1. Introduction ¶
Throughout this document, the words "HYPEBEAST," "HBX," "101 Media Lab," "us," "we," and "our," refer to us, 101 Media Lab Limited, our website, HYPEBEAST.com , or our services, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.
By registering for our website as a member, you are agreeing to receive regular newsletters and marketing related emails from HYPEBEAST and HBX. Should you wish to be removed from our email list, you can unsubscribe or terminate your account at any time.
2. Description of Service ¶
HYPEBEAST is an online fashion magazine and HBX is a global online retail destination for men's and women's style.
3. Information Supplied¶
When using the 101 Sites to place an order, you will provide your name, email address, mailing address, date of birth, payment information and telephone number.
In addition to providing us with the above information about yourself, you must be eighteen years of age or older, or, if a higher minimum age of contractual capacity exists in your jurisdiction, you must be at least that age. Additionally, you are not considered to be under a disability to enter into a contract with us, whether it be because of an embargo in or against your jurisdiction or any other reason.
Editors typically include images as part of their blog posts and the images that they are authorized to use includes the following:
- Images that are licensed from vendors
- Images that are supplied to our editors or released into the public domain by public relations and marketing companies for press or other purposes
- Images that are supplied by readers, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site
- Images that are published on photo hosting sites or other public photos sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
- Images that are commissioned by 101 Sites
- Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source
- Images that are used to illustrate a newsworthy story, where the image itself tells a story
- Images used in a transformative manner, such as parody
- Images that are widely distributed that they have become part of the news
If 101 Sites receives any notice that an image is posted inappropriately, such as not keeping in line with the terms listed above, we reserve the right to remove that image.
If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
5. Editorial Control¶
We have the right, but not the obligation, to monitor or review all materials posted by any users on the 101 Sites, including on the HYPEBEAST.com Forum or within our editorial comments. We reserve the right to edit, refuse to post or to remove any information or materials that we believe is objectionable or violates this Agreement, the Terms & Conditions, or applicable laws or regulations. We may remove any review or comment at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such review or comment), or for no reason at all, with or without notice.
We may also impose limits on certain features, restricting your access to part or the entire website if it is believed that you may be in breach of these Terms & Conditions, any applicable laws/regulations and/or for any other reason without notice or liability to us. Furthermore, it is acknowledged and agreed that, any actions taken by us to improve the user experience of the website, including monitoring and/or reviewing all materials and subsequently editing, removing or refusing to post such materials shall not be deemed to create any duty towards you nor shall it be deemed a basis for any liability against us.
6. Contest Disclaimer¶
The maximum number of entries per person allowed during a contest period is as the contest has specified. Any attempt by a person to submit more than the stated maximum number of entries will be disqualified from participation in such contest. 101 Media Lab is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. By participating in a contest, all entrants agree to abide by these official contest rules.
The winner(s) of a contest will be selected at random from the qualifying entries and will be contacted via email within three working days following the draw. Winner(s) must contact the person detailed in the email for confirmation and their full name will appear on the relevant 101 Site. In the event that the selected winner(s) does not respond within three days, another entrant will be selected in replacement. Please note that 101 Media Lab is not responsible for the payment of any customs or duties that may be incurred by contest winner(s).
In consideration for your participation in a contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge 101 Media Lab, and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in such contest.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and know to exist. The provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are know or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
It is further understood and agreed that said participation in a contest is not to be construed as an admission of any liability and acceptance of assumption of responsibility by 101 Media Lab, its officers, board and employees, jointly and severally, for all damages and expenses for which 101 Media Lab, its officers, board and employees, become liable as a result of any alleged act of the contest participant.
Prizes are non-transferable and cannot be exchanged for cash.
101 Media Lab reserves the right to offer an alternative prize if any prize is not available or under special situation.
7. Online Community Policy¶
You do not have to register in order to visit the 101 Sites. To have access to certain features of the 101 Sites, though, including our HYPEBEAST.com Forum, its private messaging service and our blog comments section, users will need to create a HYPEBEAST account.
You must be at least eighteen years of age to take part in our online community.
At any time without notice, we may, at our discretion, suspend your access to HYPEBEAST, terminate your HYPEBEAST account or remove your user content from any part of our website.
The HYPEBEAST Forum is a public place intended for entertainment, learning, and interacting with like-minded individuals. We are not responsible for any decisions you make based on something you read on the HYPEBEAST Forum.
When you post any comments or other material on our websites, in our Forum, our comments sections or elsewhere, you agree to the following:
- You must have the right to submit anything you post.
- If non-original content is included in your posting, you must obtain permission from the content owner and retain all copyright and other proprietary notices displayed on the materials.
- You must not post anything that is defamatory, slanderous, obscene, pornographic, violent, hateful, racist, harassing, fraudulent or otherwise illegal and/or objectionable. We have the sole right to determine what is objectionable.
- You must not violate or infringe upon the rights of any third party, including but not limited to, rights of privacy and publicity, copyright, trademark, trade secret or any other personal or proprietary right of any other party.
- You must not disrespect fellow HYPEBEAST members, including by harassment, threats, bullying, trolling, or any form of discrimination and bigotry.
- You must not post anything that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any person.
- You must not post anything that seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or by posting any child pornography or sexually suggestive content involving minors.
- You must not post anything that violates any applicable law, foreign or domestic.
- You must not post any links to content which would, if posted on our own website, violate these Terms & Conditions.
- You must not engage in unsolicited or unauthorized marketing or promotional activities, whether commercial or non-commercial, or any other form of solicitation, on our Forum or through its private messaging service, or on our blog comments section, or anywhere else on the 101 Sites.
- You may not use any material from the 101 Sites, or post any material, in a manner that attributes a false or misleading statement to, or implies a false endorsement by, HYPEBEAST or related parties.
- You must not collect, harvest or post anyone’s sensitive personal information that relates to that person’s real world or online identity including phone numbers, names, physical addresses, IP addresses, email addresses and social media profiles. Any personal information posted about yourself is at your own risk, which we highly discourage.
- You may not spam the 101 Sites, including the HYPEBEAST Forum and comments sections, with any embedded graphics, photographs, images, video, audio, chain letters or other material that we deem to be junk or spam.
- You must not provide any content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information.
We do not expressly or implicitly endorse any user content submitted by users to the HYPEBEAST community. We take no responsibility for the content or share any views or statements expressed by any users on the 101 Sites, the HYPEBEAST Forum or within our editorial comments.
You are solely responsible for your own user content and the consequences of submitting your user content to the 101 Sites. We do not guarantee any confidentiality regarding the user content you submit.
By submitting user content, you hereby grant us (and our successors and affiliates) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your user content, including without limitation for promoting and redistributing part or all of your user content in any media formats and through any media channels now or hereafter known. You also hereby grant each user of the website a non-exclusive license to access your user content through the website.
8. General Rules of Conduct ¶
In addition to the requirements of our Online Community Policy above, as a part of using the 101 Sites, you must not:
- Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of our users.
- Use any automated or non-automated means to access, copy or distribute any portion of the website or collect any information from the website, including without limitation, the use of so-called “robots”, “spiders”, “offline readers”, etc.
- Infringe on the intellectual property rights of anyone.
- Do anything that infringes on the rights of us or a third party.
- Create more than one account, use another person’s account, or allow another person to use your account.
- Advertise on our website without our permission.
- Impersonate another person or organization.
We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate your account without explanation.
9. Third-Party Websites, Advertisers or Services and User-Posted Links¶
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, including text, graphics, illustrations, logos, button icons, images, audio, video and music, and the selection and layout of such content, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating product information reviews and forum content made available on our website.
"HBX" is a trademark used by us, 101 Media Lab Limited, to uniquely identify our website, business, and service. You agree not to use any of our trademarks, service marks, designs, and logos anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
As we are located in Hong Kong, we have certain defenses available to us for liability for defamation posted on our website by third parties, such as in our forums or on our blog. We recommend that you review the decision of the High Court of the Hong Kong Special Administrative Region Court of First Instance in the case of Oriental Press Group Ltd. and Another v. Fevaworks Solutions Ltd. Specifically, the law in Hong Kong is that we are a "subordinate distributor" and not automatically liable for the defamatory material of another who posts on our website.
Our Online Community Policy (described above) prohibits defamation from being published on our website. In order to complain about defamatory material on our website, please notify us with full details of where the defamation is located on our website (provide us with the URL), your name, and an explanation of how the material is defamatory. We will respond within a reasonable timeframe and, if it appears that there are grounds to believe the material is defamatory, we will remove it. You may send your request to email@example.com.
Special Note to American Users
Please note that if you are thinking of suing us in the United States, Section 230 of the Communications Decency Act prohibits you from holding us liable for the comments of a third party. Additionally, the SPEECH Act prohibits you from enforcing in the United States any judgments obtained against us in a Hong Kong court for a third party’s defamatory statements, and if you attempted to sue us in a Hong Kong court for the actions of a third party our lawyers would make a motion in the U.S. courts where your deposition is to be taken to prevent such a deposition from occurring. Therefore, we stress the importance of following the proper Hong Kong notification procedure as described above.
13. Revocation of Consent¶
Where 101 Media Lab Limited has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
14. Applicable Laws¶
The 101 Sites (excluding linked sites) are controlled by 101 Media Lab Ltd., from its offices within Hong Kong SAR. By accessing to the 101 Sites, you and 101 Media Lab Ltd. agree that the statutes and laws of Hong Kong SAR, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the 101 Sites. Those who choose to access the 101 Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to indemnify, defend, and hold harmless 101 Media Lab Ltd. and our affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) that: (i) arise from your activities on the website; (ii) assert a violation by you of any term of these Terms & Conditions; (iii) assert that any user content you submitted to the website violates any law or infringes any third party right, including any intellectual property or privacy rights; or (iv) any breach of our General Rules of Conduct or our Online Community Policy as detailed above. This defense and indemnification obligation will survive these Terms & Conditions and your use of the website.
16. Warranty Disclaimer¶
We provide this website on an “as is” and “as available” basis. You therefore use the website at your own risk. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. Without limiting the foregoing, we make no representation or warranties (i) that the website will be permitted in your jurisdiction; (ii) that the website will be uninterrupted or error-free; (iii) concerning any third party’s use of user content that you submit; or (iv) concerning any user content submitted by any other user.
17. Limitation of Liability¶
TO THE FULLEST EXTENT PERMITTED BY THE LAW: IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE DO NOT ACTIVELY SCREEN BLOG COMMENTS AND FORUM POSTS BEFORE THEY ARE UPLOADED TO OUR WEBSITE BY THIRD PARTIES AND, WHETHER OR NOT WE WOULD OTHERWISE NORMALLY BE HELD LIABLE FOR SUCH WORDS UNDER THE LAWS OF HONG KONG OR ANY OTHER JURISDICTION, WE SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE WEBSITE IS OFFERED BY US FROM OUR FACILITIES IN HONG KONG. WE MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
18. Modifications of Terms & Conditions¶
We may, in our sole discretion, modify or revise these Terms & Conditions at any time. Once changes are posted, these changes become effective immediately and if you use the website after they become effective, it will signify your agreement to be bound by such modifications or revisions. These Terms & Conditions cannot be changed or terminated orally. You should check back regularly and review the terms and conditions of this agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. The bottom of this Terms & Conditions page will explicitly state the “Last Updated Date”, which should indicate to you the Terms & Conditions that are currently in effect.
19. Copyright Infringement Claims¶
If you are a copyright owner or agent thereof and believe that any of the content on the 101 Sites infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), to our copyright agent (the “Copyright Agent”) with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site or application are covered by a single notification, a representative list of such works at that site or application;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of infringement on the 101 Sites is:101 Media Lab Limited
12/F, 10-16 Kwai Ting Road
Kwai Chung, Hong Kong
Attn: Designated Copyright Agent
Phone: +852 3563 9035
This contact information is only for suspected copyright infringement. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
20. Contact Information¶
If you have any questions, concerns or notices of violations to these terms and conditions, please contact the editor of HYPEBEAST by sending an email to firstname.lastname@example.org