(1)“GoYeah"means the features and services as making available by Go Yeah Limited, including through (a) its website at www.goyeah.com (the “Website”) and any other GoYeah branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) Services; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed;
(2)“User(s)” means anyone who has registered with or accessed to GoYeah and/or Services;
(3)"Services" means a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve Contents from GoYeah or provide Contents to GoYeah.
(4)"Personal Information" means facts, information User provides to GoYeah or actions take while exploiting the Services;
(5)"Elements" means anything User Uploads or share on the Website other than Personal Information including without limitation link of a website;
(6)"Contents" means Elements and Personal Information that third parties can retrieve from GoYeah or provide to GoYeah through the Services.
(7)"Upload" means Contents uploaded to the Website or otherwise make available to GoYeah (such as by using a Function).
(8)"Function" means any Function or website (including Connect sites) that uses or accesses Services, as well as anything else that receives Contents.
Users must provide their real names (should be identical to the name on their Hong Kong Identity Card or the equivalent identification document in other jurisdictions for online shopping) and Personal Information, and GoYeah needs Users’ help to keep it that way. Here are some commitments Users make to GoYeah relating to registering and maintaining the security of their account:
(1)Users shall not provide any false Personal Information on GoYeah, or create an account for anyone other than themselves without permission.
(2)Users shall not use their personal profile for their own commercial gain (such as selling their status update to an advertiser).
(3)Users shall keep their Personal Information true, accurate, not otherwise misleading, complete and up-to-date.
(4)Users shall not share their password, let anyone else access their account, or do anything else that might jeopardize the security of their account.
(5)Users shall not transfer their account to anyone.
(6)If Users select a username for their account, GoYeah reserves the right to remove or reclaim it if GoYeah believes appropriate (such as when a trade mark owner complains about a username that does not closely relate to a Users’ actual name).
(7)If User does not fully comply with Nos. 1-6 under the heading “Registration and Account Security”, GoYeah reserves the right to suspend or terminate User’s account and refuse any and all current or future use of GoYeah.
GoYeah endeavors to keep GoYeah safe, but GoYeah cannot guarantee it. GoYeah needs Users’ help to do that, which includes the following commitments:
(1)Users shall not send, share, embed or otherwise Uploads any unauthorized commercial communications (such as spam) on GoYeah.
(2)Users shall not collect Elements or Personal Information, or otherwise access GoYeah, using automated means (such as harvesting bots, robots, spiders, or scrapers) without GoYeah’s written permission.
(3)Users shall not engage in unlawful multi-level marketing, such as a pyramid schemes, on GoYeah.
(4)Users shall not upload viruses or other malicious code.
(5)Users shall not solicit login Personal Information or access an account belonging to someone else.
(6)Users shall not bully, intimidate, or harass any user.
(7)Users shall not Upload or share or embed Elements that are hateful, threatening, pornographic, immoral, racist, derogatory, or that contains excessive nudity or graphic or gratuitous violence.
(8)Users shall not develop or operate a third party Function containing, or advertise or otherwise market alcohol-related or other mature Elements without appropriate age-based restrictions.
(9)Users shall not offer any contest, giveaway, or sweepstakes on GoYeah without GoYeah’s prior written consent.
(10)Users shall not use GoYeah to do anything unlawful, misleading, malicious, or discriminatory.
(11)Users shall not do anything that could disable, overburden, or impair the proper working of GoYeah, such as a denial of service attack.
(12)Users shall not facilitate or encourage any violations of any terms of this Agreement.
(13)Users acknowledge and accept all responsibility for any loss, damage, or other consequence resulting directly or indirectly from the use of the files obtained from or through the Website. Users should install and maintain their own anti-virus program and/or other security precautions.
GoYeah may provide links to other worldwide websites or resources that are maintained by third parties over which GoYeah has no control. Such linking does not mean there is any business connection with or any of the association, arrangement, endorsement or sponsorship with the operators or owners of such websites. Users acknowledge and agree that GoYeah is not responsible for the availability of such external sites or resources and is not responsible for nor controls any content or other materials on or available from such sites or resources nor is GoYeah responsible for reviewing of such websites.
Users own all of the Elements and Personal Information they upload, share or embed on GoYeah, and Users can control how it is uploaded, shared and embedded through their privacy and Function settings. In addition:
(1)For Elements that is covered by intellectual property rights, including without limitation to photos, videos and songs ("IP Elements"), Users specifically give GoYeah the following permission, subject to Users’ privacy and Function settings: Users grant GoYeah a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Elements that Users upload on or in connection with GoYeah ("IP License"). This IP License ends when Users delete their IP Elements or Users’ account unless their Elements have been shared with others, and they have not deleted it.
(2)When Users delete IP Elements, it is deleted in a manner similar to emptying the recycle bin on a computer. However, Users understand that removed Elements may persist in backup copies for a reasonable period of time (but will not be available to others).
(3)When Users add a Function and use Services, Users’ Elements and Personal Information is shared with the Function. GoYeah requires Functions to respect Users’ privacy settings, but Users’ agreement with that Function will control how the Function can use the Elements and Personal Information Users share.
(4)When Users publish Elements or Personal Information using the "everyone" setting, it means that everyone, including people not registered with GoYeah, will have access to that Personal Information and GoYeah may not have control over what they do with it.
(5)GoYeah appreciates Users’ feedback or other suggestions about GoYeah, but Users understand that GoYeah may use Users’ feedback or other suggestions about GoYeah without any obligation to compensate Users for them.
GoYeah respects third party’s rights, and expects Users to do the same.
(1)Users shall not Upload, share or embed Elements or take any action on GoYeah that infringes or violates any third party's rights or otherwise violates the law.
(2)GoYeah can remove in its absolute discretion any Elements or Personal Information Users Upload, share or embed on the Website if GoYeah believes that it violates the terms or spirit of this Agreement.
(3)Anytime GoYeah becomes aware that any Elements Users Upload, share or embed on the Website infringes the copyright or any other intellectual property right of a third party, GoYeah will remove it from the Website. If copyright owner believe that any Elements Users Upload, share or embed on the website infringes the owner’s copyright, please inform GoYeah and GoYeah will remove such Elements from the Website. Before GoYeah take the removal action, GoYeah reserves the right to request for the proof of copyright ownership of such Elements. GoYeah also reserves the right to request the copyright owner to remove the source or seed of such Elements.
(4)If Users repeatedly infringe third party's intellectual property rights, GoYeah will disable that Users’ account when appropriate without prior notice.
(5)Users will not use GoYeah’s copyrights or trade marks (including GoYeah, and GoYeah Logo), and/or any confusingly similar marks, without GoYeah’s written permission.
(7)Users shall not Upload, share or embed anyone's identification documents or sensitive financial information on GoYeah.
(8)GoYeah can make changes to these terms and conditions for any reason without notice.
If Users violate the letter or spirit of this Agreement, or otherwise create possible legal exposure for GoYeah, GoYeah can stop providing all or part of GoYeah to the Users.
(1)Users will resolve any claim, cause of action or dispute ("Claim") Users have with GoYeah arising out of or relating to this Agreement or GoYeah exclusively in a court located in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). This Agreement, as well as any Claim that might arise between Users and Go Yeah, shall be governed by and construed in all respects in accordance with the laws of Hong Kong and subject to the exclusive jurisdiction of the courts of Hong Kong.
(2)If anyone brings a Claim against GoYeah related to Users’ actions, Elements or Personal Information on GoYeah, Users shall fully indemnify and hold GoYeah harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such Claim.
(1)All products sold by GoYeah via the Website (the “Products”) are for Users' use only and shall not be commercially resold. GoYeah may refuse any purchasing order if GoYeah suspects that such a purchasing order is for commercial resale.
(2)All title and risk of loss and damage of Products will be passed to Users when order of the Products is dispatched by GoYeah. GoYeah may deliver the Products according to Users’ instructions subject to GoYeah’s agreement. For the delivery to the countries or jurisdictions outside Hong Kong, Users may be required to pay customs and duties, or to obtain certain licence or apply for registration of Users’ purchased Products according to the regulations or requirements of the delivery destination or stopover or transfer point. Such fee/charge and the licence or registration requirements are determined according to the regulations or requirements of the delivery destination or stopover or transfer point and the same is beyond the control of GoYeah and cannot be foreseen by GoYeah. As such, GoYeah shall not pay, nor be held responsible, for any such fee/charge, or the licence or registration. Should the Product be seized by the authority of the destination or stopover or transfer point during the delivery, Users should be solely responsible for any loss incurred. GoYeah shall not be responsible for the same under any circumstance. By continuing to complete Users’ order of the Products, Users agree to the terms and conditions herein and agree to be responsible for any customs or duties or any registration or licence requirements. If the Product package is under any circumstances be rejected and returned to GoYeah, the title of the Products will be transferred to GoYeah, and Users shall be solely responsible for the return shipping charges and a re-stocking.
(3)GoYeah provides courier and delivery of Products from a wide range of courier and shipping companies. The provision of such arrangement will be subject to the terms and conditions of each supplier as part of the Agreement between GoYeah and Users.
(4)GoYeah is only providing a venue for the sale of Products on its Website and shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profit or intangible loss) related to the use of any of the Products purchased at the Website. Please read all information, warranties or warnings provided by the manufacturer owner or seller of the products on or in the product packaging and labels before using any product purchased through GoYeah. GoYeah shall not be liable for the accuracy, completeness, reliability, fitness for a particular purpose or quality of such Products or reliability of any information provided by any manufacturer owner or seller of such Products and it is Users’ responsibility to evaluate such information.
(5)Although GoYeah uses reasonable efforts to have the colors of the images of its Products displayed as accurately as possible on the Website, GoYeah does not warrant that the color will be accurately displayed by Users’ monitors.
GoYeah may deliver notices to Users by means of electronic mail, a general notice on GoYeah or by post. User may give notice to GoYeah at any time by means of electronic mail to User or by post to the following address: Unit 2201-2, 22/F Causeway Bay Plaza2, 463-483 :Lockhart Road, Causeway Bay.
(1)If GoYeah fails to enforce any of this Agreement, it will not be considered a waiver.
(2)Any waiver of this Agreement must be made in writing and signed by an authorized officer of GoYeah.
(3)Users shall not transfer any of Users’ rights or obligations under this Agreement to anyone else without GoYeah’s written consent.
(4)All of GoYeah’s rights and obligations under this Agreement are freely assignable by GoYeah to any third party.
(5)Nothing in this Agreement shall prevent GoYeah from complying with the law.
(6)This Agreement shall not confer any third party beneficiary rights.
USERS EXPRESSLY UNDERSTAND AND AGREE THAT:
(1)USERS' USE OF THE WEBSITE IS AT USERS' SOLE RISK. THE SERVICES UNDER THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOYEAH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
(2)GOYEAH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET USERS’ REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USERS THROUGH THE WEBSITE WILL MEET USERS’ EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
(3)ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT USERS’ OWN DISCRETION AND RISK, AND THE USERS WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO USERS’ COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(4)NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USERS FROM THE WEBISTE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
(5)A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN USING THE WEBISTE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT PHYSICIANS IF USERS EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
USERS EXPRESSLY UNDERSTAND AND AGREE THAT GOYEAH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOYEAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE OR DELAY IN THE USE OF THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS’ TRANSMISSIONS OR DATA OR ANY DATA IN OR CONNECTED TO USERS’ COMPUTER; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (e) ANY VIRUS; OR (f) ANY OTHER MATTER RELATING TO THE WEBSITE. THE WEBSITE MAY BE ACCESSED FROM OVERSEAS. GOYEAH MAKES NO REPRESENTATION THAT THE CONTENT ON THE WEBSITE COMPLIES WITH THE LAWS OF ANY COUNTRY OR REGION OUTSIDE HONG KONG. IF USERS ACCESS THE WEBSITE FROM OUTSIDE HONG KONG, USERS ARE RESPONSIBLE FOR ENSURING THAT USERS’ ACCESS TO, DOWNLOADING OF, USE OF AND RELIANCE ON THE CONTENT AND THE SERVICES CONTAINED IN THE WEBSITE IS IN COMPLIANCE WITH ALL LAWS IN THE PLACE IN WHICH USERS ARE LOCATED.