Yumtake.com Terms of Service (the “ToS”) regarding yumtake.com membership services
PLEASE NOTE THE FOLLOWING TERMS AND CONDITIONS GOVERNING THE USE OF yumtake.com AND ITS RELATED SERVICES.
By using yumtake.com and its related services, you hereby accept and agree with the terms set out in this terms and conditions, and any policies, guidelines or amendments that may be presented to you from time to time.
Latest revision date: 24th September 2013
The website used is www.yumtake.com in English and Chinese and the offers, advertisements and services on this platform is operated by
Yumtake (HK) Company Limited
Unit 5, 16/F, Trendy Centre,
682 – 684 Castle Peak Road,
1. Acceptance of Terms
1.1. Thank you for using yumtake.com and its related services (collectively, “YT Services”), services provided by Yumtake (HK) Company Limited, its subsidiaries, or affiliated companies (collectively, “YTHK”). By using the YT Services, you accept and agree to the terms and conditions sets out below to govern your use of the YT Services.
1.2. This ToS may be updated from time to time without notice. You are responsible to check the most current version of the ToS at [http://www.yumtake.com/tnc.html].
2. Use of Services
2.1. In consideration of your use of the YT Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Hong Kong Special Administrative Region or other applicable jurisdiction.
2.2. In order to access the YT Services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the YT Services. You are responsible for maintaining the confidentiality of your YT account password (if any), and are responsible for all activities that occur under your account. You agree to immediately notify YTHK of any unauthorized use of your password or account or any other breach of security. YTHK cannot and will not be liable for any direct, indirect, or consequential loss or damage arising from your failure thereof.
2.3. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You are responsible for your own conduct, Content, and what you are exposed to while using the YT Services and that you use the YT Services at your own risk.
2.4. You may use the YT Services only for legal and proper purposes and in accordance with this ToS and any applicable policies and guidelines.
2.5. You agree when using the YT Services that you WILL NOT:
2.5.1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or
2.5.2. Upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content; or
2.5.3. Upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content; or
2.5.4. Upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, this ToS or any applicable policies or guidelines; or
2.5.5. Download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner; or
2.5.6. Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; or
2.5.7. Restrict or inhibit any other user from using and enjoying the YT Services; or
2.5.8. Use the YT Services for any illegal or unauthorized purpose; remove any copyright, trademark or other proprietary rights notices contained in or on the YT Services; or
2.5.9. Interfere with or disrupt the YT Services or YT’s servers or networks connected to the YT Services; or
2.5.10. Disobey any requirements, procedures, policies or regulations of networks connected to the YT Services; or
2.5.11. Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of YT Services or collect information about users for any unauthorized purpose; or
2.5.12. Submit Content that falsely expresses or implies that such Content is sponsored or endorsed by YTHK; or
2.5.13. Create user accounts by automated means or under false or fraudulent representations; or
2.5.14. Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
2.5.15. Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
2.5.16. Upload spam or unauthorized literature on the YTHK servers or network.
2.5.17. Collect information about YT services’ members and users.
2.5.18 Intentionally upload viruses, pornographic contents, threatening, violent, harassing, malicious, discriminating, misleading or unlawful contents on to YTHK’s services servers or networks.
2.5.19. Approach, or contact YT services’ members or clients.
2.5.20. Register false and untruthful information about themselves in order to ensure security and confidentiality of their accounts.
2.5.21. Share your password, open an account for others or let others use your account.
2.5.22. Use YT services for the purpose of promoting your own business.
2.6. You must update your contact information.
2.7. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the Hong Kong Special Administrative Region or your country of residence.
2.8. By using the YT Services, you acknowledge and agree that YTHK may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
2.8.1. Satisfy any applicable law, regulation, legal process or governmental request; or
2.8.2. Enforce this ToS, including investigation of potential violations; or
2.8.3. Detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam); or
2.8.4. Respond to user support requests, or
2.8.5. Protect the rights, property or safety of YTHK, its users and the public.
We respect your privacy but it must be remembered that
2.9.1. Yumtake collects various information about you such as your personal details of name, gender, age, address, email address, telephone number and interests when you register or sign up as a member of Yumtake. We may use these information to send you notifications or to market to you as well as for research purposes including internal operations like analysis of data, improvement of services and troubleshooting.
2.9.2. The servers of Yumtake automatically record a data log of your use of our website services such as pages and websites visited, search words and time of visits to our websites.
2.9.3. Yumtake may share your information with connected sites and business partners such as advertisers or potential clients and publishing companies to show the effectiveness and trends of the use of our websites.
2.9.4. If Yumtake is reorganized due to merger, acquisition, bankruptcy, sale of assets or shares, your information will automatically be sold or transferred to the new legal entity.
3. YTHK’s Rights and Liabilities
3.1. YTHK reserves the right to refuse service to anyone at any time without notice for any reason.
3.2. While YTHK prohibits such conduct and Content in connection with the YT Services, you understand and agree that YTHK may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to the YT Services.
3.3. YTHK will not be responsible or liable for the exercise or non- exercise of its rights under the ToS.
3.4. YTHK has the right when processing and transmission of the YT Services, including your Content, to:
3.5. YTHK reserves the right to syndicate Content submitted, posted or displayed by you on or through the YT Services and use that Content in connection with any of the YT Services.
3.6. YTHK has the right to access, index, cache or crawl the URL(s) (or equivalent), the Content itself, or any portion (without regard to any robots.txt file which does not authorize crawling) in connection with YTHK’s authorized use of the Content.
3.7. YTHK has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the YT Services.
3.8. YTHK retains the right, at YTHK’s sole discretion, to create limits of any Content upload or storage at any time with or without notice.
3.9. YTHK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the YT Services (or any part) with or without notice.
4. Intellectual Property and Proprietary Rights
4.1. You acknowledge and agree that the YT Services and any necessary software used in connection with the YT Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the YT Services or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by YTHK or YTHK’s advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the YTHK or the Software, in whole or in part.
4.2. YTHK claims no ownership or control over any Content submitted, posted or displayed by you on or through the YT Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the YT Services. You are responsible for protecting those rights, as appropriate.
4.3. By submitting, posting or displaying Content on or through the YT Services which are intended to be available to the general public, you grant YTHK a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such Content on the YT Services solely for the purpose of displaying, distributing and promoting the YT Services. This license terminates 12 months from the date that such Content is deleted from the YT Services to which you originally submitted.
4.4. By submitting Content to the YT Services, you authorize YTHK to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with YTHK's authorized distribution of the Content.
4.5. You are not allowed to use the YTHK’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”) unless a prior written consent has been given by YTHK. If you are interested in using any of the Brand Features, please contact our Intellectual Property Department for more information.
4.6. Personal Information and Contents Posted on Our Website are subjected to the following:
4.6.1. Regarding contents with intellectual properties (IP) rights, YTHK is automatically granted the right to utilize any IP content posted on YT Services. This right terminates at the same time as when you delete the IP content or cancel your membership account but we cannot control contents that have been used or downloaded by others and which still exist on the accounts or websites of others.
4.6.2. Even if IP contents have been deleted, they will still be in backup copies for some time without it being available to others.
4.6.3. Your feedback with recommendations and suggestions may be made used of and you will not be paid for them.
5.1. You may cancel your use of the YT Service and/or terminate this ToS with or without cause at any time by providing notice to YTHK at the Contact Us Page provided that:
5.1.1. A terminated account may continue to exist for up to 10 business days before such cancellation takes effect; and
5.1.2. For any paid services, termination will depend on the specific terms of those services; or
5.2. YTHK may at any time and for any reason, including but not limited to, a period of account inactivity, terminate your access to the YT Services, terminate this ToS, or suspend or terminate your account.
5.3. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
5.4. Except as otherwise provided in this ToS or unless YTHK has previously canceled or terminated your use of the YT Services (in which case subsequent notice by YTHK shall not be required), if you have provided an alternate email address, YTHK will notify you via email of any such termination or cancellation, which shall be effective immediately upon YTHK's delivery of such notice.
5.5. Paragraph 6 to 10 of this ToS (including the paragraphs regarding limitation of liability and rights of YTHK), shall survive expiration or termination.
You agree to indemnify and to hold YTHK and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, not liable to any third party claim or demand arising from or in any way related to your use of the YT Services, violation of this ToS or any other actions connected with use of the YTHK Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, YTHK will provide you with written notice of such claim, suit or action.
7. Disclaimer of Warranties
7.1. YTHK shall not be responsible or liable:
7.1.1. For any actions taken, either wholly or in part, based on the information provided on the YT Services; or
7.1.2. For any loss, damage, expense or injury resulting from any transactions conducted with other users, any online merchant or other third party through any of the YT Services; or
7.1.3. To honor (or to cause any merchant to honor) of the YT Services that relates to products, shopping, or auction, any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available through any of the YT Services; or
7.1.4. For any loss, damage, expense, or injury that you may suffer through YT Services
7.2. The information, services, products, and materials contained or available through any of the YT Services, including but not limited to, text, graphics, and links, are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, YTHK disclaims all representations and warranties of any kind, whether express or implied, including but not limited to YT Services.
7.3. Any material downloaded or otherwise obtained through the YT Services is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
7.4. No advice or information, whether oral or written, obtained by you from YTHK or through or from the YT Services shall create any warranty not expressly stated in the ToS.
8. Limitation of Liability
YTHK shall not be liable to you and/or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss, even if YTHK has been advise of the possibility of such damages, resulting from:
8.1. The use or the inability to use the YT Services; or
8.2. Any modification, suspension, or discontinuance of the YT Services; or
8.3. The cost of procurement of substitute goods and services resulting from any good, data, information or services purchased or obtained or messages received or transaction entered into, through, or from the YT Services; or
8.4. Unauthorized access to or alteration of your transmission or data; or
8.5. Statements or conduct of any third party on the YT Services; or
8.6. Any other mater relating to the YT Services.
9.1. YTHK may provide you with notices, including but not limited to, notice regarding changes to the ToS, by e-mail, regular mail, or posting on the YT Services.
9.2. Any notice or any other communication in connection with the YT Services shall be in writing in either Chinese or English.
9.3. A notice or any other communication to you shall be effective upon receipt and shall be deemed to have been received at the time of posting if delivered by regular mail, at the time of transmission if delivered by e-mail, or at the time of posting if posted on the YT Services.
10. Other Provisions
10.1.1. This ToS is personal to you. Accordingly you shall not, without prior written consent of YTHK, assign, delegate, sub-contract, mortgage, charge, or otherwise transfer any or all of the benefit and/or obligations in or arising out of this ToS to any third parties.
10.1.2. Except as otherwise expressly provided in this ToS, there are no third party beneficiaries to this ToS.
10.2. Place of Formation
Any order, sales, contract, or any other types of agreement, made between you and YTHK, shall be deemed to be made and concluded in Hong Kong Special Administrative Region.
10.3. Governing Law
This ToS shall be governed by and construed in accordance to the laws of Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction to the courts of the Hong Kong Special Administrative Region.
If any provision in this ToS shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall, to the extend required, be severed from this ToS and rendered ineffective as far as possible without modifying the remaining provisions of this ToS and shall not in any way affect any other circumstances of or the validity or enforcement of this ToS.
10.5. Whole Agreement
This ToS contains the whole agreement between you and YTHK relating to the subject matter of this ToS to the exclusion of any terms implied by law, which may be excluded by contract and supersedes any previous written or oral agreement.
The English version of the ToS prevails over other language versions.
Headings shall be ignored in interpreting this ToS.