TERMS AND CONDITIONS

/TERMS AND CONDITIONS
TERMS AND CONDITIONS 2017-10-21T11:28:11+00:00
Updated October 17, 2017.

 

Services provided by PARKLU through the Site therein shall be available to Brands or other users such as Influencers. Access to and use of the contents and services provided on the Site shall be subject to the term and conditions which are set out below ( “Terms and Conditions” )  and the privacy statement ( “Privacy Statement” ) . For further details about PARKLU’s Privacy Statement, please click on this link.

If you do not accept either or both of the Terms and Conditions and/or the Privacy Statement, please do not join, access, view, download or otherwise use any services offered by PARKLU via the Site. By your continued use of the Site, you acknowledge that you have read and understood the Terms and Conditions and the Privacy Statement and that you agree to be bound by all of its provisions. PARKLU reserves the right to amend, add to, delete or revise the Privacy Statement and the Terms and Conditions at any time without prior notice. You are advised to periodically review the Privacy Statement and the Terms and Conditions. Your access to the Site and PARKLU’s services will be terminated upon your notice to PARKLU that any change is unacceptable; otherwise your continued use shall constitute your acceptance of all changes and they shall be binding upon you.

1. Definitions

a) In these Terms and Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:

Brand” means user who posts a content collaboration or promotes any content services related activities via the Site.

PARKLU” means Park Lu Limited and its affiliates Park Lu Consulting ( Shanghai ) Limited.

Influencers” means users seeking content collaborations.

Site” means any website, portal or mobile application owned and operated by PARKLU and its affiliates/subsidiaries.

b) The terms “you”, “user” and “users” herein refer to all individuals and/or entities accessing and/or using the Site at any time for any reason or purpose.

2. Acceptable Site Uses

The Site is a platform where Brands and Influencers can identify each other for collaborations. PARKLU provides Site services to Brands and Influencers, including hosting and maintaining the Site, enabling the formation of collaborations between Brands and Influencers, and managing disputes related to those collaborations. When a Brand and Influencer enter a collaboration, they use the Site to engage, communicate, and pay online.

a) Specific Uses – Influencers

i. Influencer agrees that he/she shall only use the Site for lawful purposes and seeking collaborations.

ii. Influencer agrees to keep his/her login name and password with care and not to disclose them to any other person. Influencer is solely responsible for maintaining the confidentiality, safekeeping and security of such login name and password and shall notify PARKLU immediately of any unauthorized use of the same.

iii. By submitting, uploading or posting his/her profile on the Site, Influencer authorizes PARKLU to store his/her information or data related thereto in the database of PARKLU ( “Database”  )  . PARKLU also reserves the right to reject, disapprove or edit any part of the Influencer’s profile and the related information or data as it sees appropriate and to erase any personal data which PARKLU reasonably believes that such data are inaccurate, false, illegal, unlawful, infringe copyright / trademark / trade name / trade secret or infringe any other intellectual property rights or invade the privacy of the other having regard to the purpose ( including any directly related purpose )  for which the data are or are to be used.

iv. PARKLU will not release Influencer’s personal data to any Brand without his/her permission unless required by any authorized institution or obliged under the prevailing laws and regulations.

v. Although PARKLU shall use its reasonable endeavors to restrict access to the Database only to the Brands and personnel of PARKLU, it does not guarantee that other parties will not, without PARKLU’s consent, gain access to the Database. PARKLU will not be responsible or held liable in any way if any Brand or other user, in breach of the Terms and Conditions, whether in Hong Kong or elsewhere, uses the Influencer’s personal data, information or materials for any purpose other than for collaborations. Influencer accepts that all personal data, information or materials given to Brand or other users, or submitted on or through the Site, are given entirely at his/her own risk.

b). Specific Uses – Brands

i. Brand agrees that it shall only use the Site for lawful purposes and promoting collaborations.

ii. Upon payment of the service fee to PARKLU or upon acceptance of any free trial promotion offer, Brand will be entitled to use the Site to advertise collaboration opportunities. Subject to the conditions or requirements from time to time stipulated by PARKLU regarding the access to Influencers’ information or data, Brand will be entitled to access the Database but agrees that all information or data obtained as a result of such access shall only be used for the sole purpose of engaging and assessing the suitability of Influencers and that such information or data shall not be disclosed to any other parties.

iii. Brand shall be solely responsible for the contents of and materials contained in its collaborations on the Site. PARKLU reserves the right to remove or edit, or require the removal or amendment of, any content as it sees appropriate, or to terminate or suspend the Brand’s access and use of the Site and/or services offered on or through the Site, in accordance with the agreement for such services between Brand and PARKLU.

iv. PARKLU shall have the right to terminate any services offered to any Brand and to remove any collaboration posted on the Site at PARKLU’s sole discretion, without any compensation or recourse to Brand in the event that the relevant Brand or the contents of the relevant collaboration is or are in breach of any of the provisions herein or any of the provisions in the TERMS AND CONDITIONS OF SALE.

v. PARKLU also reserves the right to change the service fee or institute new charges or fees, from time to time, as it deems appropriate. In the event that any Brand fails to pay the service fee or any other fees or charges due to PARKLU, PARKLU reserves the right to suspend or terminate the Brand’s right to access the Database, without prejudice to all other rights and remedies available to PARKLU.

3. Prohibited Uses – Users

Users agree that:

a) All users shall not use the Site in any manner that infringes the intellectual property rights or proprietary rights of others.

b) All users shall not print, download, duplicate, transmit or otherwise copy, reproduce, re-distribute, republish or use any personally identifiable information about other users.

c) All users shall not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Site

i. in violation of any applicable laws or regulations;

ii. in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights or proprietary rights of others or violate the privacy or publicity or other personal rights of others;

iii. that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful, racist, blasphemous, false, illegal, improper or is otherwise offensive or objectionable;

iv. in the manner that causes unrest in politics, religion, national security or stability of PARKLU; or

v. that contains viruses, trojan horses, worms, corrupted files or other materials that may interrupt, damage or limit the functionality and operation of the Site, the services offered on the Site, or of any computer software or hardware or telecommunication equipment.

d) All users are prohibited in using screen scraping, data mining, robots or similar data gathering and extraction tools on the Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with our prior written consent.

4. Intellectual Property Rights

All contents of the Site, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Site  ( collectively “Contents” )  are the intellectual property of PARKLU or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store ( in any medium ) , display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part. PARKLU reserves all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms and Conditions. For the avoidance of doubt, any purported consent of any third parties ( including Brands )  to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder in whatsoever manner.

5. Responsibility

PARKLU reserves the right to monitor the Site and its contents at any time, but is not obliged to do so. PARKLU takes no responsibility whatsoever for any material on the Site that is not posted by PARKLU or is otherwise posted by PARKLU on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any information, data, and/or material submitted by them to PARKLU or that is otherwise posted by them on or through the Site. PARKLU does not warrant that any information, data, or web page will be viewed by any specific number of users or that it will be viewed by any specific user or result in successful engagement of Influencers. PARKLU shall not in any way be considered an agent of either Brand or Influencer with respect to any use of the Site. PARKLU shall not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting collaborations on the Site, or of any party responding to or posting collaborations on the Site. WHILST PARKLU HAS ENDEAVORED TO PROVIDE A QUALITY SERVICE TO BRANDS AND INFLUENCERS, IT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF USE OF THE SITE OR ITS CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BY ANY USER, PARKLU SHALL NOT BE RESPONSIBLE FOR THOSE COSTS AND ANY LOSS OR DAMAGE OF WHATEVER NATURE. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PARKLU DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY WARRANTIES IN RESPECT OF MERCHANTABILITY, AVAILABILITY OF FEATURED PRODUCTS OR SERVICES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR OTHER QUALITIES OF THE SITE AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED THEREIN. USERS SHOULD INDEPENDENTLY ASSESS AND VERIFY THE ACCURACY, COMPLETENESS AND RELIABILITY OF THE INFORMATION ON THE SITE AND TO SEEK PROFESSIONAL ADVICE WHERE NECESSARY.

6. Own Risk

ALL USERS USE THE SITE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Site. PARKLU does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users. Any reliance by users on any material posted by other users shall be at their own risk. PARKLU reserves the right to expel any users and prevent their further access to the Site at any time for breaching the Terms and Conditions or violating the laws and regulations and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at PARKLU’s sole discretion without notice and/or consent whatsoever.

7. Indemnity

All users agree to indemnify, and hold harmless PARKLU and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses ( including legal fees and litigation expenses on a full indemnity basis )  arising from or relating to their use of the Site or its contents or their breach of the Terms and Conditions, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under the Terms and Conditions, and shall not prejudice any other rights or remedies available at law to PARKLU.

8. Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARKLU AND ITS ASSOCIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THEIR USE OF OR INABILITY TO USE THE SITE AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN SUCH CONTENTS, OR ANY DELETION, INCORRECT OR DELAYED TRANSMISSION OR LOSS OF ANY CONTENTS OR MATERIALS UPLOADED OR TRANSMITTED THROUGH THE SITE.

9. Dealing with Other UsersNotwithstanding

PARKLU uses its best endeavors to provide impartial collaboration services, and represents a media supporting information exchanged between Brands and Influencers, PARKLU will not be involved in dealings or disputes between Influencer and Brand and PARKLU shall not be responsible or held liable for the quality, security and legitimacy of the engagement service. PARKLU does not warrant or guarantee the accuracy of the information and/or the profile provided by Influencer or of the collaboration opportunities provided by Brand. PARKLU does not guarantee that Brand will be able to pay the relevant remuneration or that Influencer will be competent to complete the collaboration offered by the Brand. Should any dispute arise between Brand and Influencer, Brand and Influencer should resolve such disputes between themselves and PARKLU shall not be responsible and held liable for any disputes thereof.

10. Limitation of Liability

Without prejudice to the above and subject to the applicable laws, the aggregate liability of PARKLU to any user for all claims arising from or relating to his/her use of PARKLU’s services and the Site shall be limited to the fees received by PARKLU in respect of the services giving rise to such claims.

11. Termination

In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, PARKLU shall instantly abrogate the user’s account and membership without notice and reserves the right to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user. PARKLU reserves the right at any time to immediately terminate or suspend any user’s account or access to the Site without notice, where PARKLU is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulation, and to take further action as PARKLU in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. PARKLU shall have the sole and absolute discretion to decide whether the user, Influencer or Brand has breached any of the Terms and Conditions, and such decision shall be final. In case PARKLU has not exercised the right under this Clause, it shall not be deemed to be a waiver.

12. Modification to Access or Site

PARKLU reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict:

a) users’ access to, either temporarily or permanently, the Site ( or any part thereof ) ; or

b) the whole or any portion of this Site ( and the services provided therein ) , with or without notice. PARKLU shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.

13. Security Measures

PARKLU will use its reasonable endeavors to ensure that its officers, directors, employees, agents and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Influencer and that access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis. PARKLU will use its reasonable endeavors to protect Influencers’ personal data against any unauthorized or accidental access, processing or erasure of the personal data.

14. Governing Law and Jurisdiction

The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China ( “Hong Kong” ) .
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:

a) The appointing authority shall be Hong Kong International Arbitration Centre ( “HKIAC” ) .

b) The place of arbitration shall be in Hong Kong at HKIAC.

c) There shall be only one arbitrator.

d) The language to be used in the arbitral proceedings shall be English.

In the event of any breach of the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.

15. Force Majeure

Without prejudice to the provisions of these Terms and Conditions limiting or disclaiming liability, PARKLU is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts and non-performance of third parties.

16. Entire Agreement

The Terms and Conditions shall constitute the entire agreement between user and PARKLU relating to his/her/its use of the Site, and shall replace and supersede all other communications ( be it written or oral ) , discussions, letters and contracts relating to the subject matters hereof.

17. Severability

The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event that any provision or any part of a provision of the Terms and Conditions is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.

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