Terms of Use
These Terms of Use (“Terms”) govern your access to and use of this website (the “Website”). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must refrain from using the Website.
1. Indemnity
You agree to indemnify, defend and hold harmless Diagonal, its affiliates, officers, employees and agents from and against any and all claims, demands, proceedings, losses, liabilities, damages, costs and expenses (including legal fees and settlement costs) arising out of or in connection with:
your breach of these Terms; or
your misuse of the Website or any of its content.
2. Intellectual Property Rights
All intellectual property rights subsisting in or relating to the Website, including without limitation trademarks, service marks, trade names, logos, copyright, design rights, database rights, software, text, graphics, and other content (collectively, “Proprietary Rights”), are owned by or licensed to Diagonal.
Except as expressly permitted, you may not reproduce, copy, modify, distribute, publish, transmit, display, perform, reverse engineer, disassemble, decompile, create derivative works from, or otherwise exploit the Proprietary Rights in any manner without Diagonal’s prior written consent.
3. Disclaimer
To the maximum extent permitted by law, Diagonal expressly excludes all representations, warranties, undertakings, and liabilities of any kind, whether express or implied, in relation to the Website, including without limitation with respect to:
the availability, accuracy, reliability, or quality of the Website or its content;
any services offered, accessed, or obtained through the Website unless expressly governed by separate terms of service;
the confidentiality of information transmitted via the Website; and
security breaches, including but not limited to hacking, malware, or other unauthorized access.
The Website and its content are provided strictly “as is” and “as available.”
Diagonal is not responsible for any third-party content or material made available on or through the Website. Any such material represents the views of its respective authors only.
4. License to Use
Subject to compliance with these Terms, Diagonal grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes only.
You must not, without Diagonal’s prior written consent:
republish or redistribute Website content (except where expressly permitted);
use the Website or its content for any commercial purpose;
display Website materials in public; or
engage in any conduct inconsistent with the limited license granted herein.
5. Acceptable Use
You must not use the Website:
in any manner that causes or may cause damage, impairment, or disruption to the Website or its availability;
for any unlawful, fraudulent, harmful, or malicious purpose;
to transmit or distribute viruses, worms, Trojan horses, spyware, malware, keystroke loggers, rootkits, or other harmful software;
to conduct automated data collection (including scraping, mining, or harvesting) without Diagonal’s express written consent; or
for unsolicited marketing or promotional purposes.
6. No Warranties
Diagonal makes no representations or warranties, express or implied, regarding the Website or its content. Without limitation, Diagonal does not warrant that:
the Website will be uninterrupted, error-free, or continuously available; or
the information presented on the Website is accurate, complete, or reliable.
Nothing on the Website constitutes or is intended to constitute legal, financial, or professional advice of any kind.
7. Limitation of Liability
To the fullest extent permitted by law, Diagonal shall not be liable for any:
indirect, incidental, special, consequential, or punitive losses; or
business-related losses, including without limitation loss of profits, income, contracts, goodwill, data, or anticipated savings,
arising out of or in connection with your use of the Website.
These limitations apply even if Diagonal has been advised of the possibility of such losses.
8. Breach of Terms
If you breach these Terms, Diagonal reserves the right, without prejudice to its other remedies, to:
suspend or terminate your access to the Website;
block your IP address or device from accessing the Website;
notify your internet service provider; and/or
initiate legal proceedings against you.
9. Variation
Diagonal may amend or update these Terms at any time by publishing the revised version on the Website. Continued use of the Website following publication constitutes acceptance of the revised Terms.
10. Assignment
Diagonal may assign, transfer, or subcontract its rights and obligations under these Terms without notice or consent. You may not assign, transfer, or subcontract any rights or obligations under these Terms without Diagonal’s prior written consent.
11. Severability
If any provision of these Terms is held to be unlawful, void, or unenforceable by a court or competent authority, the remaining provisions shall remain valid and enforceable. Where possible, such provision shall be modified to render it lawful and enforceable while preserving its intent.
12. Entire Agreement
These Terms constitute the entire agreement between you and Diagonal with respect to your use of the Website and supersede all prior agreements, arrangements, or understandings.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. You and Diagonal irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong in respect of any dispute arising out of or in connection with these Terms.