PLEASE READ THESE ToU CAREFULLY BEFORE USING THE EASY PLANET SERVICES. ANY DISPUTE BETWEEN YOU AND EASY PLANET MUST BE RESOLVED BY INDIVIDUALLY BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE ToU AS IT AFFECTS YOUR RIGHTS UNDER THESE ToU. NOTHING CONTAINED HEREIN IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR COUNTRY OF RESIDENCE (THAT IS THE PLACE WHERE YOU NORMALLY LIVE FOR MORE THAN 182 (ONE HUNDRED AND EIGHTY TWO DAYS) OF THE YEAR). IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE ToU, YOUR RIGHTS UNDER LOCALLY APPLICABLE LAW SHALL PREVAIL.
Easy Planet does not claim ownership of your User Generated Content; however, you grant Easy Planet a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights, whether contingent, registered, unregistered, previously developed, currently under development or in future to be developed, to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Easy Planet Services and on third-party websites and social media platforms such as – including but not limited to Facebook, YouTube and Twitter), in any unlimited number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these ToU and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize Easy Planet to use and exploit, your User Generated Content in all manners contemplated by these ToU and the terms contained herein this clause 8 specifically. You agree to indemnify and hold Easy Planet and Easy Planet’s subsidiaries and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Easy Planet or Easy Planet’s subsidiaries and affiliated companies by any third party arising out of or in connection with use and exploitation by Easy Planet of your User Generated Content. You also agree not to enforce any moral rights, beneficial rights, ancillary rights or similar rights of whatsoever kind in or to or over the User Generated Content against Easy Planet or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. To the extent that Easy Planet authorizes you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of works in which Easy Planet owns the copyright, Easy Planet hereby grants you a non-exclusive license to create a derivative work using works in which Easy Planet owns the copyright as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Easy Planet of ANY AND ALL intellectual property rights, whether contingent, registered, unregistered, previously developed, currently under development or in future to be developed in the work you create. If such rights are not assigned to Easy Planet, your license to create derivative works using Easy Planet copyrighted works shall be null and void.
Easy Planet retains the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through an Easy Planet Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to the terms and conditions contained herein this clause 9, without prior notice to you. Easy Planet is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Easy Planet hereby gives notice that Easy Planet may terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. In addition, Easy Planet may suspend or terminate your account and your ability to use the Easy Planet Services if you engage in, encourage or advocate illegal conduct, or if you fail to comply with these ToU, as amended, or any supplemental terms and conditions that may be supplied to you when you purchase Easy Planet Services.
You and Easy Planet agree to arbitrate all disputes between you and Easy Planet and its affiliates, except disputes relating to the enforcement of Easy Planet or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and Easy Planet concerning the Easy Planet Services or these ToU, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Easy Planet empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these ToU or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these ToU are void or voidable.
In the event of a dispute, you or Easy Planet must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Workshop 5, 16/F., Westin Centre, No. 26 Hung To Road, Kwun Tong, Kowloon, Hong King Unit 3108, 31/F Eight Commercial Tower, 8 Sun Yip St Chaiwan, Hong Kong Attention: Legal/Arbitration Notice. Easy Planet will send any notice of dispute to you at the contact information we have for you. You and Easy Planet will attempt to resolve a dispute through informal negotiation within 60 (sixty) calendar days from the date the notice of dispute is sent. After 60 (sixty) days, you or Easy Planet may commence arbitration. Any arbitration will take place before the Hong Kong Arbitration Tribunal, or if you are not able to attend hearings in Hong Kong, at an arbitration tribunal near your place of residence. If you and Easy Planet do not resolve a dispute by informal negotiation the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal in accordance with the law of Hong Kong or the law applicable in your usual place of residence in the country in which you reside.
You and Easy Planet shall bear any and all legal costs that may be incurred in and associated with arbitration individually in full; and neither you nor Easy Planet may be entitled to any make any claim or have any right of action against the other for reimbursement of any legal costs so incurred.
Choice of Law
You agree that any action at law or in equity arising out of or relating to these ToU or the Easy Planet Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the courts of Hong Kong and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
These ToU are governed by and construed in accordance with the laws of Hong Kong without giving effect to any conflict of law principles.
If the existence or operation of these ToU should be called into question or doubt or any provision of these ToU shall be judged unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these ToU and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these ToU, which by their nature should survive the expiration or termination of these ToU, whichever occurs sooner, shall survive such expiration or termination.
No waiver of any right or provision of these ToU by you or Easy Planet shall be deemed a further or continuing waiver of any such right or provision or any other provision, and any failure to assert any right or provision under these ToU shall not constitute a waiver of such right or provision or the exercise of any such right or provision at any future time.