TERMS AND CONDITIONS FOR USE OF AND PARTICIPATION IN THE
BABY BOOM COMMUNITY
DISCLAIMER: THE STOCK EXCHANGE OF HONG KONG LIMITED ENDEAVOURS TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DOES NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPTS NO LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
1. Terms and Conditions Acknowledgment. Baby Boom Limited,
("BABY BOOM") provides these Terms and Conditions (the "Terms and
Conditions") for use and participation in the BABY BOOM Investor
Community (the "BABY BOOM Community") to the User
(hereinafter referred to as "user" or "you") of the BABY BOOM Community.
Please note that BABY BOOM is a separate company from Monex Boom Securities (H.K.)
Limited ("BOOM.COM").PLEASE READ THIS DOCUMENT
CAREFULLY. You understand that accessing or transmitting information,
registering or otherwise participating in the BABY BOOM Community constitutes and shall be
deemed an acceptance by you of the following Terms and Conditions.
BABY BOOM reserves the right, at its sole discretion to change, modify or
add to these Terms and Conditions, at any time, and without prior
notice to you. If you do not wish to be bound by these Terms and
Conditions, you must not use or participate in the BABY BOOM
Community.
2.Registering with the BABY BOOM Community. You must be at least
eighteen (18) years of age and have the legal ability to sign binding contracts
to register with the BABY BOOM Community. By completing a registration
for the BABY BOOM Community, you certify that you meet these criteria.
By completing a registration for the BABY BOOM Community, you agree
that any and all information that you supply in the registration process
(or other information that BABY BOOM may require from time to time), is
current, truthful, and complete. BABY BOOM reserves the right to terminate
your registration with the BABY BOOM Community in the event that the
information provided by you, including your e-mail address, is no longer
current or accurate. You agree to maintain only one active registration
with the BABY BOOM Community at all times and you certify that you
currently have no other registration(s) with the BABY BOOM Community.
As part of the registration process, you will be asked to select a Member
ID and Login Password to the BABY BOOM Community. BABY BOOM reserves
the right to refuse to grant you a User Name if BABY BOOM, in its sole
discretion, determines that the User Name, is or may be, fictitious, or
an impersonation of someone else, illegal, protected by a trademark,
copyright or other legal proprietary right, vulgar, obscene or offensive in
any way, or may cause confusion to other members of the BABY BOOM
Community. You agree not to provide or make known your Member ID,
Login Password or e-mail address to any other person for the purpose of
facilitating such person's access and unauthorized use of the BABY BOOM
Community.
You shall be the only authorized user of the BABY BOOM Community
through your Member ID and Login Password. You also agree that you shall
be solely responsible for all messages posted, statements made, or
acts or omissions that occur within the BABY BOOM Community through
the use of your Member ID and Login Password. If you allow third parties to
access the BABY BOOM Community through your Member ID and
Login Password, you will defend and indemnify BABY BOOM, its affiliates and
any independent contractor engaged by BABY BOOM to assist in
monitoring the BABY BOOM Community, against any liability, costs or
damages arising out of claims or suits by such third parties based upon
or relating to such access and use. If you believe someone has used
your Password without your authorization, or has, in your judgment,
violated these Terms and Conditions, you should notify BABY BOOM
immediately.
3.Information and Messages Posted by Members and Community
Hosts. Messages may be posted within the BABY BOOM Community by
registered members and Community Hosts. The
primary purpose of the Community Host is to make members feel
comfortable using the BABY BOOM Community, to keep conversations
from drifting off-topic, to stimulate discussion, if necessary, and to
answer and/or forward questions to BABY BOOM. You understand that any
information, commentary, recommendations, advice, investment ideas
or materials provided on any bulletin board, message board, chat
services, or other online conference or telecast through the BABY BOOM
Community by a member of the BABY BOOM Community or others, is not
the views of, or attributable to BABY BOOM, and that any and all individuals
providing such information are not employees, associated persons, or
agents of, or otherwise affiliated with BABY BOOM. You understand that
the information contained in a message or comment posted is probably
not a complete analysis of every material fact respecting any company,
industry or security. You should not believe that a Community Host has
any additional insight or information about any topic simply because
they have the "Host_" prefix before their name. BABY BOOM may engage
independent contractors to assist BABY BOOM in monitoring the BABY BOOM
Community for violations of these Terms and Conditions.
None of BABY BOOM, BOOM.COM, information provider or any independent contractor(s) engaged by it
or them assumes any responsibility for, or guarantees the accuracy,
currency, completeness or usefulness of information in any material in
the BABY BOOM Community and none of them endorse any opinions or
recommendations posted by you or other members. You should
exercise discretion and skepticism before relying on information in
messages, since it may be incorrect or misleading. You agree that to
the extent that you rely on information posted within the BABY BOOM
Community, you do so solely at your own risk.
BABY BOOM does not pre-review, screen or edit messages posted within
the BABY BOOM Community. You agree that BABY BOOM, its affiliates and
any independent contractor engaged by BABY BOOM to assist in
monitoring the BABY BOOM Community, is not a publisher or speaker of
any information provided by you, other members or other participants in
the BABY BOOM Community. Notwithstanding the foregoing, you
acknowledge and agree that BABY BOOM reserves the right to monitor any
and all information transmitted or received through the BABY BOOM
Community. BABY BOOM, at its sole discretion and without any notice to
you, may monitor, remove or prohibit the transmission or receipt of any
information posted within the BABY BOOM Community which BABY BOOM
considers inappropriate or violative of any of these Terms and
Conditions.
"Topic Titles" or specific discussion threads within Discussion Groups
may be created by BABY BOOM Community Hosts or members of the
BABY BOOM Community. You understand that when creating a new topic
for discussion, you are subject to the BABY BOOM Community Terms and
Conditions and Guidelines. BABY BOOM assumes no responsibility for,
and does not endorse any "Topic" created by any member of the
BABY BOOM Community and reserves the right to remove a "Topic," and/or
any messages posted therein, which BABY BOOM considers inappropriate
or violative of any of these Terms and Conditions. Community Host
created "Topics" are designated by the fact that the first message for
the "Topic" is created by the Community Host.
4.User Conduct Guidelines. You understand that using the BABY BOOM
Community for an illegal purpose or to transmit content that is unlawful,
harassing, libelous, invasive of another's privacy, harmful, vulgar,
obscene, or otherwise objectionable, may result in removal of
messages, termination of your membership and may subject you to legal liability.
Among the categories of postings or actions that could result in the removal of a
message and/or the termination of your membership are:
The unauthorized posting of material, nonpublic information about
companies.
The use of the BABY BOOM Community to transmit junk mail,
spam, or unsolicited mass distribution of e-mails;
The posting or transmittal of content that you are prohibited by
law from transmitting (e.g., third-party copyright or trademark) or
that you are prohibited from transmitting by contractual or
fiduciary duties (e.g., nondisclosure agreement terms);
The posting of content that is threatening or harassing of any
other individual or entity, particularly any member of the
BABY BOOM Community, any entity discussed in the BABY BOOM
Community or BABY BOOM;
The posting or transmittal of sexually explicit content;
The posting of knowingly false or misleading statements;
The posting of information to manipulate, or attempt to
manipulate the market for any security;
The impersonation by you of any person or entity, or any false
statement of affiliation by you with any person or entity;
The posting or transmittal of any unsolicited advertising,
promotional or marketing materials, sales information or other
forms of solicitation;
The posting of statements that constitute offers to buy or sell
any security;
The posting of statements relating to NASD OTC Bulletin Board
traded, "pink sheet" listed securities or penny stocks (e.g.,
stocks priced at less than $5.00 per share) or other securities
that are not listed on a National Securities Exchange (e.g., The
New York Stock Exchange) or the Nasdaq National Market; and
The posting or transmittal of any message or content that
violates any applicable local, international or
foreign law, including rules and regulations promulgated by the Stock Exchange
of Hong Kong, the U.S. Securities and Exchange Commission, the Board of
Governors of the federal Reserve System in the United States or any applicable
self-regulatory organization or governmental entity.
5.BABY BOOM Community Content. The content available through the
BABY BOOM Community is the property of BABY BOOM or its licensors and
is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. You agree that all content located at the
BABY BOOM Community is the sole property of BABY BOOM and its licensees. You
understand and agree that the information in, or derived from the
BABY BOOM Community message boards, bulletin boards, chat rooms, or
other parts of the BABY BOOM Community, including communications,
photos, video, graphics, and other material may not be copied (except
for one copy for personal use only), republished, redistributed,
transmitted, altered, edited or exploited in any manner for any purpose,
without the express written permission of BABY BOOM.
You agree that BABY BOOM, its affiliates, information providers and any independent contractor
engaged by BABY BOOM to assist in monitoring the BABY BOOM
Community, shall not be liable for any errors or delays in the content of
any information provided through the BABY BOOM Community, or for any
actions taken by you, or any third-party, in reliance thereon. News,
market data, and other information discussed within the BABY BOOM
Community or otherwise within the BABY BOOM Website includes
information that has been obtained from sources considered reliable,
but such information is not guaranteed, and BABY BOOM, its affiliates and information providers
make no representation or warranty as to the accuracy or
completeness, or continued availability of this information, and such
information should not be relied upon as such. Such information is
inherently subject to change without notice and may become dated.
You should therefore verify any information obtained from this service
before you act upon it.
6.BABY BOOM's Proprietary Rights to Content. You agree that upon
posting information within the BABY BOOM Community, you grant
BABY BOOM, and its successors and assigns a non-exclusive, worldwide,
royalty-free, perpetual, non-revocable license under your copyrights or
other intellectual property rights, if any, in such material to use,
distribute, display, reproduce, and create derivative works from such
material in any and all media, in any manner, whole or part, without any
duty to account to you. You also grant BABY BOOM the right to authorize
the downloading and printing of such material, or any portion thereof, by
end users for their personal use. You agree not to redistribute any data
or information found on the Websites of BABY BOOM or BOOM.COM by any
means of transmission without the prior written consent of the respective
company.
7.No Confidentiality. You agree that information transmitted by you to
the BABY BOOM Community is not confidential and you acknowledge that
you have no expectation of privacy with respect to such information.
You agree that BABY BOOM, its affiliates and any independent contractor
engaged by it, shall not be liable for any direct, indirect, special,
incidental, or consequential damages caused by the unauthorized use
or misappropriation of any and all information that you transmit to the
BABY BOOM Community.
8.Termination of Your Registration. You agree that BABY BOOM may, in
its sole discretion, terminate or suspend your access to all or part of
the BABY BOOM Community for any reason, including, without limitation,
breach of these Terms and Conditions or any subsequent modifications,
or attempted assignment of your membership by you. Any suspected
fraudulent, abusive or illegal activity may be grounds for termination of
your membership and may be referred to appropriate law enforcement
authorities. BABY BOOM shall not be liable to you or any third party for any
claims related to your termination from the BABY BOOM Community.
9.No Investment Advice by BABY BOOM. You understand and agree that
BABY BOOM does not recommend any security, financial product or
instrument, nor does any mention of a particular security in this
Website or anywhere in the BABY BOOM Community constitute a
recommendation by BABY BOOM to buy, sell, or hold that or any other
security, financial product or investment discussed therein. You
understand and agree that BABY BOOM also does not offer or provide any
investment advice or opinion regarding the nature, potential, value,
suitability or profitability of any particular security, portfolio of securities,
transaction, investment strategy or other matter. You also understand
and acknowledge that BABY BOOM provides no tax, legal or investment
advice. You also understand and agree that by accessing this Website
or participating in the BABY BOOM Community, that any information
provided therein is not to be used or considered as an offer, or a
solicitation of an offer, to buy or sell securities by BABY BOOM.
You understand and agree that the BABY BOOM Community is provided
solely for the information and use of registered members who are
expected to make their own investment decisions without undue
reliance on this information, and BABY BOOM, its affiliates and any
independent contractor engaged by BABY BOOM to assist in monitoring
the BABY BOOM Community, accept no liability whatsoever for any direct
or consequential loss arising from any use of information available to
you in the BABY BOOM Community. You agree that any investment
decisions you make will be based solely on your evaluation of your
financial circumstances, investment objectives, risk tolerance, financial
condition, and liquidity needs. You also understand and acknowledge
that BABY BOOM's employees and employees of BABY BOOM's affiliate, BOOM.COM,
are not authorized to give any such advice and that you will not solicit
or rely upon any such advice from BABY BOOM, BOOM.COM
or any of its employees. You acknowledge that BABY BOOM is not, and
your access to information through the BABY BOOM Community will not,
cause BABY BOOM or BOOM.COM to be an investment advisor with respect to you.
10.Limitation of Warranties and Indemnification. The BABY BOOM
Community is provided AS IS and AS AVAILABLE, without warranty of
any kind. You agree that BABY BOOM, its affiliates and any independent
contractor engaged by BABY BOOM to assist in monitoring the BABY BOOM
Community and the information providers, shall not be liable in any way, and you agree to indemnify
and hold harmless BABY BOOM, its affiliates and any independent
contractor engaged by BABY BOOM to assist in monitoring the BABY BOOM
Community, from any claim or demand, including reasonable attorneys'
fees, made by any third party due to (a) any inaccuracy, error, or delay
in, or omission of (i) any such data, information, or message within the
BABY BOOM Community or on the BABY BOOM Website or (ii) the
transmission or delivery of any such data, information, or message; or
(b) any loss, expense, cost or damage arising from or occasioned by (i)
any such inaccuracy, error, delay, or omission, (ii) non-performance, or
(iii) interruption of any such data, information, or message, due either to
any negligent act or omission by BABY BOOM or any independent
contractor engaged by it, or to any "force majeure" (i.e., flood,
extraordinary weather conditions, earthquake, or other act of God, fire,
war, insurrection, riot, labor dispute, accident, action of government,
communications power failure, or equipment or software malfunction) or
any other cause beyond the reasonable control of BABY BOOM.
11.Hyperlinks from the BABY BOOM Web site and Community. The
BABY BOOM Website contains links to third-party World Wide Web sites
and resources on the Internet. BABY BOOM provides links to these other
Websites only as a convenience. The inclusion of such links on the
BABY BOOM Website are not endorsements by BABY BOOM, implied or
otherwise, of the linked site or any products or services in such sites,
and no information in such site has been endorsed or approved by
BABY BOOM. The linked sites are not under the control of BABY BOOM, and
BABY BOOM is not responsible for the contents of any linked site or any
link contained in a linked site. You agree that under no circumstances
shall BABY BOOM be held responsible or liable, for any loss or damages
caused or alleged to have been caused by use of or reliance on any
content, goods or services available on such hyperlinked sites.
12.BOOM.COM Customer Agreement. You understand and agree that, to
the extent that you are, or become, a brokerage customer of BOOM.COM,
these Terms and Conditions for the BABY BOOM Community amend, and
are incorporated by reference into, the BOOM.COM Customer Agreement
(the "Agreement") which governs your BABY BOOM account(s).
13.Governing Law. These Terms and Conditions shall be deemed to have
been made in Hong Kong and shall be construed, and the rights and liabilities
of the parties determined, in accordance with the
laws of Hong Kong. If any specific terms or condition is held
to be invalid, void or unenforceable, that determination shall not affect
the validity of the remaining provisions of these Terms and Conditions.