Important Notice:
These terms and conditions are
important. Please read them carefully as they deal with issues such as your
commitments to us and our commitments to you.
Your registration for the
belebala.com.hk service (the "Service") constitutes your agreement to be bound
by these terms and conditions and those set out in your application form for the
Service (together the "Agreement"). The Agreement represents the entire
understanding between you and us in relation to the Service and supercedes all
prior agreements and representations made by either party, whether oral or
written.
TERMS AND CONDITIONS OF
belebala.com.hk
1. Our responsibilities
1.1 "We" and "us" means eSharp Solutions
Limited. We will permit you (the "Subscriber") to access the
Service using your BELEBALA.COM.HK login(s) ID and passwords.
We may:
(1) deactivate the Service at any time without
notice to carry out system maintenance, upgrading, testing and/or repairs;
(2) limit or suspend your access to the Service without notice where we are
of the opinion that such action is appropriate as a result of your use of the
Service;
(3) expand, reduce and/or modify any of the Service or any Content
(including but not limited to any still picture, series of moving images,
whether animated or otherwise, music video, music, data, information and/or
other material, goods or services that may be accessed through the Service or
any item or reward earned or acquired by you through the Service (including but
not limited to any game tokens if any) ; and
(4) amend the amount of any
fees, introduce new fees and/or amend the terms and conditions of this
Agreement, and/or amend any operating rules which govern your use of the Service
by posting the details of such amendments on belebala.com.hk such amendments to
take effect immediately upon such posting being made.
2. Your responsibilities
2.1 You:
(1) will be strictly and solely responsible for
your own use of the Service and any use of the Service by a Designated User
(being any person who uses the Service by using the login ID(s) and password(s)
provided by us to you to access the Service );
(2) must not, and must not
permit any other person, to sell, reproduce, copy, distribute, publish, modify,
prepare derivative works based on or display the Content or cause the Content to
otherwise be displayed in public unless you own that Content or possess an
appropriate licence;
(3) must not reverse engineer any Content consisting of
downloadable software;
(4) will ensure that each of the Designated Users
comply with these terms and conditions; and conditions;
(5) will abide by
all relevant laws of the Hong Kong Special Administrative Region and any
operating rules, as amended from time to time;
(6) subject to any other term
contained in this Agreement, will not assign, transfer or sub-license all or any
part of your rights or obligations under this Agreement;
(7) will provide
true, accurate, current and complete information about yourself as required to
complete your application form for the Service ("Registration Data");
(8)
will agree to maintain and promptly update the Registration Data you have
submitted to us and keep it true, accurate, current and complete.
(9) will
not provide any information that is untrue, inaccurate, not current or
incomplete, if we have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Service;
(10) will upon our request, sign a hard copy version of this
Agreement;
(11) will report any violation of this Agreement to our Customer
Service Team;
(12) safeguard your login ID and password and ensure that they
are not disclosed or provided to any other person and ensure that any Designated
User safeguard its login ID and password and ensure that they are not disclosed
or provided to any other person; and
(13) in relation to any Content which
you upload or post on the Service, be deemed to have granted to us an
irrevocable licence to copy, distribute, publish and transmit such Content as is
necessary for the operation of the Service, without charge unless otherwise
agreed between you and us.
2.2 You must not post or distribute any content
on the Service that:
(1) you do not have the right to post;
(2)
is defamatory or in contempt of any legal or other proceedings;
(3) is
misleading or deceptive;
(4) incites hatred or discrimination against any
group of persons being a group defined by reference to colour, race, sex,
origin, nationality or ethnic or national origins;
(5) denounces religious
or political beliefs;
(6) includes religious or political material which is
or is likely to be offensive;
(7) is indecent, obscene, vulgar,
pornographic, offensive or of doubtful propriety;
(8) is of a menacing
character;
(9) is likely to cause annoyance, inconvenience or anxiety;
(10) is likely to encourage crime, public disorder, violence or hatred;
(11) is likely to damage public health, safety or morals;
(12) infringes
any copyright, trade mark, patent or other intellectual property right of
another person;
(13) contains any unsolicited or unauthorised advertising or
promotional material;
(14) contains viruses or similar software or data
which is designed to interrupt, destroy or limit the functionality of any
computer software or hardware;
(15) impersonates any person or misrepresents
your relationship with any person.
(16) that contains any material,
non-public information of any third party without the necessary authorization to
do so;
(17) contains any trade secret of any third party;
(18) contains
any advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities, or other unsolicited commercial communication (except as
otherwise expressly permitted by us), or engage in spamming; and
(19)
incorporates any software or other materials that contain any virus, worm, time
bomb, Trojan horse, or other harmful or disruptive component.
2.3 You agree not to:
(1) restrict or inhibit any other authorized
party from using the Service, including, without limitation, by means of
"hacking" or defacing any portion of the Service or the web sites of the
Service;
(2) use the Service or the web sites of the Service or the Software
(as defined in Clause 6.1) for any unlawful purpose;
(3) express or imply
that any statements you make are endorsed by us, without our prior written
consent;
(4) modify, adapt, sub-license, translate, sell, reverse engineer,
decompile or disassemble any portion of the web sites of the Service or any of
the Software;
(5) remove any copyright, trademark, or other proprietary
rights notices contained in the Service or the Content;
(6) copy and/or frame
any part of the Service or the Content without our prior written
authorization;
(7) use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index, "data mine,"
or in any way reproduce or circumvent the navigational structure or presentation
of the Service or the Content;
(8) collect information about users of the
Service without their express consent;
(9) reverse engineer any Content
consisting of downloadable software.
(10) hack, break into, access, use or
attempt to hack, break into, access or use part of the Service, Content, any
website(s) of any third parties (including www.belebala.com.hk ), its content,
and/or any data areas on our server(s) or that of any third parties without
authorization.
(11) not store or upload any kind of tools, software or
materials in any storage space assigned by us to you in our server(s) that can
be used, in our sole opinion for hacking or for any other illegal or improper
purpose
3. Personal Data
3.1 If we request personal data from you that
constitutes Personal Data (meaning Personal Data as that term is used in the
Personal Data (Privacy) Ordinance), you may decline to provide the Personal Data
but in that event we may decline to provide the Service to you. You agree that
we may use the Personal Data for any and all of the following purposes:
(1) provision of the Service to you (including
the transfer of such Personal Data to other telecommunications network providers
or third parties as necessary for the provision of the Service );
(2)
matching (as defined in the Personal Data (Privacy) Ordinance) the Personal Data
with other data collected for other purposes and from other sources including
third parties in relation to the provision of the Service;
(3) marketing of
goods and/or services by us, our agents and Affiliates (meaning any other entity
which directly or indirectly controls us, is controlled by us, or is under
common control with us), in relation to the Service ;
(4) improving of goods
and/or services in relation to provisioning of the Service ;
(5) processing
of any benefits arising out of or in connection with the Service ;
(6)
analysing, verifying and/or checking your credit, payment and/or status in
relation to provision of the Service ;
(7) processing of any payment
instructions, direct debit facilities and/or credit facilities in relation to
the provisioning of the Service or requested by you;
(8) enabling the daily
operation of your account and/or the collection of amounts outstanding in your
account in relation to the Service ;
(9) enabling us to comply with our
obligations to interconnect or other industry practices;
(10) keeping you
informed of other services we provide;
(11) prevention or detection of
crime;
(12) disclosure as required by law; and
(13) any other purposes as
may be agreed to by the parties.
3.2 You agree that the Personal Data may be
disclosed and transferred in Hong Kong or in places outside Hong Kong to our
Affiliates, agents, contractors, telecommunications operations, any other third
parties, including collection agencies, credit reference agencies, security
agencies, credit providers or other financial institutions and any of our actual
or proposed assignees or transferees of our rights with respect to you for such
person to use, disclose, hold, process, retain or transfer for the purposes
listed in this Clause.
3.3 You shall, as soon as practicable, notify
us of any changes of address or any other particulars provided to us which may
affect the provision of the Service to you. On our request, you shall provide us
with information relating to you and your use of the Service reasonably required
by us:
(1) to assist us in complying with our
obligations under any applicable law;
(2) to report to any government agency
regarding compliance with those obligations; and
(3) to assess whether or
not you have complied, are complying and will be able to continue to comply with
all of your obligations under this Agreement.
3.4 If you do not provide us with this
information within 2 business days, you licence us and our authorised
representatives during the term of this Agreement and for 3 months after its
termination, to enter the premises owned or occupied by you during business
hours, after giving reasonable notice, for the purpose of obtaining any
information requested under this paragraph.
4. Subscriber's Material Upload
4.1 you may upload, send or transmit to us
video clips, text, pictures, suggestions, ideas, notes, concepts, or other
materials (collectively "Subscriber's Material"), you agree that the
Subscriber's Material , whether publicly posted or privately transmitted, are
the sole responsibility of yourself and the person from which such Subscriber's
Material originated. This means that you, and not us, are entirely responsible
for all the Subscriber's Material that you upload, post, email, transmit or
otherwise make available via the Service. We are not responsible for editing or
controlling any Subscriber's Material posted via the Service and, as such, do
not guarantee the accuracy, integrity or quality of any Subscriber's Material .
You agree that by using the Service, you may be exposed to Subscriber's Material
which are offensive, indecent or objectionable. Under no circumstance will be
liable in any way for the Subscriber's Material, including, but not limited, for
any errors or omissions in any Subscriber's Material , or for any loss or damage
of any kind incurred as a result of the use of any Subscriber's Material posted,
emailed, transmitted or otherwise made available via the Service. We are under
no obligation to return any Subscriber Material.
4.2 Without limiting the foregoing, you agree
that you will not use our sites to carry out any of the following
actions:
(1) upload, post, email, transmit or otherwise
make available any contents that is unlawful, harmful, threatening, abusive,
harassing, stalking, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
(2) harm minors in any way;
(3) impersonate any person or
entity, including, but not limited to, any eSharp official, forum leader, guide,
employee or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
(4) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any contents transmitted through
the Service;
(5) 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 non disclosure agreements);
(6) upload,
post, email, transmit or otherwise make available any Subscriber Material that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
(7) upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas.
(8) 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;
(9) disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other users of Service are able to type, or
otherwise act in a manner that negatively affects other users' ability to engage
in real time exchanges;
(10) 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;
(11) collect or
store personal data of other users.
4.3 By sending or transmitting to us
the Subscriber's Material, or by posting the Subscriber's Material to any part
of the Service, you grant us and our assignees a worldwide, non-exclusive,
sub-licenseable (through multiple tiers), assignable, royalty-free, perpetual,
irrevocable right to use, reproduce, distribute (through multiple tiers), create
derivative works of, publicly perform, publicly display, digitally perform,
make, have made, sell, offer for sale and import such Subscriber's Material in
any media now known or hereafter developed, for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Subscriber's Material. None of the Subscriber's Material shall be subject to any
obligation, whether of confidentiality, attribution, or otherwise, on our part
and we shall not be liable for any use or disclosure of any Subscriber's
Material.
5. Acknowledgements
5.1 You acknowledge that:
(1) it is not our policy to exercise any
editorial control over or to edit or amend any Content or content posted by
third parties on other parts of the Service before it is transmitted or made
available through the Service;
(2) we do not make any claims as to the truth
of the statements made by third parties in any of the message boards or on other
parts of the Service and the names of the authors and any other names of the
parties posting messages or contents on the Service may not be the persons that
the names suggest;
(3) considering the nature of the message boards, it is
impossible for us to review all messages or confirm the validity of information
posted;
(4) we do not monitor the contents of posted messages AT ALL and are
not responsible for any messages posted;
(5) we do not vouch for or warrant
the accuracy, completeness or usefulness of any message, and is not responsible
for the content of any message;
(6) the messages solely express the view of
the author of the message, not our views or any entity associated with us;
(7) we disclaim all liability for any of the messages posted on the forum
services;
(8) if you feel that a posted message is objectionable you may
contact us immediately and we will make every effort to do remove such message
within a reasonable time frame should we determine that removal is necessary.
(9) we have the right to delete, remove, move or disable any message or
Content which we consider, in our sole opinion to breach or is likely breach any
applicable law or to be unacceptable.
(10) your use of different web pages of
the website of the Service or web sites linked to the Service may be governed by
additional or different terms and conditions. Where this is the case, those
additional terms and conditions will apply to your use of such web page or web
site in addition to these terms and conditions and will prevail over these terms
and conditions to the extent of any inconsistency;
(11) nothing you do on or
in relation to the Service will transfer any intellectual property rights to you
or licence you to exercise any intellectual property rights unless this is
expressly stated;
(12) parts of the Service which are provided or maintained
by any third party provider are solely provided to you by that third party
provider, and you agree that we will not be liable or responsible for any loss
or damage of any sort incurred as the result of such dealings;
(13) that
there may be some messages or content on the Service which is not suitable for
viewing by minors. You are responsible for checking the identity and/or age of
any person who wishes or intends to view any such message or content before you
permit that person to view those messages or content or use any login ID or
password we provide to you to access the Service and for generally ensuring that
minors do not access such message or content using any login ID or password we
provide to you to access the Service; and
(14) parts of the Service and the
Content, are provided or maintained by third party providers and not by us. Your
correspondence or dealings with any third party provider are solely between you
and that third party provider, and you agree that we will not be liable or
responsible for any loss or damage of any sort incurred as the result of such
dealings; and
(15) unless explicitly stated otherwise, any new features that
augment or enhance the Service shall be subject to this Agreement.
6.
Software Licence
6.1 You will from time to time be permitted to
download software from the Service ("Software") and we hereby grant to you a
non-exclusive and non-transferable licence for you to store, run and use the
Software on your computer in accordance with the terms and conditions of this
Agreement and any software licence which accompanies the Software but not
further or otherwise.
7. Links and Advertisements
7.1 We have not reviewed all of the web sites
linked to the Service and are not responsible for the content or accuracy of any
off-site pages or any other web sites linked to the Service (including without
limitation sites linked through advertisements). Some links which appear on the
Service are automatically generated, and may be offensive or inappropriate to
some people. The inclusion of any link does not imply that we endorse the linked
site, and you use the links at your own risk. Your correspondence or dealings
with, or participation in promotions of, advertisers on the Site are solely
between you and such advertisers. We will not be liable or responsible for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of advertisements on the Service.
7.2 We use third-party advertising companies to
track and/or measure advertising effectiveness on our web site and other web
sites. These companies may use information (not including your name, address,
email address or telephone number) about your visits to this and other web sites
in order to measure advertising effectiveness and to provide advertisements
about goods and services of interests to you.
8. Payment
8.1 We will invoice you every month with a list
of all fees which relate to your and any Designated User's use of the Service
("Fees"). You hereby authorise us to charge your credit card for the Fees at any
time before the due date, such authorisation to continue after the expiry date
on any such card (and where you are not the cardholder, you hereby agree to
procure such authorisation from the cardholder). You agree that we may transfer
any amount that is owing to you or due from you under any of your accounts, if
you have more than one account with us, so as to settle any outstanding amount
due to us under any of your accounts, whether they have been terminated or
suspended. Any disputes regarding an invoice must be raised within 30 days of
the invoice date notwithstanding, where relevant, any terms to the contrary in
any cardholder agreement with the bank. Please note that no credit or refund is
available in respect of any time when the Service or any part thereof is
disrupted or suspended for maintenance or as a result of technical difficulties
or a circumstance beyond our reasonable control. If you have not paid any
invoice by the due date, we reserve the right to charge interest on any
outstanding amount at 2% per month until the invoice has been paid in full and
to charge a handling fee, collection agency fee, reconnection fee and/or require
a security deposit if your access to the Service is suspended or terminated
before payment is made. You acknowledge that if we invoice you for Content as
agent for a third party provider of that Content, we are not the supplier of
that Content.
8.2 Usage of certain parts of the Service may
require you to pay a fee. You agree to pay all fees and charges that you or your
Designated Users incur. Unless otherwise noted, all currency references are in
Hong Kong dollars. We may at any time change the amount of, or basis for
determining, any fee or charge, or institute new fees or charges. All fees and
charges are payable in accordance with payment terms in effect at the time the
fee or charge becomes payable.
8.3 Payment for usage of certain parts of the
Service can be made with game tokens where specified, which are converted for
cash at a rate of one token to HK$1.00. You may purchase tokens through payment
by credit cards at designated retail outlets or from such places and other
payment method as specified by us from time to time. Such game tokens where
available once purchased shall not be refundable in cash or otherwise.
8.4 You may earn or acquire credit points when
using the Service, such credit points earned or acquired by you shall be
notional in value and have no monetary value. We are under no circumstances be
obliged to honor them. Any rights associated with such credit points or their
notional value shall be our property. We do not authorize the trading of the
credit points amongst subscribers to the Service and may cancel the credit
points of any subscriber found doing so.
8.5 Unless we specify to the contrary, all
items acquired by the subscribers to the Service when using the Service
including but not limited to game tokens (if any), game tools and Avatar items
must be used before the termination of this Agreement or within one (1) year
from the date of acquiring such items, whichever is
earlier.
9. Indemnities
9.1 You agree to indemnify us against any
action, liability, cost, claim, loss, damage, proceeding, and/or expense
suffered or incurred by us arising from or which is related
to:
(1) your use and any Designated User's use of
the Service ; and
(2) any breach or non-observance of any term of this
Agreement by you or any Designated User.
10. General Warranties & Liability
10.1 To the extent permitted by law, we
disclaim any representation or warranty whether express or implied as to the
title, fitness for a particular purpose, merchantability, accuracy or standard
of quality of the Service, the Software and/or any Content, that the Service
will be uninterrupted or error free, any obligation to maintain the
confidentiality of information (although our current practice is to maintain
such confidentiality), the results to be obtained from use of any part of the
Service and/or any of the Content unless otherwise specifically mentioned in
this Agreement.
10.2 You agree that our liability under this
Agreement shall in any event not exceed the total Fees paid by you to us for the
immediately preceding twelve months prior to any incident giving rise to a
claim.
10.3 We expressly disclaim any liability
for:
(1) any damage to or loss of data suffered by
you arising from your use of the Service, the Software and/or any Content;
(2) any claim based on contract, tort, or otherwise or any loss of revenue
(whether direct or indirect), loss of profits or any consequential loss whether
of an economic nature or not;
(3) any claim relating to any part of the
Service and/or any of the Content supplied, provided, sold or made available by
or through the Service (or any failure or delay to so supply, provide, sell or
make available);
(4) any injury, disease, seizure or loss of consciousness
suffered by you or any person who accesses the Service using your login ID
and/or password, arising whether directly or indirectly from accessing and using
any of the part of the Service or Content or playing any computer games through
the Service; and
(5) any disruption or suspension of the Service or any part
thereof which is attributable to an event or circumstance beyond our reasonable
control.
11. Termination
11.1 We may terminate this Agreement at any
time on the giving of at least one calendar month notice to you or immediately
by notice to you if you breach any term of this Agreement. You may terminate
this Agreement online, at any time, by submitting a request at the website of
the Service and termination of your account would be effected upon your receipt
of a confirmation that your account has been terminated upon the submission of
your request.
12. Effect of Termination
12.1 Upon the date of termination of this
Agreement, all licences, rights and privileges granted to you under the terms of
this Agreement shall cease. Any termination of this Agreement shall not affect
any accrued rights or liabilities of either party nor shall it affect the coming
into force or the continuance in force of any provision contained in this
Agreement which is expressly or by implication intended to come into or continue
in force on or after such termination. Under no circumstances will you be
entitled to a refund of any Fees or game tokens, interest on any security
deposit or any pro rata repayment of any monthly service
fee.
13. Unauthorized access
13.1 Unauthorized access to the Service is a
breach of this Agreement and a violation of the law. You agree not to access our
sites by any means other than through the login interface that is provided by us
for use in accessing our sites. You agree not use any automated means,
including, without limitation, agents, robots, scripts, or spiders, to access,
monitor or copy any part of our sites except those automated means that we have
given prior written approval for.
14. General
14.1 We may appoint agents, assign or
sub-contract the whole or any part of our rights and/or obligations contained in
this Agreement to any person at any time. The English version of these terms and
conditions shall prevail over any Chinese version (if any) which is provided for
information purposes only. If any term or condition of this Agreement becomes or
is declared illegal, invalid or unenforceable for any reason, such term or
condition shall be divisible from this Agreement and shall be deemed to be
deleted from this Agreement. This Agreement shall be governed by the laws of the
Hong Kong Special Administrative Region and the parties hereby submit to the
non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative
Region.
You
agree to be bound by the above terms and conditions of the belebala.com.hk
service by continuing to use the belebala.com.hk service.