本营科技付费内容订阅协议
第1条 前提
1. 本营科技会员服务是有偿的增值服务,为使用“本营科技”咨询会员服务(包括但不限于通过网站、微信公众号、或其他现在以及将来推出的与会员功能相关的所有服务,以下称“本服务”或统称“本营科技”),请您(以下亦称“用户”)仔细阅读《“本营科技”会员协议》(以下称“本协议”),以及《本营科技付费内容订阅协议》、《使用条款》等各项本营科技平台的制度规范的全部条款,并确认您已完全了解本协议之全部条款的含义,特别是免除或者限制责任的条款,以及开通或使用某项服务的单项规则,并选择接受或不接受。限制、免责条款可能以加粗、下划线等形式提示您注意。未成年人应当在监护人陪同和指导下阅读本协议,并在使用本协议项下服务前取得监护人的同意。
2. 除非您已阅读并接受本协议所有条款,否则您无权使用本服务。您同意本协议及其他规则的方式包括但不限于:
3.本协议将构成您与北京本营科技有限公司以及与本服务开发、运营的关联方(以下合称“我们”)之间直接有约束力的法律文件。我们有权在必要时修改本协议条款。您可以在本软件的最新版本中查阅相关协议条款。如本协议与本服务的实际功能设定有冲突的,以实际功能设定为准。本协议条款变更后,如果您继续使用本服务,即视为您已接受修改后的协议。如果您不接受修改后的协议,应当停止使用本软件及本服务。
4. 您可以直接从我们的网站上获取本软件,也可以从得到我们授权的第三方获取。如果您从未经我们授权的第三方获取本软件或与本软件名称相同的安装程序,我们无法保证该服务能够正常使用,并对因此给您造成的损失不予负责。
第2条 本服务的内容
1. 本营科技会员是指有效注册、开通本营科技帐号、付费使用本服务的本营科技用户。若用户选用其他第三方帐号登录本营科技的,应保证第三方帐号的稳定性、真实性以及可用性,如因第三方帐号原因(如第三方帐号被封号等)致使用户无法登录本营科技的,用户应与第三方帐号的所属公司联系。用户在使用本营科技会员服务时登录的帐号是本营科技确认用户身份的唯一依据。
2. 本营科技会员服务是本营科技为用户提供的有偿增值服务,用户向本营科技支付相关费用后,方可享受专门为会员提供的各项服务。
3. 「本营科技会员」以下简称「会员」。
4. 您可以注册一个本服务的帐号。本服务帐号的所有权归“本营科技”所有,用户完成申请注册与会员购买手续后,仅获得本服务帐号的使用权,且该使用权仅属于初始申请注册人。同时,初始申请注册人不得赠与、借用、租用、转让或售卖本服务帐号或者以其他方式许可非初始申请注册人使用本服务帐号。非初始申请注册人不得通过受赠、继承、承租、受让或者其他任何方式使用本服务帐号。
5. 您有责任妥善保管会员帐户信息及帐户密码的安全,您需要对注册帐户以及密码下的行为承担法律责任。您同意在任何情况下不向他人透露帐户及密码信息。当在您怀疑他人在使用您的帐号时,您应立即通知我们。
6. 用户注册本服务帐号后如果长期不登录该帐号,我们有权回收该帐号,以免造成资源浪费,由此带来的任何损失均由用户自行承担。
7. 除本协议之外,您在使用本软件某一特定服务时,该服务可能会另有单独的协议、相关业务规则等(以下称“单独协议”),您在使用该项服务前请阅读并同意相关的单独协议;您使用前述特定服务,即视为您接受相关单独协议。
8. 您理解并同意,我们有权决定将本软件及本服务作商业用途,包括但不限于开发、使用本软件的部分服务为第三方作推广等,我们承诺在推广过程中严格按照本协议约定保护您的个人信息,同时您亦可以根据系统设置选择屏蔽、拒绝接收相关推广信息。
9. 您理解并同意,我们将会尽其商业上的合理努力保障您在本软件及本服务中的数据存储安全和顺利使用,但是,我们并不能就此提供完全保证,包括但不限于以下情形:
10. 为了向您提供有效的服务,本软件会利用您终端设备的处理器和带宽等资源。本软件使用过程中可能产生数据流量的费用,用户需自行向运营商了解相关资费信息,并自行承担相关费用。
11. 会员在付费的有效期内享受本营科技会员的各项增值服务,会员资格取消/终止后,将不能再享受会员的各项增值服务,即不再享有本营科技会员服务。
12. 会员一经购买及开通,将不得在有效期内中途取消或终止会员资格,或要求退还会员费用。
第3条 服务费用
1. 您可以在开通服务界面通过本营科技认可的支付方式完成支付来开通会员服务。具体服务期限以相关页面显示为准,本营科技可能在一定期限内将根据用户购买数量的不同提供不同幅度的优惠,本营科技保留促销或开展优惠活动的权利,具体优惠信息以会员支付页上内容为准。
2. 您在开通服务时,应仔细核对帐号名称、开通服务类型与时长等具体信息。如因用户个人原因造成充错帐号、开通错服务或时长等情况,本营科技不予退还已收取的费用。
3. 付费会员服务费用的收取方式以相关页面展示的银行转账信息为准。本营科技发出的有关收费的通知、提示信息均为本协议的组成部分。
第4条 服务内容
1. 本营科技将为会员提供多种专有的增值会员服务,具体内容以本营科技提供的为准。
2. 本营科技有权根据实际情况随时调整服务内容。
第5条 服务的开通与终止
1. 本营科技用户完成银行转账,获得本营科技的通知即可成为会员。
2. 会员有效期自会员服务开通之时起算,具体有效期时间可以在个人会员页查看。
3. 会员有效期终止后,本营科技将终止提供增值会员服务。
4. 会员在会员有效期内续费,有效期将在原服务有效期基础上延长。
5.我们拥有本协议的最终解释权。
第6条 用户行为规范
1. 除非我们书面许可,您使用本软件过程中不得从事下列行为:
2. 您理解并同意,您必须为自己注册帐号下的一切行为负责,包括您所发表的任何内容以及由此产生的任何后果。您应对本服务中的内容自行加以判断,并承担因使用内容而引起的所有风险,包括因对内容的正确性、完整性或实用性的依赖而产生的风险。我们无法且不会对因前述风险而导致的任何损失或损害承担责任。
3. 如果我们发现或收到他人举报或投诉用户违反本协议约定或本服务其他规则的,我们有权不经通知随时对相关内容进行删除、屏蔽,并视行为情节对违规帐号处以包括但不限于警告、限制或禁止使用部分或全部功能、帐号封禁直至注销的处罚,并公告处理结果。
4. 您理解并同意,我们有权依合理判断对违反有关法律法规或本协议规定的行为进行处罚,对违法违规的任何用户采取适当的法律行动,并依据法律法规保存有关信息向有关部门报告等,用户应独自承担由此而产生的一切法律责任。
5. 您理解并同意,因您违反本协议或相关服务条款的规定,导致或产生第三方主张的任何索赔、要求或损失,您应当独立承担责任;我们因此遭受损失的,您也应当一并赔偿。
第7条 知识产权声明
1. 我们是本软件以及本服务的知识产权权利人。本软件提及本服务的一切著作权、商标权、专利权、商业秘密等知识产权,以及与本软件和本服务相关的所有信息内容(包括但不限于文字、图片、音频、视频、图表、界面设计、版面框架、有关数据或电子文档等)均受中华人民共和国法律法规和相应的国际条约保护,我们享有上述知识产权,但相关权利人依照法律规定应享有的权利除外。
2. 未经我们或相关权利人书面同意,您不得为任何商业或非商业目的自行或许可任何第三方实施、利用、转让上述知识产权。
第8条 保密条款
1. 本条款不受协议终止、中止或有效与否的影响而持续有效。
2. 在履行服务中,您可能会获得我们非公开、专有及机密性质的信息,包括但不限于我们的模型、方法、白皮书、产品、服务、业务、活动、软件、系统、运营、财务,战略,计划等专有信息或商业秘密,以上信息均是我们的保密信息,您理解并同意,将采取一切合理的措施保护并避免披露或使用我们的上述信息,防止其变为公开信息或为他人所有,应以保护自身保密信息的最高保护程度保密我们的相关保密信息。
3. 您理解并承诺,除前款所列保密信息外,任何第三人不能通过公开或合法方式取得的信息均是保密信息的范围,应尽所能的采取合理、完善的措施保密,双方对因签署或者履行本协议而获悉之对方的一切业务信息和资料均应严格保密。应确保所有保密信息仅用于本合同约定的合法用途,不得以任何形式擅自使用、向未获授权的第三方披露或用于商业竞争目的。
4. 未经我们或相关权利人书面同意,任何一方不得以任何方式泄露、使用或允许他人使用任何保密信息。
第9条 反腐败反商业贿赂反洗钱条款
1. 本条款不受协议终止、中止或有效与否的影响而持续有效。
2. 我们不会以任何方式贿赂您及/或关联公司员工,不私下向员工及其亲属或关联方直接和间接提供回扣、佣金、礼品、薪金、报酬或者可能对本合同的签署或履行产生实质性影响的利益。
3. 您理解并承诺在本协议履行期间及与相关的所有活动中,任何一方均应严格遵守所有适用的反腐败和反商业贿赂法律法规。
4. 我们不会进行、授权进行或批准任何将导致公司违反任何反洗钱等相关法律法规的行为。
第10条 责任声明
1. 如果您行使本协议规定的权利而购买/接受本营科技以外的第三方商户提供的商品或服务,如因此发生纠纷的,您应向销售/提供该商品或服务的第三方商户主张权利,与本营科技无关。
2. 本营科技在目前技术水平下,确保服务的连贯性和安全性,最大程度地保障本服务的正常运行。但由于不可抗力、病毒、木马、黑客攻击、系统不稳定、通信线路故障、第三方服务瑕疵、政府行为等原因可能导致的运行中断、数据丢失以及其他的损失和风险,是当时行业技术水平所无法避免的且本营科技无法控制的,由此给您造成的服务延迟和暂缓、数据或信息丢失等损失,您同意放弃追究本营科技的责任。
第11条 其他
1.本协议其他条款未明示授权的其他一切权利仍由我们保留,您在行使这些权利时须另外取得我们的书面许可。我们如果未行使前述任何权利,并不构成对该权利的放弃。
2. 会员的所有权和运营权,以及会员制度和活动的制订权均归本营科技所有,本营科技在法律规定的范围内拥有解释权。
3. 本协议所有条款的标题仅为阅读方便,本身并无实际涵义,不能作为本协议涵义解释的依据。
4. 本协议条款无论因何种原因部分无效或不可执行,其余条款仍有效,对双方具有约束力。
5. 本协议的成立、生效、履行、解释及纠纷解决,适用中华人民共和国大陆地区法律(不包括冲突法)。
6. 若您和我们之间发生任何纠纷或争议,首先应友好协商解决;协商不成的,您同意将纠纷或争议提交北京朝阳区仲裁委员会通过当时有效的仲裁规则解决。仲裁的裁决是终局的,对双方均有约束力。
7. 如有任何疑问,请电邮:support@acecamptech.com
本营科技付费内容使用条款
一、订购
1.成功订购或续签订购本营科技主题内容,即表示您同意并愿意遵守本订阅协议。
2.订阅价格含税。订阅价格包括本协议项下应支付的所有费用,包括但不限于增值税、附加税等相关税费。甲方不再因本合同委托事项向乙方另行支付其他费用。
3.订阅成功后,我们授予您访问和使用您所订阅的本营科技付费内容,并安装和使用订购附带软件的权利,本协议中提供相关的详细说明。我们保留所有其他权利。
4.您对产品及内容的使用必须遵循本协议。您不得对产品进行反向工程、反向编译、反汇编或绕过产品技术限制。对于计量您对订阅服务使用情况的任何计费机制,您不得禁用、篡改或以其他方式尝试规避。
5.您不得将订阅内容其中的任何部分出租、租赁、出借、转售、转让或托管给第三方,不得明示或默示给任何第三人使用,不得再次销售订阅内容,不得以任何收费或免费的方式公开传播订阅内容。
6.您应负责维护与使用订阅服务相关的任何非公开身份验证凭证(如登录密码)的保密性。如有任何可能的帐户或身份验证凭据的误用或任何与在线服务有关的安全意外行为,您必须立刻通知我们的客户支持团队。因您主动泄露身份验证凭证导致账户丢失的,由您承担相应后果。
二、期限、终止与暂停
1.期限。本协议在您的订购到期、终止或续签(以时间较早者为准)之前仍然有效。订阅主题的有效期规格为365天。
2.续订。当主题订阅到期后,您将无法查看该主题的付费内容(包括历史文章),您可以选择续订。已订阅的主题续订成功后,会在原订阅有效期的截止日期后自动增加相应的有效期。
3.终止。您可在订购期内随时终止订购,但在终止生效前,您必须支付所有应付款项和欠款。
4.订阅为自愿行为,且订阅内容为特殊商品,您的订阅一经付款即为生效,恕不退款、不退A币、不能转换其他作者。
三、免责声明
您理解并同意,我们的订阅内容不做出任何明示或默示的保证,所有内容仅供参考,您已知晓投资风险并愿意自行承担。
四、违约责任
1.如果出现下述一种或多种情况,则我们可在不通知的情况下暂停您对在线服务的使用或终止您的订购并回收您的帐户:
2.如果您违反(一.4)条、(一.5)条的约定,您将向我们支付额外的使用费,该费用为人民币5万元,本条可作为我们提起诉讼时的追偿依据。
3. 本合同项下甲方需支付的违约金、滞纳金、赔偿金等(如有),需在收到乙方开具的等额有效的增值税普通发票(发票内容:信息技术服务*技术服务费,税率6%)后支付。
五、其他
1.通知。您可以通过电子邮件方式将通知和请求发送至以下地址:support@acecamptech.com。您同意接收我们的电子通知,这些通知将通过电子邮件发送给您在注册时指定的邮箱。通知在服务器显示送达的日期生效,无论您是否实际查收。您负责确保您在账户中指定的电子邮件地址是准确并且最新的。
2.可分割性。如果本协议的任何部分被认定不可执行,其余内容仍然具备完全效力。
3.适用法律和审判地。本协议受中华人民共和国法律的管辖,如有冲突,您同意提交北京市朝阳区人民法院诉讼解决。
4.本协议中所表述的“日”、“天”均指日历日。
5.我们拥有本协议的最终解释权。
Terms of Service
This document explains the terms by which you may use the service of AceCamp International Limited, AceCamp Technology Limited and acecamptech.com (“AceCamp”, “we”, “us”,“our” or “Site”). By accessing or using the AceCamp web based and mobile device based applications provided through or in connection with our services (“Service”), you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”), whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on our website and indicate at the top of the page the date the Agreement was last revised.
Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms of Service. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR ANY FUTURE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO ACCESS) THE SERVICE. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
Use of The Service
AceCamp provides a place for investors to view, search, book and manage their events, schedules and associated data with creators of investor meetings (“Camp Owner”) in real time.
AceCamp grants you a limited, non-exclusive, non-transferable, non-sublicensable permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; (iii) you will not use the Service to advertise, negotiate or solicit offers or sales of securities, futures or other financial transactions; and (iv) you will otherwise comply with the terms and conditions of this Agreement. This permission does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you are reserved and retained by AceCamp or its licensors, suppliers, publishers, rightsholders, or other content providers.
You will need to register with AceCamp and create a “User” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without that User’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, you must keep your account password secure and you must log out of each session after you are finished using the Service. You must notify AceCamp immediately of any breach of security or unauthorized use of your account. AceCamp will not be liable for your losses, including claims, actions, demands, liabilities, charges, debts, expenses (including, but not limited to, attorney’s fees), damages and costs, and including any consequential or indirect losses, economic losses or loss of profits, or loss of data (“Loss” or “Losses”), caused by any unauthorized use of your account; you shall be liable for the losses of AceCamp or others due to such unauthorized use.
By providing AceCamp your email address and other contact information you consent to us to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
You may use your preferences and notifications settings to opt out of many Service-related communications. We may also use your email address to send you other messages, including changes to features of the Service and special offers. We will provide you with the choice when the Service is first established as to whether you want to receive these communications. If at a later time you decide that you want to change your settings to receive or not receive such email messages, you may opt out or opt in by changing the preferences in your Notifications Settings.
You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.
AceCamp may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in AceCamp’s sole determination, you violate any term of the Agreement or applicable law, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud or hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. If your access is terminated, suspended other otherwise altered for any reason, you continue to be bound by this Agreement.
AceCamp reserves the right to offer alternative and/or additional Services to certain administrative users, including administrators of Subscription Users, which may not be offered to general Users. You acknowledge that AceCamp may charge a fee for the use of any Services, provided that AceCamp notifies you of any such fee before you incur it. If you learn that a User is not authorized to be a member of any User account or is otherwise violating this Agreement, we encourage you to email info@acecamptech.com and notify us. You agree you will not accuse any User of being unauthorized or of violating this Agreement unless you have actual knowledge.
User Content
Some areas of the Service may allow Users to post feedback, comments, questions, data, and other information (“User Content”). You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of any User Content. In particular, you acknowledge that AceCamp does not devise User Content and neither takes responsibility for it, nor endorses its accuracy. AceCamp will not review, share, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as maybe required by law. Absent an Account Administrator (as defined below), all such User Content is owned by the User who posted it to the Service, although each User acknowledges and consents that upon the introduction of an Account Administrator into that User’s account, all related User Content will automatically become the property of the company to which the User belongs without any notice to Users of that account. If a User account has an Account Administrator, all such User Content is the property of the company to which the User account belongs (including all User Content posted to a specific Group or Groups within a Subscription account and all User Content created prior to the existence of the Account Administrator).
If you do post content or submit material, and unless we indicate otherwise, you grant AceCamp a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AceCamp and sublicensees the right to use the name that you submit in connection with such content, if they choose. In addition, you should note that if you are no longer an eligible member of a multiple-User Subscription account (e.g., you cease to be employed by the relevant company that owns or controls the account), your access to all User Content you uploaded may be terminated, regardless of whether the network has an Account Administrator. Once a User is removed from an account, the content of that User remains on the Application and is the sole property of the company which administers that account.
By utilizing the Service, you agree to have the domain portion of your email address and/or the company name represented by such domain portion of your email address, listed on the AceCamp website in a directory listing (“Directory”). The purpose of the directory is solely to enable other Users to find and connect with you or your company. The directory is only shown to other Users and is not available without logging into AceCamp; however, please note that Users may be based in, and accessing your contact email information from, any country of the world.
You agree that any User Content that you post does not and will not defame AceCamp or any third party, violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) and rights of publicity, confidentiality and privacy. You understand that publishing any User Content on the Service is not a substitute for registering it with any other copyright or trademark rights organization. For the purposes of this Agreement, “Intellectual Property Rights” means all intellectual property rights, including, but not limited to, patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, domain names, rights in circuit layouts and other intellectual property rights, whether or not such rights are registered or capable or being registered, as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. AceCamp takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any Loss of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. You are solely responsible for obtaining all third party rights and permissions required for you to send, upload or otherwise make available User Content through the Service. AceCamp is not responsible for any public display or misuse of your User Content. AceCamp reserves the right to remove any User Content at any time for any reason. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that AceCamp shall not be liable for any Loss you allege to or actually incur as a result of such User Content. You are solely responsible for your interactions with other AceCamp Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. If you consider that any User Content infringes upon your legal rights, you may notify us of your complaint by email to info@AceCamp.com.hk and we shall take such reasonable action as we deem necessary.
Important Securities Disclaimer
You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.
You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Site are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
No Investment Recommendations or Professional Advice
The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by AceCamp or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
Expert Content Disclaimer
Expert Content on the site includes third party experts’ view and comment on specific industry or companies. AceCamp does not own, develop, endorse, and is not responsible for Expert Content. The use of a company or entity name in Expert biographical or employment information should not be construed as an express or implied endorsement by such company or entity of AceCamp or an express or implied endorsement by AceCamp of such company or entity. Experts are not employees or under the supervision of AceCamp. Experts have agreed to be bound by the Terms and Conditions and have represented, among other things, which they will not disclose information that is subject to a confidentiality obligation or in violation of any agreements or duties owed to employers or other third parties.
Our Proprietary Rights
Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (“AceCamp Content”), and all Intellectual Property Rights related thereto, are the exclusive property of AceCamp. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the AceCamp Content or any other materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose, or we may invite you, to submit comments or ideas about the Service, including, without limitation, about how to improve the Service or our products (“Enhancements”). By submitting any Enhancements, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AceCamp under any fiduciary or other obligation, that we are free to disclose the Enhancements on a non-confidential basis to anyone or otherwise use and profit from the Enhancements in any manner we consider appropriate, in each case without any compensation to you. You acknowledge that, by acceptance of your Enhancement submission, AceCamp does not waive any rights to use similar or related Enhancements previously known to AceCamp, or developed by its employees, or obtained from sources other than you.
Eligibility
This Service is intended solely for professional users from recognized financial institutions, institutional investment firms and corporations. Any registration, use or access to the Service by anyone that does not fit the definition of a “professional user” (being a person who accesses the services solely for use in connection with a commercial enterprise, business, or individual investment-related purpose and not for one’s own private or personal use) is unauthorized, unlicensed, and in violation of this Agreement. AceCamp may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are not a professional user. AceCamp may also ask you to verify your information in investigating whether you qualify as a professional user.
Privacy
We care about the privacy of our Users. Our privacy policy can be accessed at info@acecamptech.com. By using the Service, you are consenting to have your personal data transferred to and processed in our data servers and centers.
You also acknowledge that the proper functioning of the Service requires that some User contact details (in accordance with the privacy settings on your personal profile) be published on our platform which is accessible to other Users of the Service. Users may be based in, and access your details from, anywhere in the world, and if you do not consent to such access you should not use the Service.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Security
We have or shall have implemented certain technical and organizational measures, internal controls, and information security routines intended to secure your personal information and User Content from accidental loss, destruction or alteration; unauthorized disclosure or access; and unlawful destruction. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
Additional Representations And Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
Third-Party Websites, Advertisers or Services
AceCamp may contain links to third-party content and websites or services that are not owned or controlled by AceCamp. AceCamp has no control over, assumes no responsibility for, and does not endorse the accuracy or completeness of, the content, privacy policies, or practices of any third-party websites or services. Such content, policies and practices are likely to include information that has not been devised, verified or tested by AceCamp or its officers, employees or agents. AceCamp does not guarantee that the information, or the provision of the links to you, do not infringe third party rights. Access to and use of such websites and services may be subject to applicable terms and conditions.
If you access third party content or websites from AceCamp, you do so at your own risk, and you understand that this Agreement and AceCamp’s Privacy Policy do not apply to your use of such services. You expressly relieve AceCamp from any and all liability arising from your use of any third-party website or services or third-party owned content.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
Indemnity
You agree to defend, indemnify and hold harmless AceCamp and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all Loss arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you, or any data or work provided by you to AceCamp for transmission or reception on your behalf; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, confidentiality or publicity or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Hong Kong or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or(vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
No Warranty
AceCamp does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the AceCamp service or through any hyperlinked website or service and AceCamp will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.
Disclaimers
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY ACECAMP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ACECAMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOUR SOLE REMEDY AGAINST ACECAMP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ACECAMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACECAMP DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ACECAMP'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ACECAMP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ACECAMP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Acecamp reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall AceCamp, its affiliates, directors, employees, suppliers, contractors or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, economic or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will AceCamp be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein. To the maximum extent permitted by applicable law and without limiting any other term of this agreement, AceCamp assumes no liability or responsibility for any:
In no event shall AceCamp, its affiliates, directors, employees, suppliers, contractors or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, expenses or costs. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AceCamp has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction.
Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Hong Kong.
Violation of These Terms of Service
Acecamp may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Acecamp’s rights or property, or the rights or property of visitors to or users of the Site, including Acecamp’s customers. Acecamp reserves the right at all times to disclose any information that Acecamp deems necessary to comply with any applicable law, regulation, legal process or governmental request. Acecamp also may disclose your information when Acecamp determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Acecamp may preserve any transmittal or communication by you with Acecamp through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Acecamp determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Acecamp, its employees, users of or visitors to the Site, and the public.
You agree that Acecamp may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Acecamp, for which monetary damages would be inadequate, and you consent to Acecamp obtaining any injunctive or equitable relief that Acecamp deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Acecamp may have at law or in equity.
You agree that Acecamp may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Acecamp does take any legal action against you as a result of your violation of these Terms of Service, Acecamp will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Acecamp. You agree that Acecamp will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service.
General
Governing Law. You agree that: (i) the Service shall be deemed solely based in Hong Kong; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over AceCamp, either specific or general, in jurisdictions other than Hong Kong. This Agreement is governed by the law in force in Hong Kong S.A.R. You submit to the exclusive jurisdiction of the courts of Hong Kong S.A.R. in respect of any claim or dispute between you and AceCamp arising from or in connection with this Agreement or from the Service. However, you agree that AceCamp may institute proceedings in the courts of the place of your domicile or any other jurisdiction it considers appropriate. You waive any right you have to object to an action being brought in those courts.
Notification Procedures. AceCamp may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hardcopy notice, or through conspicuous posting of such notice on our website, as determined by AceCamp in our sole discretion. AceCamp reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notifications described in this Agreement.
Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by AceCamp via the Service, shall constitute the entire agreement between you and AceCamp concerning the Service (although the owner of the account may also have agreed to be bound by the Subscription Terms). If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and AceCamp ’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
AceCamp does not, by reason of its giving approval or consent in relation to any matter, make or give any warranty or representation as to any circumstances relating to the subject matter of the consent or approval.
The rights and remedies of AceCamp under this Agreement (or otherwise in relation to the Service) may be exercised even if it involves a conflict of duty or any person has a personal interest in their exercise.
The indemnities in this Agreement are continuing obligations, independent from the other obligations of the parties under this Agreement and continue after this Agreement ceases to have effect. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under this Agreement.
Please Contact us at support@acecamptech.com with any questions regarding this Agreement.