Terms of Use

This Agreement governs your use of https://www.eightstock.com/ (known as “Website”). To learn about usage rights for our content, please read our License Agreement.

The Website is wholly owned by United Gig Ltd (known as “United Gig”). Access and use of the Website is provided to you by United Gig on condition that you accept the terms governing your usage of the Website (known as “Terms of Use” or “Agreement”) and by accessing or using the Website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website and should immediately exit from the Website.

This Agreement is congruent to the Licence Agreement (applicable for membership) and the other relevant agreements under the General terms and conditions of use, and by you accepting this agreement you are deemed to have read and agreed to the Licence Agreement, the other relevant agreements under the General terms and conditions of use (collectively known as “Relevant Agreements”).

United Gig may revise and update these Terms of Use. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website after the date such revised Terms and Conditions are posted.

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1. Use of the Website

a. The Website and its contents (collectively known as the “Content”) are intended for members of United Gig. You shall not use the Website or the Content for any purpose not related to your business with United Gig. Any Content downloaded by you from the Website is licensed to you by United Gig. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the Website License Agreement and any relevant agreements.

b. You are specifically prohibited from:-

i. downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, the License Agreement with United Gig

ii. using any data mining, robots or similar data gathering or extraction methods;

iii. manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology;

iv. registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any product or service of United Gig if you are not expressly authorised by such party to do so; and

v. using the Website or the Content other than for its intended purpose, as determined solely in United Gig’s discretion, including but not limited to, pornographic, defamatory, offensive, harassment, abusive or threatening others, politically endorsing, offensive, obscene, ethically or culturally offensive, indecent, sexually explicit, immoral, intrusive of privacy or illegal or in any manner which endorses violence, or acts of terrorism; for use of adult entertainment services or venues, tobacco products, medical products for treating health issues related to sex, mental condition or terminal illness, dating websites or apps is discriminatory towards race, gender, religion, faith or sexual orientation, or violation of any intellectual propriety rights, or any other unlawful manner or may render the United Gig or third parties to disrepute.

c. You shall not upload or post onto the Website, or use the Website to transfer any Content or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not attempt to gain unauthorised access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to you by United Gig on or through the Website.

d. You may not interfere with the security of, or otherwise abuse the Website or any system resources, services or networks connected to or accessible through the Website. You may only use the Website for lawful and authorised purposes.

e. You may be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

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2. Third Party Account

a. As part of the functionality of the Website, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Website; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

b. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

c. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

d. Your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement with such third party service providers.

e. We make no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any social network content.

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3. You Represent and Warrant as follows:

a. You are at least 18 years of age (or of legal age in your country where you are allowed to enter into legal contract) and have the right to enter into this Agreement;

b. You will not use the Content in any way that is not permitted by this Agreement, the Licence Agreement or any other relevant agreements;

c. Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;

d. All information provided by you to United Gig is accurate and true, including without limitation all credit card information;

e. You agree that all passwords to your United Gig account are only for your personal use and you are solely responsible to keep the password in strict confidence. You are not to share or disclose any password or log in information to any other user or third party other than as specifically provided for herein.

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4. Intellectual Property

a. The Content (including the organisation and presentation of such content) on the Website are the property of United Gig and its licensors and are protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. United Gig retains all rights not expressly granted by this Agreement. Unless you have entered into a Licence Agreement with United Gig, any other use of these without United Gig’s written permission is strictly prohibited.

b. Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Hong Kong Special Administrative Region, foreign jurisdictions, and international conventions.

c. Your agreement to have access to the Website shall not in any way mean any transfer or assignment of any intellectual or proprietary rights of any data, information whatsoever available on the Website but merely a license to have access to the Website or to download Content as may be agreed and in accordance to the terms and conditions stated in the Relevant Agreements.

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5. Trademarks

a. “eightstock” and any other product or service name or slogan contained in the Website are trademarks of United Gig and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of United Gig or the applicable trademark holder.

b. You shall not use metatags or any other “hidden text” utilising “eightstock” or any other name, trademark or product or service name of eightstock without the prior written consent of United Gig. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of eightstock and may not be copied, imitated or used, in whole or in part, without the prior written consent of United Gig.

c. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by United Gig.

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6. Privacy

United Gig is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit the Website. Please see our Website Privacy Policy for further details.

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7. Currency of Website

United Gig updates the information on the Website regularly. However, United Gig cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Website. United Gig may revise, supplement or delete information, services and/or resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

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8. Linked Sites

a. The Website may provide links to third party Sites for your convenience only. The inclusion of these links does not imply that United Gig monitors or endorses these Sites. United Gig does not accept any responsibility for such Sites. United Gig shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any information, content, goods or services available on or through any third party Sites or linked resources.

b. You may be able to link your account with the Website to your social media account by following the link up procedure.

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9. Disclaimer

a. United Gig may modify, replace, or discontinue the Website or any part thereof at any time, for any reason, with or without notice, in United Gig’s sole discretion. The Website and the Content are provided “as is” and “as available” basis with all faults without representation, warranty or condition of any kind, either express or implied, including but not limited to the implied representations warranties or conditions of merchantability, or fitness for a particular purpose. United Gig does not represent or warrant that the Website or the Content on the Website will meet your requirements or that their use will be timely, secure, accurate, reliable, uninterrupted or error free. Any Content downloaded from or otherwise accessed through the Website is downloaded or accessed at your own risk.

b. United Gig cannot guarantee that the Content provided is not in violation of any copyright laws by the Contributors or third parties. United Gig shall not be held responsible or liable for any infringement of copyright laws by the Contributors or third parties.

c. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website. Computer viruses or other destructive programs may also be inadvertently downloaded from the Website. In furtherance thereto, United Gig shall not be held responsible or liable for any downtime or discontinuance of the Website, which the latter is in the absolute discretion of United Gig.

d. United Gig shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs and/or losses or damages caused by hackers or cyber terrorists or third party interference that may infect, affect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Content from the Website. United Gig recommends that you install appropriate anti-virus or other protective software.

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10. Limitation of Liability

a. You shall assume all responsibilities and risks for use of the Website and the Content including without limitation any of the information contained therein.

b. In no event shall United Gig or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, direct or indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit, or other proceedings arising under or out of these Terms of Use, including without limitation your use of, reliance upon, access to, or exploitation of the Website, the Content or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

c. In any event, the total, maximum aggregate liability under these Terms of Use or the use or exploitation of any or all part of the Website or the Content in any manner whatsoever shall be limited to USD Five (USD$5.00) only.

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11. Indemnification

a. You agree to indemnify and hold United Gig, its directors, shareholders, officers, employees, partners and agents harmless against all claims or liability asserted against United Gig arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

b. United Gig respects the copyright of others, and United Gig ask its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide United Gig with a written communication via email to support@eightstock.com including substantially the following information:-

i. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;

ii. description of the copyrighted work or other intellectual property that you claim has been infringed;

iii. a description of where the material that you claim is infringing is located on the Website;

iv. your address, telephone number, and email address;

v. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

c. Notwithstanding the above, you expressly acknowledge and agree that United Gig is not obligated in any way whatsoever to carry out any investigation into any allegation as above but merely to assist you to gather information lawfully retrievable from our data. You have no rights to hold United Gig responsible or liable for not providing you any information from United Gig’s data and/or you shall have no claim whatsoever against United Gig for any loss or damages whether directly or indirectly pertaining to the this clause.

d. However, the Internet is not a fully secure medium and any communication, suggestions, feedback, concepts or ideas logos, businesses (collectively known as “information”) provided by you on the Website may be lost, intercepted or altered. United Gig is not liable for any damages or losses whether directly or indirectly, related to communications to or from the Website. For avoidance of doubt, all information shall belong to United Gig absolutely. You agree with respect to any information provided by you to us through the Website or via e-mail that:-

i. United Gig has no obligation concerning such information;

ii. the information is public and non-confidential, and United Gig has absolute right to such information and can be copied, used, disseminated for commercial use or otherwise without any notice to you;

iii. United Gig may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and the information is truthful and disclosure of the information does not violate the legal rights of others.

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12. User Data & Content

All information and personal data provided by you shall be correct and accurate. United Gig and its related or subsidiary companies or partners shall be entitled to use such information and personal data provided by you strictly for the purpose of your use of the Website and United Gig’s business. United Gig adheres strictly to personal data protection and all information and personal data will remain with United Gig until lawfully deleted by United Gig within 180 days from the date of lawful termination of your account 

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13. Applicable law

a. The Website is controlled, operated and administered by United Gig from within the Hong Kong Special Administrative Region. The Website can be accessed from all provinces and territories of the Hong Kong Special Administrative Region as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Hong Kong Special Administrative Region, by accessing the Website, you acknowledge and agree that all matters relating to access to, or use of the Website shall be governed by the laws of the Hong Kong Special Administrative Region (without reference to conflicts of laws principles).

b. You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the laws and exclusive jurisdiction of the Hong Kong Special Administrative Region and acknowledge that you do so voluntarily.

c. You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to United Gig such that damages and remedies under the Hong Kong Special Administrative Region for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of the Hong Kong Special Administrative Region, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.

d. United Gig restricts and will not accept any application by intended users from countries listed in Non-Cooperative Countries and Territories & United Nations Sanctions Ordinance of the Hong Kong Special Administrative Region. 

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14. Consequences of breach by you

a. United Gig in its absolute discretion, shall be entitled to in its absolute discretion, to any of the following in the event of breach or suspected breach by you of any of the terms and/or representation or warranties herein and/or the Relevant Agreements:-

i. immediately terminate this Agreement whether with or without notice to you

ii. freeze or suspend your account and/or retain and/or forfeit all unpaid payments pursuant to this agreement (if any)

iii. forfeit all payments made in advance by you

iv. seek any legal or equitable remedies against you.

v. send you one or more formal warnings to your last known email address;

vi. permanently prohibit you from accessing the Website;

vii. block computers using your IP address from accessing Website;

viii. contact any or all of your internet service providers and request that they block your access to the Website.

Where United Gig suspends or prohibits or blocks your access to the Website, you have to rectify any breach within the time set by United Gig failing which you shall not be entitled to any appeal to such decision by United Gig and/or any form of action legal or otherwise to circumvent such suspension, prohibition or blocking.

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15. Website Management

We reserve the right, but not the obligation, to:

i. monitor the Website for violations of these Terms and Conditions;

ii. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

iii. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Contributions as defined below or any portion thereof;

iv. in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

v. otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

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16. General

b. United Gig’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any of the provisions herein or any part thereof is wholly or partially unenforceable it shall not affect the entire of the Agreement. Any dispute will be resolved through mediation and if in the event the parties are unable to agree, the rights of the party under the laws of Hong Kong Special Administrative Region will be applicable to put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

c. This Agreement is not assignable by you unless consented to by United Gig. This Agreement is binding on your heirs and personal representative and the successors in title and assigns of United Gig.

d. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions.

e. Your continued use of the Content, services and/or the Website implies your full consent to United Gig’s use of your corporate / business identity logos for promotional purposes without the need for payment of any consideration thereof.

f. The establishment, effectiveness, interpretation and execution of this Agreement shall all be governed by the laws of the Hong Kong Special Administrative Region, subject to its jurisdiction, and without regard to the conflict of laws principles.

g. Contact
If you have concerns relating to the Website or these Terms of Use, please contact us at support@eightstock.com

h. Any notice to be given to you will be via email provided by you.

i. Electronic Agreement
You have agreed and reaffirm your agreement to the terms and conditions herein electronically by having access to the Website.