PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
By accessing the Content or Services provided by 8elements you confirm that you have read and understood and agree with these full terms and conditions.
These Terms and Conditions complement the Terms of Service displayed on our websites, applications, products and services and govern the access, use, interaction, payment for and downloading by all users of the websites, applications, products and services and all their contents offered by 8 Elements Ltd or any of its subsidiaries via an 8elements or otherwise branded or managed portal that you have accessed ("Site"). Accessing our Sites and Contents is at your own risk. You will need to initiate an Internet session in order to access, subscribe or purchase Content or to enjoy our Services in general. Your service provider may charge you for such access and you are responsible for all such charges. Please refer to your service provider’s terms and conditions for further details. You will also need to have a browser installed on your device. Please switch any data saver mode off for a better experience.
In this Agreement "Content" shall mean any 8elements Content offered to be accessed online or for download from the Site, “Product” and “Service” shall mean any content-related Services offered.
1. Intellectual Property Rights
8elements grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license (subject and conditional upon your continued compliance with this Agreement) to access, view and download the Content and use the Content solely on the personal mobile handset, laptop, tablet or desktop computer (“Device”) to which it is initially downloaded. You are allowed to use the Content for your own personal entertainment only and not for any commercial purposes. All Content and all intellectual property (including but not limited to trademarks and tradenames) and other third-party rights in the Content are owned by 8elements and/or its licensors. For the avoidance of doubt, you are not acquiring any rights in or to the Contents. We reserve the right in our sole discretion to terminate your license and your access to our Sites, Products and/or Services immediately and without prior notice. The license granted to you will expire automatically without notice, if the Content was removed; if your payment related to the Content or your Account was unsuccessful, is charged back or reversed for any reason; if you have paid per download and the download was completed; at the end of your subscription period or in case of unsuccessful subscription or membership fee payments; if you breach any terms or policies; in case your account is suspended or terminated for any reason or if you delete and close your account.
2. Price and Payment
The charges for any Content accessed, viewed or downloaded and any Services used are displayed on the Site. The relevant charges will be deducted from your available phone credit if you are a pre-paid mobile customer or should appear on your next invoice from your service provider if you are a contract customer. Other payment options may be offered to you on the Site and used by you to purchase the Content or Services.
The relevant charges for the Content and Services may include value-added tax, VAT or any other applicable sales tax. Please note that additional charges may apply before downloading the Content or using the Service. You must notify 8elements of any faults in the viewed and/or downloaded Content and accessed Service within a reasonable time of completing the view and/or download. 8elements may, in its sole discretion, either replace or refund the purchase price for any Content accessed that contains faults directly attributable to the Service and not attributable to you or the Device.
3. Support
If you experience problems accessing, viewing, downloading and/or paying for the Content or Service, you should contact support@8elements.net and tell us your e-mail address, mobile phone number, device model, browser model, error message as well as day and time of your attempt to access the service/download the content and in which country this happened.
4. Accounts
Some of our Products and Services allow or even demand you to open a user account. To perform this you must first register and provide true and valid identity and authentication information. We may enable third-party Social Network Service accounts to validate your account. To successfully register an account with us, you must have your own username and a unique password as well as provide us a valid email address and phone number. You will receive confirmation or activation e-mails from us and need to confirm your email address respectively you will receive a One Time Password that allows you to validate your MSISDN mobile phone number for a specific Product or Service.
You must be at least eighteen (18) years old and confirm that all information which you submit to us is true, complete, accurate and secured and will be kept confidential and safe by you not to be disclosed to anyone else. You understand that you are responsible for your account profile and all activities on your account itself and that you will have to comply with these Terms & Conditions and all other Terms of Service and Policies at all times. We reserve the right to suspend access or even to terminate your account for any reason immediately and without prior notice and you understand that we are obliged to do so if you are in breach of any of our terms or policies.
5. Links
If you link to any of our Sites you must ensure that your link is legal, secure and technically performant and does not damage our reputation and that any form of association, approval or endorsement by 8elements is either authorized in written form or is clearly not suggested and could not be assumed by anyone.
6. Restrictions
To the maximum extent permitted by law, you agree not to, and not to attempt to, copy, modify, forward, share, distribute, reformat, display, transmit, perform, publish, transfer, reverse engineer or decompile, sell, assign, license, exploit, transfer or otherwise make available the Content or any part thereof, or any rights in the same. You are responsible for any misuse of the Content on your Device.
Your ability to access or download the Content may be restricted or impaired when on a roaming network abroad, and in some instances the call waiting feature on your Device may be affected by downloading the Content. There are limits on the volume of the Contents that can be stored on your Device at any time. For further information please refer to the manufacturer of your Device. Differences in handsets and other device features mean that not all devices are compatible with all Contents. You are advised to check your particular Device’s compatibility before accessing or downloading the Content.
The downloading and accessibility of Content is subject to availability and may be affected by the volume of users from time to time or by congestion on the data network of your telecommunications, data or internet service provider. Your standard network terms and conditions continue to apply in parallel with the terms and conditions of this Agreement.
Screenshots, Images and Videos displayed on the Site may not be representative for each device to which the Content may be downloaded.
7. Right of Withdrawal
Your right to withdraw from this Agreement expires when you access this Site, interact in any way in general and in particular if you initiate downloading of the Content, playing of games, watching videos and/or using the Service.
8. Warranties
The Services and Contents are provided to you “As Is”. 8elements and its licensors disclaim any and all warranties regarding the Content whether express or implied
9. Limitations of Liability
In no event shall 8elements or its licensors be liable for any losses or damages arising out of or in connection with your use of the Content or your access to the Site. 8elements aggregate liability is limited to the amount of the Content price paid and/or the fees charged to you for the Service only. 8elements and/or any of its subsidiaries, owners, shareholders, directors, employees, representatives or agents will not be liable to you for any loss of revenue, profit, opportunity or anticipated monies suffered by you in connection with your access and use of our Site.
10. General Rules
8elements may vary these terms and conditions, make changes in our Sites, Products and Servicesand/or withdraw any or all of the Contents with or without notice from time to time. We will try to give you reasonable notice of any major updates on Site but we may make changes without being able to tell you beforehand. Any alteration or addition to these terms shall take effect immediately and be binding once posted on the Site. You are responsible for checking the Site for any such amendments. 8elements reserves the right to change the charges for each download, view or service of the Content from time to time. Any alteration or addition to the charges shall take effect immediately once posted on the Site.
If any of these terms and conditions are determined to be illegal or unenforceable by us or any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms & Conditions . If we fail to enforce any aspect of these terms, it will not be considered a waiver. We reserve all rights not expressly granted to you and no implied licenses or other rights are neither granted to you nor to any third party, save as expressly set out in these Terms.
While your rights and obligations cannot be transferred, we reserve the right to assign or transfer our rights and obligations to others and may assign any third party to perform any of our obligations.
Breach of these terms by you will entitle 8elements to suspend or terminate your licence, your account and/or your access and use of the Content.
If there is any conflict between these Terms & Conditions and any other Terms of Use or Policies by 8elements, these Terms & Conditions shall apply.
If there is any conflict between different language versions of these Terms & Conditions and any other Terms of Use or Policies by 8elements, the English language version shall apply and prevail.
11. Messages and Communication
By accessing, browsing and/or downloading content from our Sites or subscribing to our Services you agree to receive information and marketing messages from 8elements in whatever way and you agree to the use of cookies and similar technologies for your convenience.
Should any of our Sites enable private communication between users by way of personal or direct messages you are not allowed to any form of unwelcome, unsolicited, inappropriate or even rude messaging. 8elements reserves the right to ban you without any hearing and/or to remove you from such Site and/or to close your account. In case you have been bothered yourself by such wrong unsuitable communication, you understand that you will have to provide proof and we reserve the right to appropriate action.
12. Provider
8elements is a leading content service provider in Asia Pacific with Headquarters in Hong Kong. We provide access to our Sites via your mobile network operator, data or your internet service provider.
Our address in Hong Kong:
901, New Mandarin Plaza Tower B, 14 Science Museum Road, TST East, Kowloon, Hong Kong
E-mail: info@8elements.net
Represented by its Managing Director: Mr. Joerg Tente
Company Registration number: 856229 Hong Kong Company Registrar
13. Copyright
Copyrights © 8 Elements Ltd. All Rights Reserved. Proprietary and confidential.
Texts, images, graphics, sounds, animation files, videos, games, apps and any other Contents on this Site are subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may they be modified or reposted to other sites. 8elements Sites, Products and Services also contain material that is subject to the intellectual property rights of their providers. All 8elements trademarks, names and logos are the proprietary marks of 8 Elements Ltd or its subsidiary companies and those identifying third party marks and rights are owned by those third parties.
