereof and which forms an integral part of this T&C.

Part I

1. Users’ Consent to the T&C.

By using the website, Users shall agree to abide by the T&C as set out herein.

Policy

2. Use of Website and Services

Your use of the Website and Services constitutes your agreement to comply with all rules, policies, T&C, and notices herein or otherwise posted on the Website by IM.

3. Use of Materials

The content materials (the “Material”) of the Website are the property of IM and/or third parties; Users are forbidden to modify or obscure any and all copyright and other proprietary rights contained in the original Material. Digital technologies, including but not limited to “watermark“, may be used in some of the Material to indicate their copyright or ownership; Users shall agree not to or attempt to remove, modify, tamper with, deactivate, or obscure any such indications. In addition, the trademarks, symbols, logos, and service marks (the “Marks”) of the Website are owned by IM or third parties, whereby Users are prohibited from using the Marks without the express, prior written permission of the Website or such third parties.

The Website may allow Users to input or upload information or digital materials (the “Uploaded Material”). Users shall be responsible for their Uploaded Material to which they own the copyright or obtain from owner the permission of the use of such copyright. The User(s) shall not post, upload or otherwise distribute copyrighted, trademarked and other proprietary material on the Website or through the Services without proper authorization.

The User(s) is prohibited from uploading, storing, distributing or transmitting any unlawful material to the website or through the Services. The upload, storage, distribution, or transmission of unlawful materials will subject the User(s) to criminal as well as civil liability.

4. Registration and Passwords

In using the Website and Services, User(s) agrees to provide accurate and genuine information about one’s identity as prompted by the registration; and maintain and promptly update such information to keep it accurate, genuine, and up to date.

User(s) may assign or be assigned account and/or password upon completing the registration procedures on the Website. User(s) is responsible for maintaining the confidentiality of any such account and password.

The User(s) is prohibited from sharing password(s) or account(s) with others. IM cannot and will not be liable for any loss or damage arising from your failure to comply.

5. Use of the Online Auction Services of the Website

The online auction Services of the Website are available to User(s) of IM.

6. Links to third party websites

The Website may contain links to third-party websites. These links to third party websites are provided solely for the convenience and reference of the User(s) and not as an endorsement by IM of the contents of such third-party web sites which are owned and maintained by others. IM is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites.

7. System Security

User(s) is prohibited from compromising the security or tampering with the IM system resources or accounts on any computers, routers, terminal servers, modems, or any other equipment at IM at any other site. Use or distribution of tools designed for compromising security is prohibited.

IM reserves the right to disclose and release personal details of User(s) involved in violation of system security to the relevant authorities, in the course of resolving security incidents. IM will also cooperate fully with law enforcement entities authorized to investigate suspected lawbreakers.

8. Penalties for abuse

User(s) agrees not to abuse the Website. Abusers are subject to immediate termination of their accounts without prior notice. IM reserves the right to recover all damages as a result of the abuse. Information of the abusers will also be disclosed to the relevant authorities.

User(s) agrees to indemnify and hold IM, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates harmless from any and all claims and expenses related to the User’s violation of the T&C, including but not limited to any abusive or unlawful behavior on the part of the User(s) or the User's dependents, or the infringement of any intellectual property or privacy right of any person or entity.

Part II

Services

IM will provide User(s) with a login and password to access its Services. User(s) must comply with the T&C and will be responsible for the use of the Services

Users’ Covenants

1. User(s) will abide by all relevant laws and the T&C relating to the use of the Services.

2. Services must neither be used in any way which may breach any confidence, copyright, intellectual property or other rights of the Website or any third party nor for any commercial, illegal, improper, immoral, defamatory, unsolicited advertising, or promotion purpose.

3. User(s) will not copy, distribute, publish, transmit or otherwise exploit any Content accessed through the Services unless User(s) own or control such Content. Content means any content, software, data, information, diagram, symbol or other material in whatever languages or forms (including but not limited to all textual, audio, video, graphical, musical, still and moving images)(the "Content"). User(s) will not reverse engineer any Content or transmit any data that may cause damage to the computer equipment of any persons including uploading a program with a computer virus or any harmful software application.

4. User(s) will not use or allow others to use the Services to publish, distribute, transmit or circulate any unsolicited advertising or promotional materials or any content which is obscene, indecent, seditious, offensive, defamatory, threatening, liable to incite hatred, discrimination, or such act as deemed menacing and objectionable.

5. User(s) will not, and will not allow others to copy, sub-license, distribute, sell, transfer, rent, exploit, alter, decompile, disassemble, tamper with, misuse, reverse engineer or repair any software, equipment, facilities and programs IM supply to User(s).

6. Without IM authorization, User(s) will not hack into, use or access (or attempt to do any of the above) any part of the Services and the Content on the Website.

7. User(s) will keep User's login ID and password secret at all times.

8. User(s) acknowledge that IM's affiliates, agents or contractors may provide any part of the Services or perform any of IM’s duties.

9. IM may change or withdraw any of the Services or any Content at any time. IM may also suspend its Services at any time without notice while it carries out maintenance or other works to the Website.

Provision of Services & Exclusion of liabilities

10. The Services are supplied on an "as is" basis. All conditions, warranties and responsibility in relation to the provision of the Services (including but not limited to title, fitness for any particular purpose, merchantability, content, quality and accuracy) are excluded to the extent permitted by law. Use of Services or any information obtained via the Services is at User's own risk. If User’s use of the Website incurs any loss or damage, the Website is not responsible for those costs.

11. IM, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates will not be liable to User(s) whether in contract, tort, statute or otherwise for any direct or indirect loss or damage which is suffered or incurred by User(s) arising out of the use of Services or in any other way out of the T&C.

12. IM respect User's privacy, and will not monitor the contents of User's private activities on the Website unless required to do so by law or in its discretion, it believes that it is necessary to protect itself or other persons from injury or damage.

Indemnity

13. User(s) agrees to indemnify and hold IM, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates harmless from all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including but not limited to reasonable attorneys fees) in relation to any acts by User(s) or materials or information transmitted by User(s) in connection with the IM website leading wholly or partially to claims against IM or third parties.

Purchase or Bidding for Auction Items, or Products

14. IM may make certain auction items or products available for bidding or purchase to registered users of IM. By placing a bid or order, User(s) agree to pay in full the prices for any successful bids or purchases by credit card or by other payment means acceptable to IM, and agree to pay all amounts due upon demand by IM. Certain auction items or products available for bidding or purchase may be subject to additional terms and conditions which are presented to User(s) at the time of the bidding or order.

15. Seller(s) reserves the right to declare the transaction invalid under circumstances including but not limited to system manipulation by hackers; human errors committed by IM, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates. User/Buyer(s) agrees not to bring legal actions or proceedings against IM, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates for claiming damages, injuries, liabilities, loss, costs and expenses (including but not limited to reasonable attorneys fees) in relation to the cancellation of transactions.

16. Auction items or products may or may not have reserve price. Nevertheless, seller is allowed to revise the reserve price downwards at seller's discretion.

Others

17. IM may suspend or terminate the account and/or Services if User(s) breaches any of the T&Cs. IM may at the sole discretion reactivate the Services to User(s) if user(s) has remedied the breach.

18. IM reserves the right to vary, delete or amend any part of the T&C herein contained at any time; for such purpose the posting of the amendments and/or deletion on the website of IM shall suffice as written notice.

19. The T&C are governed by the laws of Hong Kong Special Administrative Region and the parties agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

20. The English version of the Terms and Conditions shall prevail wherever there is a discrepancy between the English version and the Chinese version