Terms of Service for ’talk.digerty.com'

Effective Date: April 1, 2025

1. Introduction and Acceptance of Terms

Welcome to talk.digerty.com (the ‘Service’). The Service is provided and operated by NAKARMA LTD, a company registered in Hong Kong, or its affiliates (‘we’, ‘us’, ‘our’). The Service functions as the official comment system and community forum associated with the digerty.com digital magazine, which focuses on Information Technology (IT) and Business topics.

These Terms of Service (‘Terms’) constitute a legally binding agreement governing your access to and use of the Service. By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

The purpose of the Service is to facilitate discussion and community engagement related to the content and themes of digerty.com.

2. Amendments to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will make reasonable efforts to notify users of significant changes (e.g., via a site announcement or email), but it is your responsibility to review these Terms periodically for updates. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

3. Eligibility and Account Responsibility

  • You must be at least eighteen (18) years of age to create an account and use the Service. By using the Service, you represent and warrant that you are at least 18 years old.
  • You must provide accurate and complete information during registration and keep your account information updated.
  • You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
  • You agree to use the Service in compliance with these Terms and all applicable local, national, and international laws, rules, and regulations.

4. Content Policy and User Conduct

Users are expected to contribute constructively and respectfully within the communities provided. Please note that the creation of new communities on the Service is restricted to administrators and designated moderators. The following conduct and content are strictly prohibited:

  • Relevance: Content should primarily relate to IT, business (owning, starting, running, improving), technology, and topics discussed on digerty.com within the designated communities (Articles, Tutorials, Guides for comments; General, Suggestions, Ask Digerty for posts).
  • Respectful Interaction: Users must interact respectfully. Personal attacks, harassment, bullying, intimidation, threats, hate speech, or discrimination based on any protected characteristic (including but not limited to race, ethnicity, religion, nationality, gender identity, sexual orientation, disability, age) are forbidden. Disagreements should focus on ideas, not individuals.
  • Illegal Content and Activities: Posting, sharing, linking to, or facilitating any content or activity that is illegal under the laws of Hong Kong or other applicable laws is prohibited. This includes, but is not limited to, incitement to violence, illegal transactions, distribution of illegal substances, and copyright infringement (see Section 5). We reserve the right to remove any content deemed harmful or inappropriate at our discretion.
  • Strict Prohibition of NSFW Content: talk.digerty.com is dedicated to professional and educational discussion. Any content that is sexually explicit, pornographic, graphically violent, depicts excessive gore, or is otherwise generally considered ‘Not Safe For Work’ (NSFW) is strictly prohibited. This applies to all forms of content, including text, images, videos, and links. There are no exceptions for tagging or context. Violation of this rule will lead to content removal and may result in account suspension or banning.
  • Child Safety: Any content depicting or promoting the sexual exploitation or abuse of minors is strictly forbidden and will be reported to law enforcement authorities immediately.
  • Privacy Violations: Do not post or distribute private, confidential, or personally identifiable information of others without their explicit, verifiable consent (‘doxing’). Be particularly mindful of confidentiality when discussing business or technical matters. Compliance with applicable data privacy laws, including Hong Kong’s Personal Data (Privacy) Ordinance (PDPO), is required.
  • Spam and Commercial Activity: Unsolicited advertising, promotional materials, repetitive posts, pyramid schemes, chain letters, or excessive self-promotion unrelated to constructive discussion are prohibited. Linking to relevant personal projects or resources is permitted only when it adds clear value to the conversation and is not the user’s primary activity.
  • System Integrity: Any attempt to interfere with, disrupt, or compromise the security or proper functioning of the Service, its servers, or networks is prohibited. This includes distributing malware, launching denial-of-service attacks, or exploiting vulnerabilities.
  • Intellectual Property: Respect the intellectual property rights of others. Do not post copyrighted material unless you own the copyright or have explicit permission from the copyright holder. Do not share trade secrets or confidential corporate information inappropriately.
  • Misinformation: While diverse opinions are permitted, users should strive for accuracy, particularly when providing technical or business guidance. Knowingly posting harmful misinformation, especially advice that could lead to significant data loss, financial harm, or security breaches, may result in content removal or account action. Content on the Service does not constitute professional advice.

We respect intellectual property rights and comply with applicable copyright law. If you believe that your copyrighted work has been copied and posted on the Service in a way that constitutes copyright infringement under applicable law (including Hong Kong’s Copyright Ordinance), please provide our designated Copyright Agent with the following information in writing:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Service (including the specific URL);
  4. Your address, telephone number, and email address;
  5. 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;
  6. A statement by you, made under penalty of perjury (where applicable law provides for such), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated Copyright Agent for notice of claims of copyright infringement can be reached at: [email protected]

Please note that we can only act on content hosted directly by the Service. Content federated from other instances may be outside our direct control.

6. Moderation and Enforcement

We reserve the right, but do not assume the obligation, to monitor, review, screen, edit, or remove any content posted on the Service at our sole discretion and without notice. We also reserve the right to take appropriate action against any user for violating these Terms, including but not limited to:

  • Issuing warnings;
  • Removing violating content;
  • Temporarily suspending account privileges;
  • Permanently terminating accounts and banning users from the Service.

Moderation decisions are made at our discretion. Attempts to circumvent moderation actions or bans are prohibited.

7. Disclaimers and Limitation of Liability

  • User-Generated Content: The majority of content on the Service is generated by users. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any user-generated content. You understand that by using the Service, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate. All content is the sole responsibility of the person who originated such content.
  • No Professional Advice: Content and discussions on the Service are for informational and community purposes only and do not constitute professional IT, business, legal, financial, or any other form of professional advice. Always seek advice from qualified professionals for specific situations.
  • Service Provided ‘As Is’: The Service is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Service’s content or the content of any sites linked to the Service.
  • Limitation of Liability: In no event shall we, our directors, employees, volunteers, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Service, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (‘Hong Kong’).

You irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or your use of the Service.

9. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, 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 Terms remain in full force and effect.

10. Entire Agreement

These Terms, together with the Privacy Policy for talk.digerty.com (which is incorporated herein by reference and must be made available separately), constitute the entire agreement between you and us regarding your use of the Service, superseding any prior agreements between you and us relating to your use of the Service.

11. Contact Information

For questions regarding these Terms of Service, or to report violations (other than copyright notices, see Section 5), please contact us at: [email protected]

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