TERMS AND CONDITIONS
Last updated on: May 25, 2020
Please read the terms and conditions of this User Agreement (as defined herein) carefully before accessing to and/or using the Service (as defined herein). These terms and conditions are only available in the English language. By accessing to, continuing to access to, using and/or continuing to use the Service irrespective of the delivery platform or device you use to access it, you agree to abide by the terms and conditions of this User Agreement. If you do not agree with the terms and conditions of this User Agreement, you agree to not access or use any of the Service.
1. DEFINITIONS
The following definitions should apply in this User Agreement unless otherwise stated.
“Computer” means your computer, notebook, personal digital assistant, tablet, mobile phone, smartphone, television and/or other electronic device now known or later developed used to access to and/or use the Service.
“Content” means all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, charts, maps, messages, blogs, ideas, comments, suggestions, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.
“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.
“jumpstartmag.com Website” means the Jumpstart Magazine website at www.jumpstartmag.com.
“Service” means the online information and communication service which is available for viewing or otherwise by accessing the Content on the jumpstartmag.com Website and/or through its mobile websites, applications, newsletters, where applicable, including each website, mobile site, application, email/text/SMS campaign, event, and/or other activity, offering, or publication (regardless of how distributed, transmitted, published, or broadcast) provided by us that links to, or references, this document, including without limitation all Content, features and functionality thereof, such as widgets, plug-ins, and embeddable players, subject to the terms and conditions of this User Agreement.
“Third Party Content” means products and services of third parties which are and/or have been advertised or presented on the Service.
“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the Service.
“User Agreement” means this jumpstartmag.com online service agreement setting out the terms and conditions of a legally binding agreement between you and Jumpstart Media Limited and governing your access to, continuance of access to, use of and/or continuance of use of the Service.
“We”, “Us” “Our” and “Jumpstart”, whether capitalized or not, means Jumpstart Media Limited, a Hong Kong limited liability company, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns.
“Your Content” means all the Content that you have made available or presented on the Service.
2. USAGE
2.1 By accessing to, continuing to access to, using and/or continuing to use the Service, you agree to be bound by all the terms and conditions of this User Agreement throughout the access to and/or use of the same.
2.2 Jumpstart reserves the right to modify any terms and conditions of this User Agreement and/or any features of the Service from time to time. Such modification shall be effective and replace any previous terms and conditions of this User Agreement and/or any previous features of the Service immediately upon posting of the modified User Agreement and/or features of the Service without notifying you.
2.3 Jumpstart reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of the Service and/or the jumpstartmag.com Website from time to time. Jumpstart further reserves the right to discontinue all or part of the Service from time to time without notifying you.
2.4 You agree to review this User Agreement periodically to ensure that you are aware of any modifications. Your continued access to and/or use of the Service shall be deemed your conclusive acceptance of the modified User Agreement.
2.5 Jumpstart may also impose limits on certain features and services in respect of the Service.
2.6 You represent that you have read and agree to be bound by Jumpstart’s Privacy Policy at [www.jumpstartmag.com/privacy-policy/].
3. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
3.1 Your Content
3.1.1 You retain the intellectual property rights that you may or should have in Your Content.
3.1.2 By posting Your Content on the Service, you automatically grant Jumpstart a perpetual, irrevocable, non-exclusive, royalty-free, worldwide and sub-licensable right and licence to: (i) use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or in part), its edited, adapted, translated versions and/or such derivative works; and/or (ii) incorporate the same in other works in any forms, media or technologies now known or later developed.
3.1.3 In respect of the right and licence as referred to in Clause 3.1.2 of this User Agreement, you represent and warrant that:
(a) you are the sole owner of Your Content and have the full legal right and authority to grant such right and licence;
(b) all of Your Content are your original works and creations and shall not infringe the intellectual property and/or related rights of any third parties including copyrights, trademarks or other personal or proprietary rights or contravene or violate any applicable laws or regulations; and
(c) all of your Content will not contain libelous, defamatory or otherwise unlawful material.
3.2 Jumpstart Content
3.2.1 All intellectual property rights in the Jumpstart Content, including but not limited to the copyright in the compilation of all Content on the Service, shall remain with Jumpstart. All Content on the jumpstartmag.com Website and/or on e-mails distributed to you from Jumpstart and the selection and arrangement of such Content is the exclusive property of Jumpstart or its licensors and is protected by international copyright laws and treaty provisions. All rights not expressly granted are reserved. Any unauthorized use of any Content may constitute a violation of copyright, trademark, and other laws governing the Content.
3.2.2 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Jumpstart Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Jumpstart Content available on the Service unless otherwise permitted in advance by Jumpstart in writing.
3.2.3 You shall not assist or facilitate any third party to make use of any Jumpstart Content in any manner that constitutes any infringement of Jumpstart’s intellectual property and/or related rights, including but not limited to “framing”, downloading or establishing unauthorised link(s) to any part of the Content on your or any third party’s website(s) or platform(s).
3.2.4 The domain name(s) on which the Service is/are hosted is/are the sole property of Jumpstart. You shall not use or otherwise adopt the same or similar name(s) for your own use or for any third party’s use.
3.2.5 The trademarks, logos, service marks and other marks of Jumpstart (“Jumpstart Marks”) displayed on the Service are the sole property of Jumpstart. You are not permitted to use any Jumpstart Marks without the prior written approval of Jumpstart.
3.3 Third Party Content
3.3.1 The trademarks, logos, service marks and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).
3.3.2 In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such third party(ies) without the prior written approval of such relevant third party(ies).
3.3.3 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Third Party Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Third Party Content available on the Service unless otherwise permitted in advance by such relevant third party(ies) in writing.
4. ONLINE COMMENTS
4.1 Comments/Suggestions and Language
4.1.1 Types of Comments/Suggestions Not Allowed
You hereby agree and undertake not to make the following comments/suggestions on the jumpstartmag.com website including but not limited to:
(a) Defamatory, insulting, obscene, racist, sexist and homophobic comments/suggestions.
(b) Speech, attacks and remarks which appear to be threatening, abusive, offensive or arousing hatred or discrimination;
(c) Impersonations, illegal comments/suggestions or comments/suggestions which violate or encourage the violation of any laws or the propriety(ies) or other right(s) of any third party(ies).
In this regard, Jumpstart has the sole and full discretion and its determination shall be final.
4.1.2 Types of Language Not Allowed
You also agree and undertake not to make any comments/suggestions on the jumpstartmag.com Website which consist of vulgar, profane, crude, violent or hostile language or swearing. In this regard, Jumpstart has the sole and full discretion and its determination shall be final.
4.2 Proper Use
4.2.1 No Commercial Use or Investigation
You must not use the jumpstartmag.com Website for:
(a) the promotion of any products or services or for any other commercial purposes;
(b) any sponsorship, petition, campaign or chain message;
(c) an investigation, e.g. tracing the whereabouts of a person.
In this regard, Jumpstart has the sole and full discretion and its determination shall be final.
4.3 Moderation
4.3.1 Right to Moderate
Jumpstart reserves the right to moderate any comments, suggestions and other information which have been posted or made available on the jumpstartmag.com Website. In this regard, Jumpstart has the sole and full discretion and its determination shall be final.
4.3.2 Reasons for Moderation
By moderating the submissions made to the jumpstartmag.com Website, Jumpstart creates a space where different perspectives and well-informed opinions can be exchanged in a respectful and civilised manner.
4.3.3 Editing and Removal of Content
Jumpstart reserves the right to edit or remove part or all of the Content and/or any other information on the jumpstartmag.com Website which violate(s) the terms and conditions of this User Agreement or which, in the sole opinion of Jumpstart, appear(s) to be inappropriate for display on the jumpstartmag.com Website. In this regard, Jumpstart has the sole and full discretion and its determination shall be final.
5. PRIVACY OF PERSONAL DATA
All information received by Jumpstart from your use of the Service will be used by Jumpstart in accordance with its Privacy Policy. Please read Jumpstart’s Privacy Policy at [www.jumpstartmag.com/privacy-policy] for details of how Jumpstart may process your personal data.
You agree, represent, warrant, and guarantee that all personal data provided by you is true, accurate, complete, up-to-date, and solely yours. You must not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the jumpstartmag.com Website. If any of your personal data changes, you must update it promptly by using the mechanism or contact information if available on the jumpstartmag.com Website that allows you to change or update your personal data. Jumpstart shall have no liability for loss or damages including your failure to receive critical information, associated with or arising from your failure to maintain accurate, complete or up-to-date personal data. Jumpstart shall not be responsible for verifying your personal data.
6. DISCLAIMER OF WARRANTIES
6.1 Service and Computer
Jumpstart makes no representation or warranty that:
(a) the access to, use of and functioning of the Service and the availability of any Content on the same will be timely, uninterrupted, without error or omission; and free of viruses or other harmful components;
and
(b) the view of any Content in or with any Computer will not affect the functionality or performance of the Computer.
6.2 Content
Jumpstart makes no representation or warranty regarding the view of or the results of the view of any Content on the Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
6.3 Third Party Content
Jumpstart makes no representation or warranty regarding the view of or the results of the view of any Third Party Content on the Service, the jumpstartmag.com Website or websites linked from the jumpstartmag.com Website in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
The jumpstartmag.com Website may include links to other websites including third party links. These links are provided for your convenience to provide further information. They do not signify that Jumpstart endorses the website(s). Jumpstart shall have no responsibility for the content of the linked website(s). Jumpstart reserves the right, at its sole discretion, to terminate any link or linking program at any time and for any reason it deems appropriate. If you decide to access any of the third party sites linked to the jumpstartmag.com Website, you do this entirely at your own risk.
Jumpstart may include affiliated links in its articles, wherein Jumpstart is paid based on certain metrics including but not limited to (1) clicks and (2) successful purchases.
6.4 Jumpstart Content
Jumpstart makes every effort to ensure that all Jumpstart Content on the Service is accurate and complete to the best of Jumpstart’s knowledge. However, Jumpstart provides the Jumpstart Content for informative purposes and on an ‘as is” basis only. Jumpstart disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.
6.5 Professional or Expert Advice
The data, information and/or any Content made available on the Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice. You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the Service as necessary.
6.6 Third Party Products
You acknowledge and agree that Jumpstart does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the Service, the jumpstartmag.com Website or websites linked from the jumpstartmag.com Website.
6.7 View of Information on the jumpstartmag.com Website
You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from Jumpstart, other readers, other users, third parties and advertisers on the Service and the jumpstartmag.com Website should be viewed and relied upon only with care and discretion and at your own risk. Jumpstart shall not be responsible for any loss or liability incurred by you arising from such view or reliance.
7. LIMITATIONS OF LIABILITY
7.1 In no event shall Jumpstart be liable to you or you shall hold Jumpstart liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the access to or use of, or inability to access to or use of, the Service, and/or caused by the view of, or inability to view of, the Content, Your Content, Jumpstart Content, Third Party Content and/or the jumpstartmag.com Website.
7.2 Your Content
You acknowledge and agree that: (i) you shall be solely and fully responsible for Your Content and any related consequences including but not limited to any third party claims arising from or in connection with the same; and (ii) Jumpstart shall not be liable in any manner.
7.3 Third Party Content
Jumpstart shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.
7.4 Force Majeure
Jumpstart shall not be liable for any failure or delay in performance of its obligations under this User Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, government restrictions, strikes, wars, network failures or telecommunications failures.
7.5 Under no circumstance shall Jumpstart be liable for any indirect, special, consequential or incidental damages arising or resulting from the access to or use of, or inability to access to or use of, the Service, or the view of, or inability to view of, Content, Your Content, Jumpstart Content, Third Party Content and/or the jumpstartmag.com Website.
8. ACCESS TO AND AVAILABILITY OF SERVICE AND LINKS
The Service contains links to other related world wide web internet sites, resources, and sponsors of Jumpstart. Since Jumpstart is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external links to the site administrators or webmasters of such sites.
9. HACKING, DISRUPTION AND IMPAIRMENT
You hereby undertake not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the Service including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing and session hacking.
10. SECURITY
10.1 You shall notify Jumpstart’s Customer Service at info@jumpstartmag.com of any known or suspected unauthorised access(es) to and/or use(s) of your jumpstartmag.com website Account and/or the Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your jumpstartmag.com website Account password, and/or unauthorised access(es) to and/or use(s) of your jumpstartmag.com website Account.
10.2 You are responsible for all accesses to, usages of or activities on your use of the umpstartmag.com Service. Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your access to and/or use of the Service, at Jumpstart’s sole discretion, and Jumpstart may refer you to appropriate law enforcement agencies.
11. COMMUNICATIONS BETWEEN JUMPSTART AND READERS
11.1 You agree that Jumpstart may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the Service and other matters relating to your access to and/or use of the Service.
11.2 Jumpstart reserves the right to gather and use information about your access(es), usage(s) and demographics, and agree to maintain your data privacy, in accordance with Jumpstart’s Privacy Policy, the Personal Data (Privacy) Ordinance, and all relevant applicable data protection and privacy laws and regulations in force from time to time. For more information please read the Jumpstart’s Privacy Policy at [www.jumpstartmag.com/privacy-policy].
12. SOFTWARE LICENCES
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access to and/or use the Service (“Access Software”). You may not sub-license, assign or transfer any licenses granted by Jumpstart, and any attempt at such sub-license, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, use, or create derivative works from the Access Software.
13. TERMINATION OF JUMPSTART.COM SERVICE
13.1 Jumpstart may (i) deactivate or suspend the Service or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your access to and/or use of any of the Service with or without notice to you if Jumpstart is of the sole opinion that such action is appropriate as a result of your access to and/or use of the Service; (iii) take any steps or omit to take any steps, with or without notice to you, for any reason Jumpstart deems relevant to the management or the operation of any of the Service and Jumpstart’s business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the Service or any part thereof.
13.2 Jumpstart may, upon discovery of any suspected or actual, fraudulent, deceptive, unlawful or improper use of the Service by you, suspend your access to and/or use of any or all of the Service temporarily or permanently.
13.3 This User Agreement may be terminated by Jumpstart for any reason at any time.
13.4 Termination under the provisions of this User Agreement shall not affect Jumpstart’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in this User Agreement which is expressly or by implication intended to come into or continue in force on or after such termination. All remaining benefits (whether monetary or non-monetary) that you may enjoy under this User Agreement as at the date of termination shall be forfeited absolutely.
14. LEGAL AND REGULATORY COMPLIANCE OBLIGATIONS
You acknowledge that Jumpstart may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be in breach of any of the terms and conditions of this User Agreement. In this connection, you agree not to hold Jumpstart liable or responsible.
15. WRITTEN EVIDENCE
15.1 You hereby agree that all records of Jumpstart relating to the Service, to your access to and/or use of the Service, to your view of any Content on the jumpstartmag.com Website, and/or to the terms and conditions of this User Agreement (collectively the “Records”), which despite being in electronic or digital form, are deemed to be written and original documents.
15.2 You shall not dispute or challenge the validity, enforceability or admissibility of any Records on the grounds that it/they is/are not a written or original document(s), is/are in electronic or digital form, or was/were produced by or is/are the output of a Computer; and you hereby waive any such right you may have under law.
16. INDEMNITY
You agree to indemnify Jumpstart and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against Jumpstart and its employees, officers, agents, contractors, readers and users arising from or in connection with:
(a) your connection to the jumpstartmag.com Website;
(b) your access to and/or use of the Service and/or your posting of any Content on the Service;
(c) your breach of any of the terms and conditions of this User Agreement, including but not limited to any representations and warranties given by you;
(d) your contravention of any applicable laws or regulations; and/or
(e) your violation of the rights of any person(s) and/or entity(ies).
17. GENERAL
17.1 Jumpstart shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in this User Agreement to any third party at its sole and absolute discretion.
17.2 No failure on the part of Jumpstart in exercising any right, power or privilege and no course of dealing between you and Jumpstart shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege under this User Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
17.3If any term or provision of this User Agreement is not applicable or held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent permissible be deemed not to form part of this User Agreement, but the validity and enforceability of the remainder of this User Agreement shall not be affected.
17.4 Jumpstart and you expressly agree and acknowledge that the terms and conditions of this User Agreement shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to this User Agreement.
17.5 This User Agreement shall be governed by and construed in accordance with the laws of Hong Kong. You agree that any action arising under this User Agreement shall be submitted to the non-exclusive jurisdiction of Hong Kong courts.
17.6 For enquiries, please contact Jumpstart at info@jumpstartmag.com.