TERMS OF USE

LAST UPDATED: JANUARY 2020

 

This is Rascal and Friends’ Terms of Use. Rascal and Friends is referred to in this Terms of Use as "we", "our" or "us". The Terms of Use applies to all Rascal and Friends owned websites (however accessed or used), whether via personal computers, mobile devices, or other technology ("Device") and other interactive features, applications or downloads that are operated by us that are available through these websites and contain this Terms of Use produced and maintained by Rascal and Friends (collectively "Website"). By using the Website, you acknowledge that you've read and understood this Terms of Use.

 

1. AGREEMENT TO TERMS OF USE

Please read carefully. By accessing our Website, you are explicitly acknowledging that you have read and understood the Terms of Use and you are agreeing to be bound by them. If you do not agree to the Terms of Use, please don’t use this Website.

 

We reserve the right to change the Terms of Use at any time. You are responsible for checking it periodically for changes. Your continued use of the Website after we've made changes will mean that you agree to the changes.

 

Please also review our Website's Privacy Policy, Cookies  which set our data collection and usage practices.

 

2. OWNERSHIP

Website and Content

All of the material features or displays on the Website, including without limitation, all text, scripts, code, designs, graphics, music, videos, applications, interactive features, articles, stickers, photographs, images, moving images, sounds, illustrations and other content ("Content") are owned by us, our licensors or our suppliers. We reserve all rights not expressly described in these terms.

 

Trademarks

All of the trademarks, service marks, trade names and logos ("Marks") used on the Website belong to us, our licensors or our suppliers. You are prohibited from using the Marks in any way without our prior written consent. You do not acquire any license or ownership rights to any trademarks, service marks or trade names through your access or use of the Website.

 

Notices

  • All elements of the Website, including without limitation, the Website and Content and trademarks, are protected by trade dress, copyright, trademark and other laws relating to intellectual property rights.

  • Except as may be otherwise expressly indicated by us in specific documents posted on the Website, you are authorized to view, play, print and download Content for personal, informational, and noncommercial purposes only.

  • Outside of the specific usage rights granted to you by us in connection with the Website, you may not use, edit, translate, display, download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell, or in any way exploit any Content or trademarks. You will not remove any copyright, trademark or other proprietary notices from the Website or Content found on the Website.

  • The Website and Content, trademarks, shall remain the exclusive property of us or our licensors or suppliers, as applicable, unless otherwise expressly agreed by us.

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3. RESTRICTIONS ON USE

We give you permission to use our Website so long as you do not:

  • use the Content on the Website for any commercial purpose;

  • use the Content or the Website for any illegal purpose;

  • attempt to gain unauthorized access to any other user's computer systems or networks associated with the Website;

  • modify or attempt to modify or in any way tamper with Website;

  • use the Website or any of the Content on it in a way that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, right of privacy or right of publicity; or

  • interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.

 

4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. We may terminate the accounts of Website users found to infringe third party copyrights and other intellectual property.

 

If you believe that your work has been improperly copied to the Website, such that it constitutes infringement, please provide us with the following information, and send copyright and other intellectual property infringement complaints to hello@teamrascals.com.  

  • name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where on the Website the Content that you claim is infringing is located;

  • a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

5. PARTNERS ON THE PLATFORM

From time to time, we may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Website, but this does not mean we endorse, monitor or have any control over these Third Parties or their activities, which are subject to separate the terms of use and privacy policies.  You should carefully review any Third Party’s sites and the terms of use and privacy policy. We are not responsible for the content, policies or activities of Third Parties and you interact with Third Parties at your own risk.

 

6. COMPETITIONS, SWEEPSTAKES, CONTESTS, AND PROMOTIONS

Any competitions, sweepstakes, contests or other promotions ("Promotion") offered via the Website may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, and terms and conditions governing the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).

 

7. COLLECTION OF PERSONAL INFORMATION FROM OR THROUGH SOCIAL MEDIA SITES OR USING YOUR SOCIAL MEDIA LOGON

When you interact with any Rascal and Friends page or account on a social media platform, such as Facebook, Instagram, LinkedIn, or YouTube, we may collect the personal information that you make available to us on that page or account including your account ID or “handle.” However, we will comply with the privacy policies of the corresponding social media platform and we will only collect and store such personal information that we are permitted to collect by these social media platforms. We use the information from one portion of our sites on other portions of sites in our network of sites or in reports and analysis, all of which are owned and operated by Rascal and Friends.

 

8. YOUR WARRANTIES

You represent and warrant that:

  • you are at least the age of majority in your jurisdiction of residence and you have the legal right and capacity or if you are under the age of majority in your jurisdiction of residence, your parent or guardian may be responsible for some or all of your activities on the Website. Because of this and because it’s prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Website – as this Terms of Use and your use of the Website affect their legal rights and obligations;

  • all information you provide to Rascal and Friends is accurate and complete; and

  • you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use.

 

9. DISCLAIMERS

We does not warrant or represent that your use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with us.

You acknowledge and agree that the disclaimers and limits on liability set out in these Terms of Use reflect a reasonable and fair allocation of risk between you and us and are an essential basis of the bargain between us.

You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, the Website is provided "as is" and without any warranties of any kind. We expressly disclaim all warranties, express or implied, including, warranties of title, merchantability, fitness for a particular purpose, non-infringement or warranties of uninterrupted, timely, secure, accurate, or error-free use or operation.

 

We assume no liability or responsibility for:

  • errors, mistakes, or inaccuracies on the Website;

  • any acts or omissions of users, our partners, advertisers or other parties on or through the Website;

  • any unauthorized access to or use of the Website;

  • any interruption or cessation of transmission to or from the Website;

  • any physical injuries or emotional to you or third parties related to the Website; and

  • any bugs, viruses, trojan horses, or the like.

 

10. LIMITATION OF LIABILITY

Furthermore, your use of and browsing in this Website is at your risk. To the fullest extent permitted by law, in no event will we be liable for consequential, indirect, incidental, punitive, reliant, exemplary or special damages arising out of or in connection with:

  • Terms of Use, Privacy Policy, or Cookies;

  • the use, disclosure, display, or maintenance of your information, including any personal information;

  • the Website; or

  • any of the Website Content.

 

The limitations of liability in this section shall apply even if we have been advised of the possibility of such damages. You agree that the limitations of liability set out in this section will survive any termination or expiration of Terms of Use and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. Your sole and exclusive remedy from any use of, or inability to use, the Website shall be for you to discontinue use of the Website.

 

This Website may contain links to other sites operated by third parties other than us. Such links are provided for your convenience only. We has not reviewed all of the sites linked to such sites, we do not control such sites and is not responsible for their content. Your linking to any other off- site pages or other sites is at your own risk. The fact that this Website contains links to other sites does not mean that we approves of, endorses or recommends those sites, nor does it imply any association with their operators.

 

11. TERMINATION

We reserve the right to suspend or terminate your access to the Website if at any time we suspect your use may be unlawful, violate the rights of third parties or any of the terms of the Terms of Use.

 

12. WEBSITE DISPUTES

“Website Disputes” include:

  • any claim you may have against us in connection with Website;

  • any claim we may have against you in connection with Website; and

  • any action to enforce the Terms of Use or to object to the Terms of Use.

All other disputes are Non-Website Disputes. Any claim arising from your purchase of a product of ours or service or from the Content of any offer or advertisement on the Website is a Non-Website Dispute.

 

Choice of Law/Jurisdiction

  • You agree that the Website is a passive Website solely based in Hong Kong, China, which does not give rise to personal jurisdiction over us in jurisdictions other than Hong Kong.

  • You agree that the Website, Terms of Use, Privacy Policy and any disputes between you and us shall be governed in all respects by Hong Kong law, without regard to choice of law provisions.

  • Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the courts located in Hong Kong, China.

  • You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the courts located in Hong Kong, China.

  • All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.  

 

13.  GENERAL PROVISIONS

Right to Assign, No Waivers, Severability

  • We may assign its rights and duties under Terms of Use to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under Terms of Use. 

  • Our failure to insist upon or enforce strict performance one part of Terms of Use is not a waiver of the other Terms of Use or our rights. Users should always assume Terms of Use apply.

  • If any provision in one part is held invalid or unenforceable, the remainder of Terms of Use shall continue to be enforceable.

 

Updates to Terms of use.

We reserve the right to modify the Terms of Use, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review the Terms of Use on a regular and frequent basis. The Updated Terms will be effective as of the time that we post them on the home page of the Website, or such later date as may be specified in them.

 

14. CONTACT US

If you have any questions or concerns with the Terms of Use or the Website you may contact us by e-mail at hello@teamrascals.com.

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© 2020. All Rights Reserved. Rascals International Limited