TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS FOR USE OF SERVICES
Article 1 (Purpose)
The purpose of these General Terms and Conditions for the Use of the Membership Services (the “Services”) provided by CJ ENM CORPORATION (the “Company”) is to set forth the rights, obligations, liabilities, procedures and conditions for use of the services and additional required measures, of the Members utilizing the Services (the “Members”) and the Company.
Article 2 (Effectiveness and Amendment of the General Terms and Conditions)
(1)These General Terms and Conditions shall become effective upon being posted on the screen of the website operated by the Company (the “Website”) or by other means.
(2)Upon the occurrence of any reasonable event which makes it necessary to amend these General Terms and Conditions, the Company may amend these General Terms and Conditions to the extent permitted by law and other relevant regulations. The Company shall notify the Members of such amendment by means of posting the effective date and the reason for such amendment along with the text of the then existing General Terms and Conditions on the screen of the Website, or through other means. Members shall be notified of essential information relating to the amendment via electronic mail.
(3)A Member shall have the right to object to the amendment to the General Terms and Conditions. A Member who does not agree with the amendment to the General Terms and Conditions may request to withdraw his or her Website membership. If a Member does not indicate his or her objection to the amendment to the General Terms and Conditions within fifteen (15) days of becoming aware of such amendment, such Member shall be deemed to have consented to such amendment to the General Terms and Conditions.
(4)An amendment to these General Terms and Conditions that is unfavorable to the Members shall be disclosed together with the effective date and the reason for such amendment along with the text of the then existing General Terms and Conditions, for a period of thirty (30) days, ending on the date immediately preceding the effective date of such amendment, Members shall be clearly and separately notified of such an amendment via electronic mails.
(5)Members to whom the disclosure or notification under Section (4) above has been made shall be deemed to have consented to such amendment to the General Terms and Conditions, if such Members fail to indicate expressly their intent to object to such amendment to the General Terms and Conditions within thirty (30) days.
(6)An amendment to the General Terms and Conditions shall apply only to the agreements entered into after the effective date of such amendment, and the agreements entered into prior to such amendment shall be subject to the then existing General Terms and Conditions prior to such amendment; provided, that the amendment to the General Terms and Conditions shall be automatically applied to Members who have indicated their consent to being subject to such amendments to the General Terms and Conditions pursuant to Sections (3) or (5) above.
Article 3 (Applicable Provisions Other Than the General Terms and Conditions)
Matters not specified herein shall be governed by the under the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”) in Hong Kong and other applicable laws and regulations.
Article 4 (Definitions)
As used herein, the following terms shall have the meanings afforded below; provided, that terms in relation to “CJ ENM HK” shall have the meanings afforded in the General Terms and Conditions for use of “CJ ENM HK” services:
(1)Services: all Internet-based services (including wireless Internet services) such as services provided by the Website;
(2)Users: members and non-members to whom the Company provides the Services;
(3)Members: all Users who use the Services provided by the Company, based on the email address used by the User when signing an Application Form (as defined below), are under a Service Use Agreement (as defined below) including:
- Persons who sign an Application Form to use the Services provided by the Company;
- Members of “CJ ENM HK” consent to the Services provided by the Company and its Service Use Agreement.
(4)”CJ ENM HK” Members: Members who consented to the Service Use Agreement of “CJ ENM HK” and are subject to the General Terms and Conditions of “CJ ENM HK”
(5)Password: a combination of characters and numbers determined by a Member that is used to confirm that a person is the Member corresponding to the email address to such Member and to protect the secrecy of such Member;
(6)Suspension of Use: restriction of a Member’s use of the Services by the Company under these General Terms and Conditions;
(7)Termination: termination of the Service Use Agreement by the Company or by a Member.
SERVICE USE AGREEMENT
Article 5 (Taking Effect)
(1)A User applies for membership by indicating his or her consent to these General Terms and Conditions after filling out the membership application form prescribed by the Company (“Application Form”). A Member of “CJ ENM HK” may apply for membership by filling out the Application according to the General Terms and Conditions for “CJ ENM HK” and by indicating his or her consent to use the Service.
(2)An agreement for the use of the Services (“Service Use Agreement”) shall become valid upon the Company giving its consent to the Application Form submitted by a person desiring membership, once that person has consented to these General Terms and Conditions.
Article 6 (Application for Use of Services)
(1)A person desiring to use the Services as a Member shall apply by providing his or her personal information in the Application Form.
(2)A member shall apply to use the Services by providing his or her personal information in the Application Form presented on the sign-up page on the Website.
(3)The Company may request additional information for verification purposes, in case the Company is unable to authorize such person applying for membership through its online authentication process.
Article 7 (Approval of Application for Use)
(1)Application Forms, under Article 6 above, shall be approved by the Company in the order in which they were submitted to the Company, absent special circumstances.
(2)In any of the following events, the Company may elect not to approve an Application Form and may withhold approval until such event is eliminated:
- If the facilities necessary for the Services are insufficient;
- If technical difficulties exist; or
- If otherwise deemed necessary due to the circumstances of the Company.
(3)If any of the following circumstances is brought to the attention of the Company, the Company may elect not to approve the Application Form without providing a separate notification in regards to such application:
- If the Application Form has been filled in the name of another person;
- If any of the required information filled in the Application Form is false;
- If the Application Form has been filled for the purpose of undermining societal well-being, or good social morals and customs;
- If the Application Form otherwise fails to satisfy the requirements for application for use as set forth by the Company;
- If found that the Service has been altered by a malicious program, a bug, or the system’s weak point has been abused by unlawful means;
- If such person has a history of losing a qualification for membership through means of the second clause of Article 26, provided, that if one year has passed and the Company has granted permission for such person to reapply for membership.
Article 8 (Protection of Personal Information)
(1)The Company shall comply with the personal information protection policy as provided by the relevant laws and regulations, in order to protect personal and registered information in regards to the Users. The Company shall provide the personal information protection policy on the screen of its Website.
(2)It is possible that the personal information provided voluntarily by the Members online, such as on the bulletin boards or by emails or chat rooms, may be collected and used by other persons, and the Company shall not bear any liability in any connection with such risks.
Article 9 (Consent to Use of Personal Information)
(1)The personal information collected by the Company on the Website shall be the minimum information necessary for the provision of the Services and the Company may, if deemed necessary, request more detailed information.
(2)In any of the following cases, the Company may provide Users’ personal information to a third party with the consent of such Users.
- The personal information of Users, who participated in various events taking place on the Website, may be provided to the organizers of such events.
(3)The Company may, to improve the quality of the Services provided to the Members through the Website, forge partnerships with specialized contents providers in various areas or business partners (“Allied Companies”), which will enable the Website to provide a variety of Services, including, but not limited to, tailored services, online advertising services, shopping mall services, community services, paid contents services, mobile services, insurance, credit card and other telemarketing services, statistical or market survey services.
(4)If the Company desires to provide to, or share with, the Allied Companies as set forth in Section (3) above, the personal information of the Members, the Company shall provide or share the minimum necessary information with the consent of such Users and shall specify for which purpose such information is provided and which information (names of the Allied Companies, the purpose of alliance with the Allied Companies, and the personal information shared with the Allied Companies) is shared.
(5)The consent to the use of the personal information under Section (3) above may be obtained by way of posting a separate notification on the Website.
(6)The consent given by a User to the Company’s use and collection of personal information in order for such User to fuse the Services may be withdrawn at any time by such User. To withdraw his or her consent, a User shall apply for Termination.
OBLIGATIONS OF THE PARTIES
Article 10 (Obligations of the Company)
(1)The Company shall make the Services available to a Member on the date that such Member submitted an Application Form, absent special circumstances.
(2)The Company shall make continued efforts to provide the Services on a continuous and stable basis in accordance with these General Terms and Conditions, and shall repair and restore the facilities immediately if the facilities are affected by technical difficulties or are destroyed. Notwithstanding the preceding sentence, the Company may suspend its offering of the affected Services in the event of an act of God or emergency or other unavoidable cases.
(3)If opinions or complaints are raised by Members in accordance with the procedures prescribed by the Company, the Company shall handle such opinions or complaints through appropriate procedures if the Company recognizes such opinions or complaints as valid. If such opinions or complaints take certain amount of time to handle, the Company shall inform the Members about the reason and the schedule for such handling.
(4)The Company shall comply with the provisions of Article 8 above in connection with protection of the privacy of its Members.
Article 11 (Obligations of Members)
(1)Members shall comply with the terms and conditions of these General Terms and Conditions and also abide by the guidelines and announcements Company posts from time to time on the Website. Members shall not act in any other manner that may interfere with the business of the Company.
(2)Each Member has the obligation to secure his or her Password pair with the login email address he or she provides when signing the Application Form. Each Member shall be liable for all consequences that may arise from neglectful management and unauthorized use of his or her account.
(3)A Member shall report to the Company immediately upon suspecting any unauthorized use of his or her login email address or Password, and the liability for all consequences that may arise from such Member’s failure to report such use shall be borne by such Member.
(4)The Members shall not conduct any business activities using the Services, without the prior consent from the Company, and the Company shall not be liable for the consequences of such business activities and the Members conduct in violation of these General Terms and Conditions. The Company’s losses, if any, suffered as a result of such business activities shall be compensated for by such Members.
(5)The sound and video sources as well as any other contents provided by the Company as part of the Services shall not be used by Members outside of their private use, such as disclosure to the public or re-use of such contents in public places or in profit-seeking business places or stores.
(6)Unless the Company expressly consents, no Member may transfer or donate, or provide as security to a third party, the rights of such Member to use the Services or other rights and obligations of such Member under the Service Use Agreement.
(7)No Member shall do any of the acts described below, in connection with use of the Services:
- Using other persons’ email addresses or passwords;
- Using any information or contents, provided by the Company, for anything other than the Members’ private use, unless preapproved by the Company. Copying materials and using them for publication, broadcasting, providing them to a third party or any other similar purposes;
- Distributing any information that infringe the patents, trademarks, trade secrets, copyrights or other intellectual property rights to a third party through electronic mails or by other means;
- Distributing obscene or vulgar information, sentences, geometric figures, etc. may harm societal well-being or good morals and customs through electronic mails or by other means;
- Distributing insulting or threatening content that may infringe the privacy of other people through electronic mails or by other means;
- Any act that objectively appears to be related to a crime;
- Collecting or storing personal information of other Users without the Company’s approval; or
- Any other act that may violate the relevant laws and regulations.
USE OF THE SERVICES
Article 12 (Provision of Information)
(1)The Company may provide Members with a variety of information that might be beneficial to the Members, through electronic mails, text messages, and by other means.
(2)The Company may provide information related to the Services through various means of communication (including, but not limited to, mails, electronic mails etc) in order to provide better Services to the Members. However, if a Member indicates that he or she does not wish to receive such information, the Company shall ensure that such Member is excluded from the list of Members to whom such information is provided. The Company shall not be liable for any disadvantages of using the Services that such Member might receive due to such exclusion.
Article 13 (Postings, etc., by Members)
(1)The Company may delete any content posted or registered by the Members on the Website with our any prior notification, if the Company believes that such content falls under any of the following categories:
- If it criticizes or harms the reputation of another Member or a third party;
- If it harms societal well-being, or good social morals and customs;
- If it is deemed to be related to criminal acts;
- If it infringes upon the rights, such as copyrights of the Company or copyrights of a third party;
- If it exceeds the posting period or volume established by the Company;
- If a Member posts pornographic content in the bulletin board or posts hyperlinks to pornographic websites;
- If it is believed to be discrepant with the nature of the bulletin board; or
- If it is thought to be violating these General Terms and Conditions by any other means.
(2)The Company may amend the database of a Member if circumstantially deemed unavoidable by the Company.
Article 14 (Copyrights to Posted Content)
(1)All rights and liabilities with regards to any posted content will accrue to the person who posted such content, and the Company may not, without the consent of such person, use such content for any profit-making purpose other than for the offering of the Services. Notwithstanding the preceding sentence, the Company may use such content for any non-profit-seeking purpose, and the Company also has the right to post and edit such content within the scope of the Services.
(2)Copyrights of company-prepared works posted on the Website or the Services belong to the Company.
(3)Members are not allowed to process or sell information or content obtained through the Services.
(4)If a Member terminates the Membership or is terminated for a rational reason, then the Company is allowed to delete such Member’s postings.
Article 15 (Insertion of Advertisements and Transactions with Advertisers)
(1)The Company is able to offer and invest for the basis of Services, partly from the advertisement profits. Users of the Services hereby consent to being exposed to advertisements while utilizing the Services.
(2)The Company shall not be liable for any losses or damages incurred by any Member as a result of such Member’s participation in promotional activities of an advertiser conducted through the Services or described as part of the Services, or as a result of a Member’s communication or transactions with advertisers.
Article 16 (Provision of Programs)
(1)The Company may recommend Members to install separate programs (the “Software”) that may be necessary for the Members to use the Services, and the Members may refuse such installation if they so desire.
(2)The Company may collect and use data regarding the PCs of the Users as part of the product support services provided to the Users in connection with the Software.
(3)The Company may use the data explained in Section (1) above only for the purpose of improving the Software or providing the Services or technology suitable for the use environment of the Users, and for no other purposes.
(4)For more efficient transmission of large-volume data, the Company may use some of the Users’ PCs and network resources, as follows:
- The Software may use the network equipment of the Users’ PCs as necessary;
- The Software may use the storage of the Users’ PCs; and
- The Software may be operated automatically in the Users’ PCs even if the Users do not intend for that to happen.
Article 17 (Service Hours)
(1)The Services are provided throughout the year, 24 hours a day, unless there are technical difficulties, scheduled maintenances, or special circumstances of the Company.
(2)The Company may divide up the Services and designate specific service hours for different services. In such case, the Company shall notify the Members of such schedule.
Article 18 (Responsible Use of the Services)
Members may not conduct business activities of selling products using the Services provided by the Company, especially through hacking, posting money-making advertisements, pornographic sites, etc., and distributing illegal software programs. Company shall not be liable for the results of business activities, losses, and punishment by the related authorities or other legal actions that may arise as a result of the Users’ failure to comply with the above provisions.
Article 19 (Suspension of Provision of the Services)
(1)In any of the following cases, the Company may suspend provision of the Services:
- If unavoidable, due to repair or other works involving the facilities for the Services;
- If the key communications business operators as set forth in the Telecommunications Business Act stop providing telecommunications services; or
- If there is any other force majeuore event.
(2)The Company may restrict or suspend the provision of certain or all of the Services if there are difficulties in normal utilization of the Services due to, among others, national emergency, electric power failure, technical difficulties involving the facilities for the Services, or massive use of the Services.
(3)In the event of restriction or suspension of the Services under Sections (1) and (2) above, the Members shall be notified by the Company without delay of the reasons and expected period of such restriction or suspension.
(4)The Company may change some or all of the Services if there is a reason justifying such change considering the operational or technical needs of the Company.
(5)In the event of a change in the details, method of use, or available hours of the Services under Section (4) above, the Company shall, prior to such change, post on the initial screen of the Services on the Website the reasons for such change, details of the Services after such change, and the date of the provision of such Services as changed.
(6)The Services provided for free of charge may be changed, modified or suspended if there are any reasons justifying such change for the operational or technical needs of the Website. In such case, the fact of such change, modification or suspension shall be posted on the initial screen of the Services on the Website, and the Members shall not be separately compensated therefore in view of the nature of the Services provided free of charge, unless there are special provisions in the relevant laws and regulations.
Article 20 (Different General Terms and Conditions for Different Services)
For the use of the Services, there may be separate General Terms and Conditions (or public announcements), other than these General Terms and Conditions. In case of a conflict between such separate General Terms and Conditions and these General Terms and Conditions, the General Terms and Conditions most applicable to the Services in question shall prevail.
Article 21 (Special Provision for Foreign Users)
The Company is working on providing standard Services that apply to all persons, while at the same time abiding personal laws and requirements of the home countries of foreign Users. The provisions herein applies to Members using the Services in countries other than Hong Kong.
(1)The Members shall consent to the submission and storing of their information data in Hong Kong.
(2)Users residing in countries that are forbidden by the Hong Kong government to export to, on the special designated nations list, shall not participate in or use commercial Services (such as advertisements and payments).
TERMINATION AND RESTRICTION OF USE
Article 22 (Termination and Restriction of Use)
(1)A Member desiring to terminate the Service Use Agreement shall make an online request using electronic mails or by contacting the Company by telephone.
(2)If a Member commits any of the following acts, the Company may, without prior notice to such Member, terminate the Service Use Agreement or suspend use of the Services for a certain period of time:
- If such Member has stolen or made fraudulent use of another person’s personal information, and/or Password;
- If such Member has committed an act that harms the reputation of another person or is otherwise detrimental to another person;
- If such Member has infringed the intellectual property rights of the Company, of another Member, or of a third party;
- If such Member has intentionally spread or disseminated content that harms societal well-being, or good social morals and customs;
- If such Member plans to use, or uses, the Services for the purpose of undermining national interests or the public interests of society;
- If such Member has intentionally interfered with the operation of the Services;
- If such Member transmits large volumes of information or information of advertising nature in order to interfere with stable operation of the Services;
- If such Member spreads or disseminates a computer virus program that may cause malfunction of the information and communication equipment and facilities or loss of information;
- If such Member, without prior authorization of the Company, copies or distributes information obtained using the Services of the Company, or uses such information for commercial purposes;
- If such Member posts pornographic content on the bulletin board or provides a link to a pornographic website;
- If such Member has, for a continuous period of one year or longer, failed to log onto the Website at least once to use the Services; provided, however, that the Company shall provide such Member a prior notice of scheduled termination of the Service Use Agreement, offering the Member an option to keep the Service Use Agreement alive.
(3)If the Service Use Agreement is terminated between a Member and the Company, the Company shall immediately destroy all information relating to such Member, except for following reasons:
- If such exceptional keeping is necessary pursuant to the relevant laws and regulations;
- If such information is stored for thirty (30) days to prevent additional damage to Members or for counseling purposes with customers.
(4)A Member who consented to “CJ ENM HK” previously shall not be able to utilize such Member’s preexisting login email address and Password as a replacement for the integrated Services provided by the Company and shall be subjected to the Terms and Conditions for “CJ ENM HK.”
COMPENSATION FOR DAMAGE AND MISCELLANEOUS PROVISIONS
Article 23 (Compensation for Damage)
The Company shall not be liable for any damage that may be incurred by a Member in connection with his or her use of the Services provided free of charge, unless the Company has acted with willful misconduct or gross negligence. Compensation for damage with respect to Paid Services shall be as set forth in these General Terms and Conditions for the Services concerned.
Article 24 (Exemption Clause)
1. The Company shall be exempt from responsibility for provision of the Services if such inability to provide the Services is due to an act of God or a force majeure event equivalent thereto.
2. The Company shall not be liable to a Member for a technical difficulty involving the use of the Services if such difficulty is due to a cause attributable to such Member.
3. The Company shall not be liable for loss of profit that a Member expected to enjoy using the Services or the damage incurred by a Member due to data obtained through the Services.
4. The Company shall not be liable for the reliability and, accuracy of the information, data, or facts posted by the Members on the Services.
5. The Company shall not be liable for damage incurred by a Member in connection with use of the Services, to the extent that such damage is due to willful misconduct or negligence on the part of such Member.
6. The Company shall not be liable for any Member’s penal responsibility stemming from information posted on the Website by such Member infringes the copyright or program copyrights of other persons.
Article 25 (Competent Court)
1. For Members residing in Hong Kong, any lawsuit filed in connection with a dispute arising from the use of the Services shall be subject to a jurisdiction of a district court of involving Member’s place of residence. However, if a Member’s place of residence is unavailable or is outside of Hong Kong, any lawsuit filed in connection with a dispute arising from the use of the Services shall be subject to a jurisdiction of a district court of the Company’s address.
Current Terms and Conditions effective starting as of 22 May 2017
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