Effective Date: [August 1, 2024]
1. Introduction
Welcome to our special networking digital platform which connects HKongers to Canadian cities where everyone can share ideas, exchange information, form communities, and discover the most interesting aspects of living in Canadian Cities (the "Platform"). The Platform is owned and operated by CLS Media Company Ltd., a B.C company (the “Company”, or "We," or "Us," or "Our"). Within our Platform, we operate the website www.9up.fun; (the 'Site'), the mobile application 9UP (the 'App'), as well as other related products and services that are described or referenced to in this agreement or offered on our Platform (collectively, the “Services” or “Platform”). This End User Agreement (the "Agreement") governs your access to and use of our Services, more specifically, our Platform. By accessing or using the Platform and our Services, you agree to comply with and will be bound by this Agreement. If you do not agree with any part of this Agreement, you will be prohibited from using our Platform or accessing our Services, so please first review, and then agree to these terms and conditions before proceeding. More of our required Platform usage and other terms and conditions can be found at <LINK FOR: WEBSITE TERMS AND CONDITIONS OF USE>. We have simplified some of those terms and conditions here so that you understand our platform’s terms of use.
2. Eligibility
To use the Platform, you must be at least 18 years old and have the legal capacity to enter into this Agreement. By using any of our Services and accessing the Platform, you represent and warrant that you meet these eligibility requirements.
3. Account Registration
a. Registration: To access certain features of the Platform and our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
b. Account Security: You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
4. User Conduct
You agree to use all our Services in accordance with all applicable laws and regulations.
You also agree NOT TO:
a. Post, upload, or distribute any content that is unlawful, defamatory, obscene, harassing, threatening, discriminatory, harmful in any regard such as ill-intended ideas or concepts, or otherwise objectionable to us or the mainstream Canadian society at large.
b. Use the Platform for any fraudulent or malicious activity.
c. Impersonate any person or entity or misrepresent your affiliation with any person or entity.
d. Interfere with or disrupt the integrity or performance of the Platform or our Services.
e. Attempt to gain unauthorized access to our Services, the Platform, or its related systems or networks.
f. Post or voice any content that may attract a contravention of Canadian or any other country’s laws, regulations, or its public policies (social or political) otherwise you are wholly responsible for your conduct and due to your conduct, our Company may be subject to an requisition by another country’s government to disclose your private information and any content or information you have generated using our Platform.
g. Child sexual abuse or any form of adult or child pornographic or related content or conceptualized ideas or suggestive content of any form are all strictly prohibited.
Please refer to the General Rules <LINK FOR: GENERAL RULES> for regulations in specific functions. We do not tolerate cyber-bullying of any type or form or variation of it.
5. Content
a. Your Content: You retain ownership and remain responsible (socially and legally) for any content you post, upload, or otherwise make available on the Platform or during the usage of our Services ("Your Content"). By posting Your Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform Your Content in connection with the operation of our Services and on our Platform.
b. Our Content: All content on the Platform, other than Your Content, is the property of CLS Media Company Ltd. or its licensors, and are therefore protected by Canadian intellectual property laws. You may not use, reproduce, modify, distribute, display, or perform any of Our Content without our prior written consent.
6. Privacy
Your use of the Platform is subject to our Privacy Policy, which is incorporated into this Agreement by reference. Please review our Privacy Policy <LINK FOR: PRIVACY POLICY> to understand our practices regarding your personal information.
7. Termination
We reserve the right to suspend or terminate your account or your access to our Services and the Platform at any time, with or without cause, and with or without notice. Upon termination, you must cease all use of our Services and Platform and must promptly delete any content downloaded or otherwise obtained from our Services or the Platform.
8. Disclaimers
Our Services are provided "as is" and "as available," without warranties of any kind, either express or implied. We do not warrant that the Platform will be uninterrupted, error-free, or secure as there are a community of other users creating their own content that we may not be monitoring immediately, but we have measures in place to protect your personal information. Still any user of our Services should be vigilant in protecting their own private and personal information. The responsibility to do so remains with the End User of our Services.
9. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our Services or the Platform; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Platform; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform or through usage of our Services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Platform or through the use of our Services.
9.1 Third Party Advertisement Disclaimer
For your information, third-party advertisements on a Platform are typically integrated through several common methods, including:
Given the above, our Company disclaims and clarifies that We DO NOT endorse or assume responsibility for the content of the advertisements or the products and services being promoted.
9.2 Third-Party Advertisement Disclaimer
Our Platform, or any Services provided otherwise may contain advertisements and links to third-party websites, products, and services. These advertisements are provided by external advertising companies and are not affiliated with, endorsed by, or controlled by Us.
We also DO NOT verify, endorse, or take responsibility for the accuracy, completeness, quality, or legality of the content, products, or services advertised by third parties. Any interactions, transactions, or correspondence you have with these advertisers are solely between you and the advertiser.
By using our Platform, you acknowledge and agree that We shall not be held liable for any loss or damage incurred as a result of your dealings with third-party advertisers or your use of their platform, products, or services.
If you encounter any issues or have concerns about any advertisements displayed on our Platform, please contact the advertiser directly.
10. Indemnification
You agree to indemnify and hold harmless CLS Media Company Ltd., its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our Services or our Platform or your violation of this Agreement.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the Federal Laws of Canada without regard to its conflict of law principles.
12. Dispute Resolution
Any dispute arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration solely at the discretion of CLS Media Company Ltd. pursuant to the Commercial Arbitration Act of British Columbia, [SBC 1986], Chapter 3, of which its rules and legal content are deemed to be incorporated by reference into this clause. The seat and venue of the arbitration shall be chosen exclusively by CLS Media Company Ltd. and taking place in Vancouver, Canada. The language of the arbitration shall be in the English language.
13. Miscellaneous
a. Entire Agreement: This Agreement constitutes the entire agreement between you and us regarding the use of our Services and our Platform and supersedes any prior agreements between you and us relating to such subject matter.
b. Amendments: We may amend this Agreement from time to time. If we make material changes to this Agreement, we will notify you by posting a notice on our Platform or through other Services’ channels prior to the effective date of the change. Your continued use of our Services and the Platform after the effective date of change constitutes your acceptance of the amended Agreement.
c. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
d. Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
14. Contact Us
If you have any questions about this Agreement, please contact us at:
Attn: Platform Management / Engagement Team
CLS Media Company Ltd.
PO Box36508
Richmond RPO Seafair, BC V7C 5M4
+1-672-200-9099
By clicking "I Agree" or by using any of our Services or the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Sincerely,
CLS Media Company Ltd.
Platform Management / Engagement Team
Copyright © 2024 9UP - All Rights Reserved.
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