Terms and Conditions
360IMG ("the Website") is owned, operated and maintained by or for Eastern Color International Limited ("Eastern Color"). Please read the following terms and conditions ("Terms an Conditions") before you access, browse and use the Website.
1. The Agreement
These Terms and Conditions constitute the entire agreement and a legally binding agreement between you and Eastern Color. You are deemed to accept these Terms and Conditions when you access and use the Website.
2. The Services
Eastern Color agrees to provide the following service(s) via the Website depending on the service plan you subscribed.
New service or feature will be updated or amended from time to time.
3. Payment Terms
You will be charged on a monthly basis in USD according to the Service Plan for which you have subscribed. All payments made through your account are not refundable. Eastern Color reserves the right, in its sole discretion, to adjust the monthly fees and service plans from time to time without prior notice to you. If your usage exceeds the limits in the respective service plan and you fail to top up for such service plan, Eastern Color is entitled to terminate your account without prior notice.
4. Warranties and Representations
4.1 True, accurate and valid information
You warrant that any and all data, information or materials of any kind provided to or uploaded onto the Website ("the Content") are true, accurate and valid.
4.2 Copyright, Trademark, Intellectual Property or Proprietary Rights
You warrant that the Content does not infringe or misappropriate any copyright, trademark or other intellectual property or proprietary right of any third party. Eastern Color shall not be liable for any and all losses, damages, costs, expenses or legal liabilities resulting from any infringement of intellectual property rights.
4.3 Compliance with Law
You warrant that any act in using the Website is in compliance with all applicable laws and regulations. Eastern Color shall not be liable for any and all losses, damages, costs, expenses or legal liabilities arising out of your breach or violation of any and all applicable laws and regulations.
4.4 No Unlawful or Prohibited Use
You warrant not to use the Website for any purpose that is unlawful and/or prohibited by these Terms and Conditions and any applicable laws. You may not use the Website in any manner, which could damage, disable, disrepute, overburden, or impair the Website or interfere with any other user’s use and enjoyment of the Website. Eastern Color reserves its right to delete any content, information, photos or data provided to or uploaded onto the Website in its own discretion. You shall be solely responsible for any and all losses, expenses, costs or legal liabilities resulting from any unlawful or prohibited act or use
5. Links to Third Party Sites
Under the Data Publishing System, the Website may share the Content to other websites including but not limited to Facebook, eBay, WeChat, Yahoo Auction, etc ("Linked Sites"). The Linked Sites are not under the control of the Website and Eastern Color is not responsible and liable for the contents of any Linked Sites, including without limitation any link contained in the Linked Sites, or any changes or updates to the Linked Sites. The Website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Website of the Linked Sites or any association with its operators.
You hereby grant Eastern Color a non-exclusive, transferable, worldwide, irrevocable, sub-licensable and royalty-free license to use, copy, amend, rewrite, publish, translate, distribute, execute and exhibit any and all data, information or materials of any kind you have provided to or uploaded onto the Website.
7. Data Protection and Privacy
7.1 Use of Personal Information and the Content
You understand and agree that by using the Website, you consent to the Eastern Color’s collection, use, processing and storage of your personal information and the Content for any purpose pursuant to these Terms and Conditions.
Eastern Color will take appropriate measures to guarantee security of the Content including but not limited to any storage data.
8. Indemnification and Warranties
You shall indemnify and hold Eastern Color harmless against any and all claims, losses, costs, liabilities and expenses (including but not limited to legal fees and costs) suffered by Eastern Color arising out of (1) your content or use of your content, including but not limited to any infringement of copyright, trademark or other intellectual property or other rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libellous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach or violation of any representations and warranties by you or your authorized users.
Eastern Color hereby disclaims all representations, warranties or conditions of any kind, whether express or implied or statutory, including but not limited to all warranties of merchantability, fitness for a particular purpose, and all warranties that may arise from course of performance and course of dealings.
Eastern Color does not warrant that any use of or access to any or all parts of the Website, including but not limited to the use of service provided by Eastern Color to you will be error-free and 100% accurate. Eastern Color shall not be liable to you or any other parties for any loss of income, business or profits, or any loss or damage to the Content, or any other loss or damage as a result of any defects, errors or failures of any or all parts of the Website, including but not limited to the hosting and display platforms, the data analytics service and the publishing systems.
In no event will Eastern Color be liable for any and all special, indirect, consequential losses of any kind whatsoever arise including but not limited to loss of income, business or profits, loss of data, loss of use, loss of storage or loss of any kind in respect of any suspension of service, discontinuance and termination of the hosting and display platforms, polishing systems and any parts or all parts of the Website.
10. Amendments to the Terms and Conditions
The Website shall have the right, in its sole discretion, to amend and restate this Agreement from time to time without prior notice. You are deemed to accept the amended Terms and Conditions when you continue to access and use the Website.
11. Term and Termination
These Terms and Conditions shall become effective on the date when you tick the box below, indicating you have read and agree to these Terms and Conditions. Unless terminated earlier pursuant to these Terms and Conditions, the term shall expire in accordance with the respective service plan.
11.2 Termination for Cause
If you breach any obligations, undertakings, representations or warranties under these Terms and Conditions including but not limited to the failure to make the monthly payment or for any other reasons, Eastern Color may terminate these Terms and Conditions at any time without reason and notice to you. Eastern Color will not make any refund for any payments of charges incurred through your account prior to the said termination.
12. Jurisdiction and Governing Law
This Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China ("HKSAR") and the parties submit to the courts of HKSAR.