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Terms of use

Potea Limited welcomes you. Potea Limited, its subsidiaries, its associate companies and or partnerships, or any other entities that may result from a scheme of reconstruction or reorganization or expansion or growth of Potea Limited and its subsidiaries and or associates, are hereby and henceforth referred to as "Potea". Potea provides the Potea Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by Potea from time to time without notice to you. You can review the most current version of the TOS at any time at http://www.potea.co. By accessing and using the Potea Services, you accept and agree to be bound by the terms and provisions of the TOS. In addition, when using particular Potea owned or operated services, you and Potea shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Potea may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.

DESCRIPTION OF POTEA SERVICES

Potea provides users with access to a collection of resources, including without limitation various tools for searching for information about the whereabouts of missing property, forums, search services, various reports for your own use or for use by third parties with your permission or per your request, personalized content through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Potea Services"). You also understand and agree that the Potea Services may include advertisements and that these advertisements are necessary for Potea to provide the Potea Services. You also understand and agree that the Potea Services may include certain communications from Potea, such as service announcements, administrative messages and any newsletter that Potea may develop for communicating with current and potential customers and other stakeholders, and that these communications are considered part of Potea membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Potea Services, including the release of new Potea properties, shall be subject to the TOS. You understand and agree that the Potea Services is provided "AS-IS" and that Potea assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Potea Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Potea Services.

You understand that the technical processing and transmission of the Potea Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Potea Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Potea Services under the laws of Hong Kong and the laws of your country or state if you are not permanently residing in Hong Kong. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Potea Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Potea has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Potea has the right to suspend or terminate your account and refuse you any or all current or future use of the Potea Services (or any portion thereof). You must be aged 13 or over to use the Services.

POTEA PRIVACY POLICY

Registration Data and certain other information about you are subject to our privacy policy. You understand that through your use of the Potea Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information from your country to other geographical locations for storage, processing and use by Potea and its affiliates.

We may combine information that we have about you with information that we may obtain from other sources such as partners or other parties. Potea automatically receives and records information from your device and browser, including your IP address, Potea cookie information, and software and hardware attributes. Potea uses this information to fulfil your requests for service, to research how best to serve you, and anonymous reporting to internal and external customers.

We do not sell, share or rent personal information about you with other people or non-affiliated companies except to provide products or services you have requested, when we have your permission, or under the following circumstances:-

  • We provide information to trusted partners who work on behalf of or with Potea under confidentiality agreements. These companies do not have an independent right to share information about you.
  • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
  • We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Potea's terms of access, or as otherwise required by law.1
  • We transfer information about you if Potea is acquired by or merged with another company. In this event, Potea will notify you before information about you is transferred and becomes subject to a different privacy policy.

Potea lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies and device identifiers is subject to their own privacy policies and not Potea's. Advertisers or other companies do not have access to Potea's cookies.

You can edit your Potea account information at any time. Potea may have categories of communications which you can opt in or opt out, as the case may be. Potea reserves the right to send you certain communications relating to Potea service, such as service announcements, administrative messages, and Potea newsletters, that are considered by Potea to be part of your Potea account, without offering you the opportunity to opt out of them.

You can delete your account at any time.

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

Potea may update its privacy policy at any time. Should we envisage significant changes to the TOS we will send a notice to the primary email address specified in your Potea account or by posting a prominent notice on our site.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Potea Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Potea of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Potea cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5

MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Potea, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Potea Services. Potea does not control the Content posted via the Potea Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Potea Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Potea be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Potea Services.

In instances where you obtain contact details about the person who has found or has possession of your lost property or purports such finding or possession, you understand that Potea discourages physical contact between you and the finder of such property for reasons. Should such physical contact take place Potea will not be liable in any way for any physical, financial, or emotional harm to you and any person related to or connected to you.

You agree to not use the Potea Services to:

a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

b. harm minors and adults in any way;

c. impersonate any person or entity, including, but not limited to, a Potea official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Potea Service;

e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose (please read our complete Spam Policy);

h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Potea Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. interfere with or disrupt the Potea Services or servers or networks connected to the Potea Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Potea Services.

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any nation's laws.

l. "stalk" or otherwise harass another; and/or

m. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.

You acknowledge that Potea may or may not pre-screen Content, but that Potea and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Potea Services. Without limiting the foregoing, Potea and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Potea or submitted to Potea, including without limitation information in all parts of the Potea Services.

You acknowledge, consent and agree that Potea may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Potea, its users and the public.

You understand that the Potea Services and software embodied within the Potea Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Potea and/or content providers who provide content to the Potea Services. You may not attempt to override or circumvent any of the usage rules embedded into the Potea Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Potea Services, in whole or in part, is strictly prohibited.

INTERSTATE AND INTERNATIONAL NATURE OF COMMUNICATIONS ON POTEA NETWORK

When you register with Potea, you acknowledge that in using the Potea Services to send electronic communications (including but not limited to email, search queries, sending messages to Potea Chat or Potea Groups, uploading photos and files and other Internet activities), you will be causing communications to be sent through Potea's computer networks, and networks of Potea's computer and internet service providers, which can be located anywhere in the world and in space. As a result, and also as a result of Potea's network architecture and business practices and the nature of electronic communications, even communications that seem to be local in nature can result in the transmission of international, interstate, inter-district, inter-province, inter-continental, and intra-universe communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate, international, inter-provincial, inter-continental, intra-universe data transmissions.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, and recognizing the possibility of intra-universe telecommunications, you agree to comply with all Hong Kong and local rules regarding online conduct and acceptable Content. Use of the Potea Services and transfer, posting and uploading of software, technology, and other technical data via the Potea Services may be subject to the export and import laws of various countries. You agree to comply with all applicable export and import laws and regulations of Hong Kong and any similar laws that may apply in your country of residence if the place of residence is not Hong Kong.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE POTEA SERVICES

Potea does not claim ownership of Content you submit or make available for inclusion on the Potea Services. However, with respect to Content you submit or make available for inclusion on any publicly accessible areas of the Potea Services, you grant Potea the following worldwide, royalty-free and non-exclusive license(s), as applicable:

a. With respect to content, photos, graphics, audio or video or any other content you submit or make available for inclusion on publicly accessible areas of the Potea Services other than Potea Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Potea Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Potea Services and will terminate at the time you remove or Potea removes such Content from the Potea Services.

"Publicly accessible" areas of the Potea Services are those areas of the Potea network of properties that are intended by Potea to be available to the general public. By way of example, publicly accessible areas of the Potea Services would include any current or future message boards or platforms that are open to both members and visitors. However, publicly accessible areas of the Potea Services would not include portions of Potea Services that are limited to members, or areas off of the Potea network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Potea.

CONTRIBUTIONS TO POTEA

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Potea through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Potea is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Potea shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Potea may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Potea without any obligation of Potea to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Potea under any circumstances.

INDEMNITY

You agree to indemnify and hold Potea and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Potea Services, your use of the Potea Services, your connection to the Potea Services, your violation of the TOS, or your violation of any rights of another.

NO COMMERCIAL REUSE OF POTEA SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Potea Services (including Content, advertisements, Software and your Potea ID), except as expressly agreed with you in writing by Potea.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Potea may establish general practices and limits concerning use of the Potea Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Potea Services, the maximum disk space that will be allotted on Potea's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Potea Services in a given period of time. You agree that Potea has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Potea Services. You acknowledge that Potea reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Potea reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO POTEA SERVICES

Potea reserves the right at any time and from time to time to enhance, augment, modify or discontinue, temporarily or permanently, the Potea Services (or any part thereof) with or without notice. You agree that Potea shall not be liable to you or to any third party for any enhancement, augmentation, modification, suspension or discontinuance of the Potea Services (or any part thereof).

TERMINATION

You may terminate your Potea account, any associated email address and access to the Potea Services by submitting such termination request to Potea.

You agree that Potea may, without prior notice, immediately terminate, or limit, your access to or suspend your Potea account, any associated email or social network facility, and access to the Potea Services. The cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Potea Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Potea Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Potea's sole discretion and that Potea shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Potea Services.

Termination of your Potea account includes any or all of the following: (a) removal of access to all or part of the offerings within the Potea Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Potea Services.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Potea Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Potea shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Potea Services.

LINKS

The Potea Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Potea is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Potea shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

POTEA'S PROPRIETARY RIGHTS

You acknowledge and agree that the Potea Services and any necessary software used in connection with the Potea Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Potea Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Potea or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Potea Services, such Content or the Software, in whole or in part.

Potea grants you a personal, non-transferable and non-exclusive right and license to use its Software on your devices; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Potea Services. You agree not to access the Potea Services by any means other than through the interface that is provided by Potea for use in accessing the Potea Services.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE POTEA SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE POTEA SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POTEA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. POTEA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE POTEA SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE POTEA SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE POTEA SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE POTEA SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE POTEA SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE'S SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POTEA OR THROUGH OR FROM THE POTEA SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE POTEA SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE POTEA SERVICE. IMMEDIATELY DISCONTINUE USE OF THE POTEA SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE POTEA SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT POTEA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POTEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE POTEA SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE POTEA SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE POTEA SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

SPECIAL ADMONITION FOR POTEA SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Potea Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Potea Services is provided for informational purposes only, and no Content included in the Potea Services is intended for trading or investing purposes. Potea and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Potea Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

NOTICE

Potea may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Potea Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Potea Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Potea Services in an authorized manner.

TRADEMARK INFORMATION

You agree that all of Potea's trademarks, trade names, service marks and other Potea logos and brand features, including but not limited to the the trademark Potea, and also including but not limited to the trademark kukama, and product and service names are trademarks and the property of Potea Limited. (the "Potea Trademarks"). Without Potea's prior permission, you agree not to display or use in any manner the Potea Trademarks.

REGISTRATION OF PROPERTY THAT IS ALREADY REPORTED TO POTEA AS LOST

Potea respects the your right to ownership of your property. Potea is unable to determine the rights of a person or other entity who is registering or has registered a particular property with Potea. If, however, Potea detects that an item that is being registered or has been registered with Potea was previously registered with another owner who previously reported it to Potea as lost, and the previous status of being lost has not been amended, Potea has the right to inform the person who created the asset's current status of being lost about the fact that someone has registered or attempted to register the same asset, notwithstanding Potea's further duty and obligation to comply with police or authorities with regard to the same asset.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Potea respects the intellectual property of others, and we ask our users to do the same. Potea may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Potea the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the site;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Potea's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

by post: Potea Limited
6/F Luk Kwok Centre
72 Gloucester Road
Wan Chai
Hong Kong

electronically: through the Potea website's contact us facility

GENERAL INFORMATION

Entire Agreement

The TOS constitutes the entire agreement between you and Potea and governs your use of the Potea Services, superseding any prior version of this TOS between you and Potea with respect to the Potea Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Potea services, affiliate services, third-party content or third-party software.

Jurisdiction

You and Potea each agree that the TOS and the relationship between the parties shall be governed by the laws of Hong Kong and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Potea, shall be brought exclusively in the courts located in Hong Kong. You and Potea agree to submit to the personal jurisdiction of the courts located within Hong Kong, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms

The failure of Potea to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability

You agree that your Potea account is currently non-transferable and any rights to your Potea ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. You agree that, at its discretion, Potea may introduce in future a service whereby you may be able to nominate a transferee that is contingent on your death or other incapacitation according to terms that Potea may deem fit.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Potea Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of the TOS to Potea.

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