條款及細則
Terms of Use: WELCOME TO 8ATTLE (INCLUDING ANY 8ATTLE MOBILE APPLICATIONS AND WEBSITES, COLLECTIVELY “8ATTLE SERVICE”) WHICH IS OWNED AND OPERATED BY TRIFECTAH INTERNATIONAL LIMITED (“TRIFECTAH”, “WE”, “US” OR “OUR”). PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS OF USE”) CAREFULLY AS THEY APPLY TO YOUR USE OF 8attle SERVICE. BY ACCESSING OR USING 8ATTLE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THESE TERMS, DO NOT ACCESS OR USE 8attle SERVICE. Please note that these Terms of Use may be amended from time to time by us in our sole discretion as we think fit.

  1. Definitions

The following words have the following meanings in these Terms of Use. “Associated Company” has the meaning given to it by section 2 of the Companies Ordinance (Chapter 622 of the laws of Hong Kong) “Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through any 8attle Service; “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China; “HK$” means Hong Kong dollars, the lawful currency of Hong Kong;  “iTunes Store” means the online digital media store operated by Apple Inc.; “Password” means the sequence of computer readable characters chosen by you from time to time as a password in order to access and use your 8attle Account (as defined in clause 1.2 below); “PayPal” means the worldwide online payment system operated by PayPal Holdings, Inc.;   “Personal Data” has the meaning given to it by section 2 of the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong) and/or other applicable law   “user” means any person who uses or accesses 8attle Service (as defined above) “Username” means the sequence of computer readable characters from time to time chosen by you in order to log on to 8attle Service;  “you, your” means users of 8attle Service  

  1. Registration and Account Security

1.1 By signifying your acceptance of these Terms of Service or accessing or using 8attle Service, you represent and warrant that you are of legal age to form a binding contract. 1.2 You shall not create any account on 8attle Service (“8attle Account”) for any person other than for yourself unless you are duly authorized by that person. 1.3 You shall not create any 8attle Account by any unauthorized means, including but not limited to, by using an automated device, harvesting bots, robots, spiders, scrapers or other means with a similar nature. 1.4 You hereby warrant, represent and undertake that any information provided by you to us upon registration and at any other times are and will be true and accurate when provided, and you hereby undertake to update such information as necessary to maintain its truth and accuracy. 1.5 We are entitled to refuse registration of, suspend, terminate or cancel any Username and/or 8attle Account in our sole discretion at any time. 1.6 You shall not sell, transfer, license or assign your 8attle Account or any of your rights under your 8attle Account to any other person without our prior written consent. 1.7 You shall not share your password or other login credentials with any other person, or do anything which may jeopardize the security of your 8attle Account. 1.8 You shall not solicit login information or access an account which belongs to other users of 8attle Service or do anything which may jeopardize the security of other 8attle Account. 1.9 If you use 8attle Service on behalf of an entity, you represent and warrant that you are duly authorized to accept these Terms of Use on behalf of that entity and your authorization remains valid and effective at all times when you use 8attle Service. 1.10 You agree to have your Personal Data transferred to and processed in any places other than Hong Kong where we may have self-owned and/or outsourced data process centers as determined by us from time to time in our sole discretion.
 

  1. Use of 8attle Service

2.1 8attle Service users may broadcast, display, post or transmit on or through 8attle Service any Content. However, you shall not broadcast, display, post or transmit on or through 8attle Service any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Content of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any laws of Hong Kong, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others. 2.2 You shall not defame, bully, abuse, harass, threaten, impersonate or intimidate Trifectah or any of our Associated Companies, and/or other 8attle Service users via 8attle Service. 2.3 You shall not use 8attle Service for any illegal or immoral purpose. You shall comply with all applicable laws, rules and regulations of Hong Kong and those of other jurisdictions (where applicable) when using 8attle Service. 2.4 You shall not broadcast, display, post or transmit on or through 8attle Service any advertisement, solicitation or other unsolicited commercial communication, or engage in spamming. 2.5 You shall not transmit any worm, virus, spyware, malware or other malicious code, or by any other means interfere, disable, overburden, or impair the operation, security, privacy or interface of 8attle Service. 2.6 You shall not alter the function, entirety and/or interface of 8attle Service, create derivative works of 8attle Service, or decompile or otherwise attempt to extract our source code or other intellectual property rights. 2.7 You shall not create or alter another website or mobile application so as to falsely imply that it is associated with 8attle Service or Trifectah or any of our Associated Companies. 2.8 You shall not by any means restrict or attempt to restrict other 8attle Service users from using 8attle Service, or interfere or attempt to interfere with other 8attle users’ use of 8attle Service. 2.9 You shall not facilitate or encourage any violation any by anyone of these Terms of Use. 2.10 You shall not do any of the following while accessing or using 8attle Service:

  1. access, use or tamper with any non-public areas of 8attle Service, Trifectah’s computer systems, and/or the technical delivery systems of Trifectah’s service providers (including but not limited to cloud computing service providers);
  2. examine, scan or test, or attempt to examine, scan or test the vulnerability of any Trifectah’s system or network, and/or breach or bypass any Trifectah’s security or authentication measures;
  3. access or search, or attempt to access or search 8attle Service by any means other than through our currently published interfaces that are provided by Trifectah, unless you have been specifically allowed to do so in a separate written agreement with Trifectah;
  4. force any transmission control protocol (TCP)/ internet protocol (IP) packet header or any part of header information in any email or Content that you send to, broadcast, display, post or transmit on or through 8attle Service, which may result in the sending of request to our servers without following the technological rules or procedures that we have set and/or in any way use 8attle Service to send altered, deceptive or false source-identifying information; and/or
  5. interfere with or disrupt, or attempt to interfere with or disrupt the access of 8attle Service by any user and/or Trifectah’s host or network by any means, including but not limited to, sending a virus, or overloading, flooding, spamming or mail bombing 8attle Service, or by scripting the creation of Content in such manner as to interfere with or create an excessive burden on 8attle Service.

2.11 You shall comply with our Community Guidelines when accessing or using 8attle Service. 2.12 You are solely responsible for Your Content. We are not responsible for any of Your Content and we do not endorse any opinion contained in any of Your Content. We reserve the right to monitor, review and/or edit your 8attle Account, activities associated with your 8attle Account and/or Content broadcast, displayed, posted or transmitted by you on or via 8attle Service (“Your Content”). In all cases, we reserve the right to remove, edit and/or disable access to all or any part of Your Content for any or no reason, including but not limited to all or any part of Your Content that, in our sole discretion, violates any of these Terms of Use. We may take these actions without prior notification to you or any third party. Removal, editing and/or disabling of access to all or any of Your Content shall be in our sole discretion, and we do not promise to remove, edit and/or disable access to any specific Content. You agree in the event that we determine, in our sole discretion, Your Content violates any of these Terms of Use, we have the absolute right to suspend, terminate or cancel your 8attle Account without prior notification to you or any third party. 2.13 You are solely responsible for your interaction with other 8attle Service users, whether online or offline. You agree that neither we nor any of our Associated Companies are responsible for the conduct of any 8attle Service users. However, we reserve the right to become involved, in our sole discretion, in any dispute between you and other 8attle Service users arising from the use of 8attle Service.
 

  1. Rights to Your Content and Licence Grant

3.1 Your Content belongs to you, but by using 8attle Service, you are granting Trifectah permission to use Your Content as set out in these Terms of Service. By using 8attle Service, subject to our Privacy Policy, you are granting Trifectah a non-exclusive, royalty-free and sub-licensable licence to use, reproduce, adapt, distribute, transmit, publish and display your Content on and through 8attle Service, regardless of the form of media used or of whether 8attle Service now exists or is developed in the future. 3.2 You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the rights and licences set forth in these Terms of Use (including the rights to sub-license); (ii) the broadcast, display, posting or transmission of Your Content on or via 8attle Service does not violate any applicable law, or the intellectual property (including without limitation copyright), rights of privacy, publicity, personality, or other rights of others, or imply any affiliation with or endorsement of you or Your Content by us or any artist, band, label, entity or individual without express written consent from such individual or entity; (iii) you agree to pay for all royalties and fees owed by reason of and/or in relation to Your Content; and (iv) you have the legal right and capacity to enter into these Terms of Use. 3.3 We have the absolute right to remove, edit and/or block Your Content, in whole or in part, without prior notice to you. Therefore, you agree that you will not rely on 8attle Service for the backup or storage of Your Content. We strongly encourage you to maintain your own backup of Your Content if deemed necessary. 3.4 You acknowledge that there will be occasions where 8attle Service is interrupted due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunication links and/or equipment, or any other reason. In such cases, we will not be liable to you for any modification, suspension, failure, unavailability or discontinuation of 8attle Service, or any loss of Your Content, or any other loss or damage of any kind incurred as a result of any modification, suspension, failure, unavailability or discontinuation of 8attle Service. 3.5 Except as otherwise described in our Privacy Policy, all of Your Content is non-confidential and non-proprietary and we will not be liable for any use or disclosure of Your Content. You acknowledge and agree that your relationship with Trifectah is not a confidential or fiduciary one. None of Your Content will be subject to any obligation of confidence on the part of Trifectah, and therefore Trifectah will not be liable for any use or disclosure of Your Content by Trifectah or any other users. 3.6 All Content made available as part of 8attle Service (other than Content broadcast, displayed, posted or transmitted by 8attle Service users) (“8attle Content”) is our property or is licensed by us and is protected by copyright, trade marks, service marks, patents or other proprietary rights and laws. Our licensors and we own copyright in the selection, co-ordination, arrangement and enhancement of such 8attle Content, as well as in the content original to it. You may not modify, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the 8attle Content, in whole or in part. 3.7 We own the name, logo, trade name and trade mark of 8attle, and therefore, without our prior written permission, you may not copy, imitate or use, in whole or in part, the name, logo, trade name and trade mark of 8attle. 3.8 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback“) in connection with 8attle Service without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
 

  1. Royalty Sharing

4.1 You will be entitled to royalties based on the contribution of your 8attle Account (“Your Royalties”). You must enter payment information before you can receive Your Royalties. Royalty balance must be at least HK$300 before you can receive Your Royalties. You are entitled to request a payment of Your Royalties once every day and the payment amount you are entitled to request each time is from HK$300 to HK$1,000. Your Royalties, after your request for payment, will be sent to you via PayPal with a handling fee (to be determined in the sole discretion of PayPal) to be charged on your PayPal account by PayPal. You agree that the payment of Your Royalties shall be governed by the terms and conditions of PayPal.
 

  1. Third Party Service

5.1 8attle Service may contain links to other Internet web sites, mobile applications or features, including affiliated web sites, mobile applications or features which may or may not be owned or operated by us. We have not reviewed all of the web sites, mobile applications or features that are or may be linked to 8attle Service, and we have no control over such web sites, mobile applications or features. Unless otherwise explicitly stated, we are not responsible for the content of such web sites, mobile applications or features, any updates or changes to such web sites, mobile applications or features, the privacy or other practices of such web sites, mobile applications or features, or any products or services offered by such web sites, mobile applications or features, and the fact that we offer such links does not indicate any approval or endorsement of any material contained on any linked web sites mobile applications or features. We are providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked web sites, mobile applications or features. Further, it is up to you to take precautions to ensure that whatever links you select (whether from the 8attle Service or other web sites, mobile applications or features) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. 5.2 Without limiting the generality of Clause 5.1 above, your payment for service and/or product available on any 8attle mobile applications shall be made via iTunes Store and governed by the terms and conditions of iTunes Store.
 

  1. Advertisers in 8attle Service

We accept no responsibility for advertisements contained within 8attle Service. If you agree to purchase goods and/or services from any third party who advertises in 8attle Service, you do so at your own risk. The advertiser, not us, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
 

  1. Warranties and Disclaimer

7.1 8attle SERVICE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR ASSOCIATED COMPANY MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF 8attle SERVICE OR THE ACCURACY, ADEQUACY, COMPLETENESS OR TRUTHFULNESS OF THE CONTENT INCLUDED ON 8attle SERVICE. TO THE FULL EXTENT PERMISSIBLE BY THE LAWS OF HONG KONG, WE AND OUR ASSOCIATED COMPANY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO:

  1. THE AVAILABILITY OF 8attle SERVICE OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
  2. THE ACCURACY, ADEQUACY, COMPLETENESS OR TRUTHFULNESS OF ANY CONTENT ON 8attle SERVICE;
  3. THE MERCHANTABILITY, STANDARD OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF 8attle SERVICE;
  4. THE USE OR EXERCISE OF REASONABLE CARE AND SKILL IN PROVIDING OR DELIVERING ANY SERVICES ON OR THROUGH 8attle SERVICE OR THE TIMELINESS OF SERVICES OFFERED OR PROVIDED ON 8attle SERVICE;
  5. NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR
  6. 8attle SERVICE BEING FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.

7.2 OUR AND OUR ASSOCIATED COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO 8attle SERVICE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES IN CIRCUMSTANCES WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. OUR AND OUR ASSOCIATED COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR ASSOCIATED COMPANY ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH US OR 8attle SERVICE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. 7.3 Without limiting any exclusion specifically provided for in these Terms of Use, neither we nor our Associated Company shall in any event be liable for:

  1. any costs, damages or liability for any unauthorized use of 8attle Service or breach of security relating to 8attle Service;
  2. any damage to your device, your loss of data, or other damage or loss suffered by you in connection with or arising from your access or use of, or inability to access or use 8attle Service; and/or
  3. any deletion of, failure to store or transmit any Content.

7.4 You will exercise and rely solely on your own judgment in using 8attle Service. In no event shall we nor our Associated Company be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, 8attle Service, even if we have been advised of the possibility of such damages including without limitation, unauthorised access using your Username and Password or transmission of Content or any transactions entered into through 8attle Service. You specifically agree that neither we nor our Associated Company shall be responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that neither we nor our Associated Company shall be responsible for the Content sent out using and/or included in 8attle Service by any third party. 7.5 IN ANY EVENT, OUR AND OUR ASSOCIATED COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF USE OR 8attle SERVICE SHALL NOT EXCEED THE GREATER OF HK$200. 7.6 The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by the laws of Hong Kong.
 

  1. Indemnity

8.1 To the extent permissible under the laws of Hong Kong, you, along with any third party for whom you operate a 8attle Account, agree to indemnify and hold us and our Associated Company, our officers, directors, agents and employees harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by us in connection with or arising from any of the following:

  1. Your Content or your access to or use of 8attle Service;
  2. your breach or alleged breach of these Terms of Use;
  3. your violation of any third party’s rights, including but not limited to any intellectual property rights, or rights of privacy;
  4. your violation of any laws, rules, regulations, codes, or orders of any authorities;
  5. any misrepresentation and/or misconduct made by you; and/or
  6. any claim brought against us by anyone related to Your Content

You will cooperate as reasonably required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnity by you, and you agree not to settle any such claim without our prior written consent. 8.2 Our failure to enforce any provision of these Terms of Use or right shall not be construed as a waiver of any such provision or right. No waiver of such provision or right shall be deemed a future or continuing waiver of such provision or right or any other provision or right.
 

  1. Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
 

  1. Amendments and Modification

We reserve the right, in our sole discretion, to amend these Terms of Use (the “Amended Terms”) from time to time in our sole discretion as we think fit. We will provide reasonable advance notice to you before the Amended Terms become effective. You agree that we may notify you of the Amended Terms by posting them on 8attle Service and you are obligated to check and review the Amended Terms at all times. Your continued use of 8attle Service, following our said notice, shall constitute your acceptance of our Amended Terms. If you do not agree to the Amended Terms, you shall immediately cease all your use of 8attle Service and shall deactivate your 8attle Account and not access or use 8attle Service any further.
 
 

  1. Termination and Effect of Termination

11.1 Violation of any of these Terms of Use may result in deactivation of your 8attle Account. 11.2 We reserve the right to terminate 8attle Service or your access to 8attle Service for any or no reason, with or without prior notice, at any time, and without liability to you. If we terminate your access to 8attle Service or deactivate your 8attle Account, you fully understand and agree that all your data and Your Royalty will no longer be accessible by you through your 8attle Account. 11.3 If we deactivate your 8attle Account, you may not create another account without our prior written permission. 11.4 Except for the following provisions, These Terms of Use shall cease to be effective and valid upon the deactivation of your 8attle Account except for Clauses 3, 6, 7, 9, 10, 13, 15 and 16 and provisions in respect of the rights, obligations, and licenses over 8attle Content and Your Content.
 

  1. Governing Law, Jurisdiction and Disputes Resolution

By accessing or using this 8attle Service, you agree that any claim relating to 8attle Service shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the right to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
 

  1. Assignment and Delegation

Without our prior written permission, you may not assign or delegate these Terms of Use or any rights or obligations hereunder, in whole or in part, to any third party. Any assignment or delegation by you without our prior written permission shall be null and void. We may assign these Terms of Use or any rights or obligations hereunder, in whole or in part, to any third party without your consent.
 

  1. Copyright Infringement

If you believe that any Content violates your copyright, please send us a notification with the following information by email to info@8attle.com.

  1. a physical or electronic signature of you or a person duly authorized to act on your behalf;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the Content that is claimed to be infringing or to be the subject of infringing activity (“Infringing Content”) and that is to be removed or access to which is to be disabled, and information reasonably sufficient for us to locate the material, including but not limited to:
  4. the username of the user who allegedly makes the Infringing Content available on 8attle Service;
  5. the title of the Infringing Content;

iii. the date on which and the time at which the Infringing Content was made available on 8attle Service; and/or

  1. the URL of the Infringing Content (if any)
  2. your contact information, including your address, phone number and email address;
  3. a statement by you that you have a good faith belief that the use of the Infringing Content in the manner complained of is not authorized by you, your agent, or the law; and
  4. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

We reserve the right to remove in our sole discretion the Infringing Content without prior notice to the user who has made the same available on 8attle Service. In appropriate circumstances, 8attle Service will also terminate the 8attle Account of a user if that user is determined by us in our sole discretion to be a repeat infringer.
 

  1. Data Privacy

Subject to our Privacy Policy, we reserve the right to access, use, disclose or preserve any of your information as we reasonably believe to be necessary to:

  1. comply with any laws and/or orders of the authorities;
  2. enforce these Terms of Use, including to investigate any potential violations of the same;
  3. detect, prevent, or address any fraud, security or technical issues;
  4. respond to support requests we received from 8attle Service users (including but not limited to your request for your forgotten password); and/or
  5. protect the rights, property or safety of Trifectah, 8attle Service users and the public.

 

  1. Entire Agreement

These Terms of Use, our Privacy Policy and our Community Guideline, which are hereby incorporated herein by this reference, constitute the entire agreement between you and us and govern your use of 8attle Service, and supersede any prior agreements between you and us, subject to the amendments thereto set forth in Clause 8 above.
 

  1. Severability

To the extent that any provision of these Terms of Use, our Privacy Policy and/or our Community Guideline is inconsistent with applicable laws or otherwise unenforceable, to the extent that such provision does not prevent performance of and interfere with the purpose of these Terms of Use, our Privacy Policy and/or our Community Guideline, or the performance of the other provisions, such inconsistency or unenforceability will not affect the validity of any other provision and these Terms of Use, our Privacy Policy and/or our Community Guideline.
 

  1. Territorial Restrictions

Information provided within 8attle Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to laws and regulations or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of 8attle Service or any portion of 8attle Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the functionalities and/or quantities of any content, program, product, service or other feature that we otherwise provides. You are obligated to deactivate your account and cease using 8attle Services if such use is not permitted under laws applicable to your use and/or such use will obligate us to any registration.  19 . General Provisions To assist you in understanding these Terms of Use, unless the context otherwise requires, these Terms of Use should be interpreted using the following rules:

  1. words importing one gender include the other genders;
  2. words importing the singular shall include the plural and vice versa;
  3. expressions defined in the main body of this Terms of Use bear the defined meaning in the whole of this Terms of Use;
  4. a right granted or reserved may be exercised from time to time;
  5. headings are for ease of reference only and shall not affect the interpretation of these Terms of Use; and
  6. any reference to a person shall include that person’s successors, representatives and permitted assigns.

 
These terms and conditions have become effective since 1st March, 2017.
 
Privacy Policy
 

  1. Personal Data (Privacy Ordinance)

Trifectah International Limited (“Trifectah”, “we”, “us” or “our”) respects your legal rights of privacy when collecting, storing, using and transmitting personal data. This Personal Data (Privacy) Policy (“Privacy Policy”) explains our privacy practices. It is our policy to comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) of the laws of the Hong Kong Special Administrative Region. In doing so, we will ensure compliance by our employees and agents with the strictest standard of security and confidentiality.
 

  1. Definitions

Words or terms used in this Privacy Policy which are not specifically defined herein have the same meaning given to them in the Terms of Use of 8attle Service.
 

  1. Information we collect from you

3.1 We collect your Username and email address when you register for a 8attle Account and/or other information in connection with the operation of 8attle Service. 3.2 We collect the information that you provide for your user profile on 8attle Service, including but not limited to your picture and phone number. We use such information to identify you on 8attle Service. 3.3 We collect Your Content. 3.4 We collect communications between you and us. We may send you emails related to our service provided to you through 8attle Service, including but not limited to account verification, changes/updates to features of our service, and technical and security notices. Please note that you may not opt out of such emails. We may also send you emails for marketing or promotion which you may opt out of. 3.5 We collect information from you in the following way when you try to find your friends on 8attle Service:

  1. You may use our “Search” feature to locate other people with 8attle Account either through (a) third-party social media sites; or (b) through a search of usernames on 8attle Service.
  2. If you choose to search your friends through (a) third-party social media site, then you will be prompted to set up a link to the third-party service and you understand that any information that such service may provide to us will be governed by this Privacy Policy.

iii. If you choose to search your friends through (b) searching username on 8attle Service, then simply type a name to search and we will perform a search on 8attle Service.
3.6 If you choose to invite someone to use 8attle Service through our “Invite Friends” feature, you may select one or more person(s) from your personal contact list on your device and send the selected person or each of the selected persons a text (SMS) message or other communication application message. You understand and agree that you are responsible for any charges that apply to such message(s) sent from your device. We do not have control over such message(s) since such message(s) are sent at your own choice. You undertake to us to ensure that the recipient(s) of such message(s) will not consider such message(s) unwanted or unsolicited. 3.7 We use third-party analytical tools to help us measure traffic and usage trends for 8attle Service. These tools collect information sent by your device or 8attle Service, including information that is related to your usage of 8attle Service, add-ons, and other information that assists us in improving 8attle Service. We collect and use such data with data from other users so that it is not practicable for the identity of an individual to be directly or indirectly ascertained. 3.8 When you access or use 8attle Service, we may use cookies and/or similar technologies such as pixels, web beacons and local storage to collect information about how you use 8attle Service and provide features to you. We may ask advertisers or other partners to service advertisements or services to your device, which may use cookies or similar technologies placed by us or the third-party. 3.9 Log file information is automatically reported by your browser each time you request to visit a webpage or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use 8attle Service, our servers automatically record certain log file information, including your web request, Internet Protocol (IP) address, browser type, referring/exit pages and URL’s, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our users which help us track which emails have been opened and which links have been clicked by recipients. The information allows for more accurate reporting and improvement of the 8attle Service. 3.10 Metadata is usually technical data that is associated with Your Content (e.g. metadata can describe how, when and by whom a piece of Your Content was collected and how that content is formatted). You can add or may have metadata added to Your Content including a hashtag (e.g. to mark keywords when you post content), comments or other data. This makes Your Content more searchable by others and more interactive within 8attle Service.
 

  1. Use of your Personal Data

4.1 We may use your Personal Data collected by us to send you communications, including but not limited to service announcements and administrative messages. These communications are considered part of our service to you through 8attle Service. 4.2 We may use your Personal Data collected by us to:-

  1. help you efficiently access your information after you sign in your 8attle Account;
  2. remember information so you will not need to re-enter it during your visit or the next time you visit 8attle Service;

iii. associate activities on the 8attle Service across different devices operated by the same user;

  1. provide personalized Content and information to you and other users, which could include online advertisements or other forms of marketing to provide, improve, test and monitor the effectiveness of 8attle Service;
  2. develop and test new products and features;
  3. monitor metrics such as total number of visitors, traffic, and demographic patterns and conduct data and system analysis;

vii. enhance the security and safety of the 8attle Service of you and the other users;
viii. diagnose or fix technology and/or infrastructure problems; and/or

  1. automatically update 8attle Service on your device.

4.3 8attle Service may run contests, special offers or other events or activities (“Events”) on 8attle Service. If you do not wish to participate in any Event, do not use the particular metadata (i.e. hashtag) associated with that particular Event.
 

  1. Security of the storage of your Personal Data

5.1 Your Personal Data may be stored and processed in Hong Kong or any other jurisdiction in which Trifectah, our Associated Company or Service Providers maintain facilities. Trifectah, our Associated Company, or Service Providers may transfer your Personal Data across borders and from Hong Kong to other jurisdictions around the world. 5.2 We will use reasonable commercial endeavors, including administrative and technical measures, to safeguard your Personal Data from unauthorized access, use, alteration, disclosure or destruction.
 

  1. Disclosure of your Personal Data to third parties

6.1 We will not rent or sell your Personal Data to any third-parties without your prior written consent, except as provided for in this Privacy Policy. 6.2 We may share Your Content and your Personal Data, including but not limited to information from cookies, log files, device identifiers, location data, and usage data, with businesses that are owned by Trifectah and/or our Associated Company. Trifectah and/or our Associated Company may use such information to help provide, understand, and improve the 8attle Service and our Associated Company’ own services. 6.3 We may also share your Personal Data as well as information from tools like cookies, log files and location data, with third-party entities that help us provide 8attle Service to you (“Service Providers”). Our Service Providers will be given access to your Personal Data as is reasonably necessary to provide the 8attle Service under reasonable confidentiality terms. 6.4 We may also share certain information such as cookie data with third-party advertising partners. Such information would allow third-party advertisement networks to deliver targeted advertisements that they believe will be of most interest to you. We may remove parts of such information that can identify you and share anonymized information with third-parties. We may also combine your data with other data in a way that the data is no longer associated with you when sharing the aggregated information. 6.5 Any Content that you voluntarily disclose for broadcast and/or posting on 8attle Service, becomes available to the public by default. Once you have broadcast or posted any Content, such Content can be shared by other users, and any Content you broadcast or posted is searchable by other users and subject to use under our 8attle Service application programming interface (API). 6.6 When you watch others’ broadcasts on 8attle Service, any comment or like you make on the broadcasts is public. Any gift you give to other users for their broadcasts is also public. 6.7 Your Personal Data in your user profile on 8attle Service is publicly available. Such Personal Data includes your username, biography information, profile picture, the people you follow and who follows you. 6.8 If we sell or otherwise transfer part of or the whole of 8attle Service or our assets, your Personal Data may be among the items to be sold or transferred. However, you will continue to own your User Content. We will continue to ensure the confidentiality of your Personal Data. 6.9 We may access, preserve and share your Personal Data in response to a legal request if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of Hong Kong where we have a good faith belief that the response is required by law in that jurisdiction and is consistent with internationally recognized standards. We may also access, preserve and share your Personal Data when we have a good faith belief if it is necessary to detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Personal Data we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
 

  1. Your right to access and correction of your Personal Data

You may change or update your Personal Data at any time by logging in 8attle Service and changing your profile settings. Back-up copies of the changed or superseded data will be retained by us for a commercially reasonable period.
 
 

  1. Retention of your personal data

Following termination or deactivation of your 8attle Account, Trifectah, our Associated Company, or our Service Providers may retain your Personal Data and Your Content for a commercially reasonable time for backup, archival, and/or audit purposes.
 

  1. Other websites and services

We are not responsible for the practices (including, in particular, the privacy policy) employed by any websites or services linked to or from 8attle Service, including the information or content contained within them. When you tap on a link and are directed away from 8attle Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those with a link on 8attle Service, are subject to that third-party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your Personal Data and/or Your Content. If you are using a third-party website or service and allow them to access your Personal Data and/or Your Content, you agree that you are doing so at your own risk and that we will not be liable for any issue or loss hereafter.
 

  1. How to contact us about a deceased user

In the event of the death of a 8attle Service user, please contact us via email. Should we require any other information, we will contact you at the email address you provide in your request.
 

  1. How to contact us

 
If you have any enquiry about this Privacy Policy, please contact us via email.
 

  1. Changes to our Privacy Policy

 
8attle Service may modify or update this Privacy Policy from time to time, so please review it regularly. Your continued use of 8attle Service after any modification to this Privacy Policy will constitute your acceptance of such modification.
 

  1. General Provisions

To assist you in understanding these Terms of Use, unless the context otherwise requires, these Terms of Use should be interpreted using the following rules:

  1. words importing one gender include the other genders;
  2. words importing the singular shall include the plural and vice versa;
  3. expressions defined in the main body of this Terms of Use bear the defined meaning in the whole of this Terms of Use;
  4. a right granted or reserved may be exercised from time to time;
  5. headings are for ease of reference only and shall not affect the interpretation of these Terms of Use; and
  6. any reference to a person shall include that person’s successors, representatives and permitted assigns.