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Please read these terms carefully before using this site
This Web site (the "Site") is provided by Ball Asia Pacific Limited (BAPL) and may be used for informational purposes only. By using the Site or downloading materials from the Site, you agree to abide by these terms and conditions set forth in these terms and conditions. If you do not agree to abide by these terms and conditions do not use the Site or download materials from the Site.
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Subject to the terms and
conditions set forth in this Agreement, BAPL grants you
a non-exclusive, non-transferable, limited right to
access, use and display this Site and the materials
thereon for your personal use and for the use of your
company. You agree not to interrupt or attempt to
interrupt the operation of the Site in any way.
This Site and its contents are copyrighted and protected
by worldwide copyright laws and treaty provisions. You
agree to comply with all copyright laws worldwide in
your use of this Site. Except as expressly provided
herein, BAPL does not grant any express or implied
license or right to you under any patents, trademarks,
copyrights or trade secret information, or otherwise,
and retains all rights related thereto.
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| Your Registration Obligations |
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In consideration of your
use of the Customer Portal Service (“the Service”), you
agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the
Service's registration form (such information being 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 BAPL has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, BAPL has the right to suspend or terminate
your account and refuse any and all current or future
use of the Service (or any portion thereof). BAPL is
concerned about the safety and privacy of all its users.
For this reason, please authorize appropriate officers
of your company to access and use the Service.
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| Member Account, Password And Security |
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You will receive a
password and account designation upon completing the
Service's registration process. You and your authorized
officers 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 BAPL 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. BAPL cannot and will not be liable for any
loss, liability or damage arising from your failure to
comply with this Section.
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You understand that all
information, data, text, software, music, sound,
photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of
the person from which such Content originated. This
means BAPL is not responsible for any Content that you
upload, post, email or otherwise transmit via the
Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit 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 in any way;
c. impersonate any person or entity, including, but not
limited to, BAPL, a BAPL 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 Service;
e. upload, post, email or otherwise transmit any Content
that you do not have a right to transmit 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 or otherwise transmit any Content
that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any
party;
g. upload, post, email or otherwise transmit 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;
h. disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in
real time exchanges;
i. interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
j. intentionally or unintentionally violate any
applicable local, state, national or international law,
including, but not limited to, regulations promulgated
by any securities, exchange control and other
authorities, any rules of any securities exchange and
any regulations having the force of law;
k. collect or store personal data about other users.
You acknowledge and agree that BAPL may preserve Content
and may also disclose Content if required to do so by
law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce these terms and
condition; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of BAPL, its users
and the public.
You understand that the technical processing and
transmission of the Service, 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.
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| Special Admonitions For International Use
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Recognizing the global
nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical
data exported from the United States or the country in
which you reside.
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BALL, the BALL logo and
names of plants and products of BALL and BAPL are
trademarks or registered trademarks of Ball Corporation
and BAPL respectively. All rights reserved.
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THIS SITE AND ITS
CONTENTS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION
OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. BAPL DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY
ADVICE, OPINION, STATEMENT OR OTHER INFORMATION
DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU
ACKNOWLEDGE THAT IF YOU RELY ON ANY SUCH OPINION,
ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION, IT SHALL
BE AT YOUR SOLE RISK. BAPL RESERVES THE RIGHT, IN ITS
SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN
ANY PORTION OF THE SITE. BAPL MAY MAKE ANY OTHER CHANGES
TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS,
SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY
TIME WITHOUT NOTICE.
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This Site may contain
links to Web sites operated by other entities. If you
use these sites, you will leave this Site. If you decide
to visit any linked site, you do so at your own risk and
it is your responsibility to take all protective
measures to guard against viruses or other destructive
elements. BAPL makes no warranty or representation
regarding, and does not endorse, any linked Web sites or
the information appearing thereon or any of the products
or services described thereon. Links do not imply that
BAPL or this Site sponsors, endorses, is affiliated or
associated with, or is legally authorized to use any
trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that
any linked site is authorized to use any trademark,
trade name, logo or copyright symbol of BAPL or any of
its affiliates or subsidiaries. |
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| External
Links to the Site |
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No external link will be
permitted without the express written permission of BAPL,
which it may withhold or withdraw in its sole
discretion.
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| Information
Provided By You |
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Any personally
identifiable information you may provide to BAPL via
this Site is subject to the BAPL Privacy Policy. BAPL
does not want you to, and you should not, send any
confidential or proprietary information to BAPL via the
Site. You agree that any information or materials that
you or individuals acting on your behalf provide to BAPL
will not be considered confidential or proprietary. By
providing any such information or materials to BAPL, you
grant to BAPL an unrestricted, irrevocable, worldwide,
royalty-free license to use, reproduce, display,
publicly perform, transmit and distribute such
information and materials, and you further agree that
BAPL is free to use any ideas, concepts or know-how that
you or individuals acting on your behalf provide to BAPL.
You further recognize that BAPL does not want you to,
and you warrant that you shall not, provide any
information or materials to BAPL that is defamatory,
threatening, obscene, harassing, or otherwise unlawful,
or that incorporates the proprietary material of
another.
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IN NO EVENT SHALL BAPL OR
ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER
DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR
PROGRAMS OR OTHER DATA, THAT ARE RELATED TO THE USE OF,
OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND
FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF
BAPL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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BAPL reserves the right,
in its sole discretion, to change, modify, add or remove
any portion of these terms and conditions in whole or in
part, at any time. Changes in these terms and conditions
will be effective when notice of such change is posted.
Your continued use of the Site after any changes to
these terms and conditions are posted will be considered
acceptance of those changes.
BAPL may terminate, change, suspend or discontinue any
aspect of this Site, including the availability of any
features of the Site, at any time. BAPL may restrict
your access to parts or all of the Site without notice
or liability. BAPL may terminate the authorization,
rights and license given above.
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This Site is controlled,
operated and administered by BAPL from its offices
within the Special Economic Region of Hong Kong, PRC
(HK). BAPL makes no representation that materials at
this site are appropriate or available for use at other
locations outside of HK and access to them from
territories where their contents are illegal is
prohibited. You may not use the Site or export data on
this Site in violation of HK export laws and
regulations. If you access this Site from a location
outside of HK, you are responsible for compliance with
all local laws.
These terms and conditions of use shall be governed by
the laws of the Special Economic Region of Hong Kong,
PRC. without giving effect to its conflict of laws
provisions.
These terms and conditions constitute the entire
agreement between BAPL and you with respect to your use
of the Site. Any cause of action you may have with
respect to your use of the Site must be commenced within
one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction
finds any provision of these terms and conditions or
portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so
as to effect the intent of these terms and conditions,
and the remainder of these terms and conditions shall
continue in full force and effect.
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BAPL is committed to
protecting any personal information that you may provide
to us. In particular, we believe it is important for you
to know how we treat information about you that we may
receive from this Web site.
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In general, you can visit
this Web site without telling us who you are or
revealing any information about yourself. Our web
servers do collect and log the domain names and IP
addresses of visitors to our Web site. However, we do
not routinely collect visitors’ email addresses.
There are portions of this Web site where we may need to
collect personal information from you for a specific
purpose, such as to provide you with certain information
you request. The information collected from you may
include your name, address, telephone, fax number, or
e-mail address. In addition, certain affiliates of BAPL
may allow those wishing to apply for employment to
submit resumes and cover letters to the Human Resources
Department for consideration. By submitting this
information, you expressly consent to the use of this
information by BAPL and its affiliates in the employment
selection process and for related purposes. BAPL will
use this information only for employment purposes and
will handle this information in accordance with its
Human Resources policies. Information submitted will not
be returned to the applicant and will be retained by
BAPL.
This Web site is not intended for persons under 13 years
of age. We do not knowingly solicit or collect personal
information from or about children, and we do not
knowingly market our products or services to children.
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| Use of
Collected Information |
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Domain name and IP
address information that we collect is not used to
personally identify you and instead is aggregated to
measure the number of visits, average time spent on the
site, pages viewed, etc. We use this information to
measure the use of our site and to improve the content
of our site. When other information is collected from
you, such as your name and e-mail address, we generally
let you know at the time of collection how we will use
the personal information. Usually, we use the personal
information you provide only to respond to your inquiry
or to process your request. This information may be
shared with other BAPL businesses, but only if necessary
to fulfill your request or for related purposes.
We may share the personal information you provide with
other companies we have hired to provide services for
us. These companies are contractually bound to use
personal information we share with them only to perform
the services we have hired them to provide. Except as
set out in this Policy, we do not share, sell, or lease
personal information about you to any third-parties for
their marketing use. We will release information about
you if you direct us to do so, if we are required by law
to do so, or in other legally limited circumstances. In
addition, we may use a technology called “cookies” to
provide you with tailored information. A "cookie" is a
set of data that a web site server stores on your
computer. Cookies enable web sites to recognize your
computer and to "remember" your entries as you move from
page to page, or even when you revisit the site from
time to time using the same computer. You may set your
browser to notify you when you receive a cookie.
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BAPL's Web site may
contain links to other sites. While we try to link only
to sites that share our high standards and respect for
privacy, we are not responsible for the content,
security, or privacy practices employed by other sites.
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| Security of
Collected Information |
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We maintain commercially
reasonable physical, electronic, and administrative
safeguards to protect your personal information from
unauthorized or inappropriate access. We restrict access
to information about you to those BAPL workers who need
to know the information to respond to your inquiry or
request. Workers who misuse personal information are
subject to disciplinary action.
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| Access to Collected Information |
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You may review and update
the information that you submit to us through this Web
site by contacting us as described below.
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This policy applies to
the following web sites:www.ballasiapacific.com and others that
may be added in the future.
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If you have any questions
about this privacy policy, please contact our Administrator. We
welcome your questions and suggestions about our privacy
policy.
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Please check this privacy
policy periodically to learn of any changes. We reserve
the right to modify or supplement this privacy policy
from time to time, we will provide notice to you on this
Web site of any major changes for at least 30 days
following the change.
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The laws and regulations
in different countries impose different (and even
conflicting) requirements on the Internet and data
protection. We are located in HK, as are the servers
that make this site available worldwide. All matters
relating to this site are governed by the laws of HK.
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