THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND SINGULARITY TECHNOLOGY LIMITED (MADBANG.COM) (“WE” OR “MADBANG”), THE OWNER AND OPERATOR OF THE WEBSITE AT THE URL http://www.madbang.com (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD TO IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.
Access to the Site and use of the Services provided by MADBANG (hereafter called as "Services") are subject to the following terms and conditions (hereafter called as "Terms") which may be amended, changed or updated by MADBANG from time to time without notice to you and all applicable laws and regulations in Hong Kong Special Administrative Region of the People's Republic of China (hereafter called as "HKSAR") or other countries, including the laws and regulations governing copyright and trademarks. By accessing the Services and the Site, you agree to be bound by these Terms as amended by MADBANG from time to time.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age or if you are under 18 years of age, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless MADBANG if your child breaches or disaffirms any term or condition of this Agreement.
Where MADBANG has reasonable grounds for believing you are under 18 years of age and have signed up for a Membership without the necessary consent of your parent or legal guardian, MADBANG may reject your Membership.
1 – CHANGES TO SERVICES; PERSONAL INFORMATION/PRIVACY
1.1 SITE CONTENTS
All materials used and displayed on the Site (including but not limited to text, photographs, video, audio and graphics, music, logos, marks and other materials that appear on the Site) ("Contents") are owned by or licensed to MADBANG and its proprietors and are protected by copyrights, trademarks, Services marks, and/or other proprietary laws of HKSAR or other countries ("the Intellectual Property Rights") and all present and future Intellectual Property Rights in and to the Contents shall at all times be the sole and exclusive property of MADBANG. You agree that the use of the Contents on the Site is solely for personal and noncommercial (other than for the purchase of merchandise from the Site) purposes (the "Permitted Use") provided that no right, title or interest of any nature in the Contents downloaded or copied for the Permitted Use shall be transferred to you. You acknowledge that you have no ownership rights or license rights in and to, the Contents other than the limited right to utilize the Services for the Permitted Use in accordance with these Terms. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, store to construct a database of any kind for access by you or any third party, offer for or participate in the sale of, or exploit in any way, in whole or in part, the Contents on the Site without the written consent of MADBANG.
1.2 CHANGES TO THE SITE
MADBANG may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.3 PERSONAL INFORMATION/PRIVACY
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify MADBANG if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
1.5 USE OF SITE AND PROHIBITIONS
Subject to your compliance with this Agreement, MADBANG hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of MADBANG or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
2. TERMS OF SALE
2.1 SALES OF PRODUCTS AND MEMBERSHIPS TO END USERS ONLY
MDGBANG sells condoms and other grooming supplies (the “Product(s)”) from the Site to end-user customers who purchase monthly memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on MADBANG ‘s then-current pricing page located on the Site at: http://www.madbang.com/products. The price that we will charge you for the Products and Memberships will be the price as posted on the Site, it might change from time to time without notice. Unless otherwise stated, all prices quoted are in Hong Kong. MADBANG reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases unless you have already submitted payment for a monthly service or paid for a specific purchase, in which case there will be no change or alteration in pricing.
2.3 Promotional Trials
Your Membership may start with a promotional trial period, allowing you to receive your first plan shipment at a reduced price ("Trial"). At the time of sign-up, your Payment Method will just be charged for the reduced trial price and shipping, if applicable. For combinations with other offers, restrictions may apply. MADBANG reserves the right, in its absolute discretion, to determine your Trial eligibility.
We will begin billing your Payment Method the applicable monthly Membership fees -- based on the plan you selected -- at the end of the Trial unless you cancel your Membership prior to the end of the Trial. To view the specific details of your Membership, including monthly Membership price and end date of your Trial, visit our website and click the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial period.
You will not receive a notice from us that your promotional (reduced Trial) pricing has ended or that the standard rate portion of your Membership has begun. To avoid being charged after the expiration of your Trial, you must cancel your Membership prior to the end of the first month. We will continue to bill your Payment Method on a monthly or bi-monthly basis (depending on your selection) for your Membership fee until you cancel. For detailed instructions on how to cancel, see Section 2.5 below.
MADBANG reserves the right, in its absolute discretion, to withdraw or modify any Trial offerings or promotions at any time without prior notice and with no liability.
2.4 EXCHANGE AND REFUND POLICY
If you found the product delivered to you is damaged or wrong products/combinations, we will be happy to give you an exchange. Exchange requests must be made directly to MADBANG at [email protected] with photos of the damaged part of the products or wrong products/combinations. Please send back the damaged product or wrong products/combinations together with registered mail and a copy of your order confirmation notice to Room 8, Unit 401- 403, 4/F, Cyberport 1, 100 Cyberport Road, Hong Kong. All exchange requests must be made within thirty (30) days of the date of shipment by MADBANG. MADBANG is not liable for Products that are damaged or lost in transit to MADBANG. Subjected to the product's availability, we may give you another product at the same price or if the product will not be available in 4 weeks, you can request for a sales refund.
Promptly following MADBANG’s receipt of your request (typically within five (5) business days), MADBANG will credit the amount paid for the returned Product to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, MADBANG does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback.
MADBANG will not provide a refund for a request that is received by MADBANG more than thirty (30) days after the date of original shipment. MADBANG also does not provide a refund or exchange for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use. Please note that the MADBANG does not permit the return of used or damaged by mis-handle product.
MADBANG reserves the right to the explanation and decision of refund policy at MADBANG.COM at any time.
2.5 PAYMENT METHODS; AUTOMATIC MEMBERSHIP RENEWALS AND MEMBERSHIP CANCELLATION POLICY
MADBANG accepts credit card payments only. You agree to pay all fees charged to your account based on MADBANG’s fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Membership to the Site. You are also responsible for paying any shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership and you authorize MADBANG or the third-party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, MADBANG reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in HK Dollars.
IMPORTANT NOTICE TO CONSUMER:
MADBANG will automatically renew your Membership on each monthly anniversary date of the Membership and, as authorized by You during the Membership sign-up process, will charge your credit card with the applicable Membership fee and any shipping and handling costs that may be imposed on your Membership fee payments. Each Membership renewal period is for one month.
MEMBERSHIP CANCELLATION. You may cancel your Membership at any time by logging on to your account www.madbang.com. To cancel a membership, please login to your account on the Site and select the “Membership Settings” link at the bottom of the page, then follow instructions towards cancellation. If you have any problems, please email [email protected] MADBANG requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
2.6 SHIPPING AND PRODUCT ACCEPTANCE
Regular shipments will ship on the anniversary of the Customer’s first purchase date. The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent via the Hong Kong Post. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the delivery agent or carrier. However, if goods are missing from your order, or if the goods are not as ordered, you must contact our customer service department at [email protected] as soon as practicable. The estimated shipment date of your order is based on product availability, payment processing time, and warehouse processing time. It does not include delivery time. Payment process will not begin until we receive all the necessary information and the full payment (or the full authorization in the case of credit card). Payment process for orders placed during weekend or holiday will not begin until the next business day. Business days are from Monday to Friday, excluding Hong Kong public holiday. Please check the Product Availability section below for more information regarding order processing and product availability times. Note: MADBANG have no liability for the product damage and loss caused in shipping.
2.7 – Pausing and Resuming Shipping
MADBANG offers its members the ability to temporarily pause their MADBANG Memberships (“Pause Period”). During the Pause Period, members will remain active members, but they will not receive any MADBANG Products.
A Membership may be placed on a Pause Period for either a one, two, three, four, five or six month period. During the Pause Period, members will remain a member of MADBANG, continue to receive communications from MADBANG via email, but will not be charged any maintenance or membership fee.
Members who are in a Pause Period may resume receiving MADBANG Products by logging into their account and Resuming shipping either immediately or on their original bill date. You may email any questions about the Pause Period to [email protected]
3 – USE OF SITE, AND OTHER SERVICES
3.1 – User Information:
Services and features, such as MADBANG Credits, gifting, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including Payment Method information), MADBANG Credits information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Applications, Site, or other Services, User consents to the transmission of User Information to MADBANG, including its agents and third-party partners, and consents MADBANG, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the MADBANG Privacy Policies identified in this Agreement.
Users are solely responsible for taking precautionary steps to protect User Information stored on the respective Applications, including without limitation password-protecting the respective Applications and employing Apple's or Android's remote-wipe feature.
Unless attributable to MADBANG 's negligence or misconduct, users are also responsible for all payments and losses resulting from transactions and activities undertaken MADBANG Credits registered in their names and agree to immediately notify MADBANG of any suspected unauthorized transactions associated with the Services or any other breach of security.
3.2 – Prohibited Uses:
Users are prohibited from using the Applications, Site, or Services in any way that:
i. Harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights);
ii. is unlawful, fraudulent, or deceptive;
iii. Uses technology or other means to access unauthorized content or non-public spaces;
iv. Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public data;
v. Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
vi. Attempts to damage, disable, overburden, or impair MADBANG servers or networks;
vii. Attempts to gain unauthorized access to a MADBANG computer network;
viii. Attempts to gain unauthorized access to MADBANG’ user accounts;
ix. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
x. Violates these Terms in any manner; or
xi. Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
MADBANG reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Applications or other Services, including any MADBANG Credits, that MADBANG reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
3.3 – User-Generated Content:
The User may generate content, written or otherwise, while using the Services (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by MADBANG (for example, in product marketing campaigns). User grants MADBANG and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
3.4 – Indemnification:
User agrees to indemnify and hold harmless MADBANG, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the " MADBANG Parties") from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from or related to the User's misuse of the Services or Products, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. MADBANG reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. This provision does not require you to indemnify any MADBANG Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact.
3.5 – No Warranties:
THE SITE, APPLICATIONS, OTHER SERVICES AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. MADBANG, ON BEHALF OF ITSELF AND THE OTHER MADBANG PARTIES: (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE, APPLICATION OR SERVICES WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, CONTENT, OR SERVICES WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS REGARDING THE USE OF THE SITE, APPLICATION, SERVICES OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, APPLICATIONS, SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK.
THIS LIMITATION OF WARRANTIES IS A PART OF THE BARGAIN BETWEEN YOU AND MADBANG. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MADBANG OR ANY PERSON ON BEHALF OF MADBANG SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE MADBANG PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
3.6 – No Liability:
IN NO EVENT SHALL THE MADBANG PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATIONS, SITE, OTHER SERVICES OR CONTENT, THE INABILITY TO USE THE APPLICATIONS, SITE OR OTHER SERVICES OR CONTENT, OR DEVICE FAILURE OR MALFUNCTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER ECONOMIC DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, OR LOST PROFITS, EVEN IF A MADBANG PARTY HAS BEEN’ ADVISED OF THE POSSIBILITY OF SUCH ECONOMIC DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A MADBANG PARTY IS FOUND TO BE LIABLE FOR ANY ECONOMIC DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATIONS OR OTHER SERVICES, THE RELEVANT MADBANG PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID MADBANG FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; OR (B) THE SUM OF ONE HUNDRED DOLLARS (HK $100). THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATION, SITE, OTHER SERVICES OR CONTENT AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD.
3.7 – Intellectual Property:
MADBANG, the MADBANG logo, and other MADBANG trademarks, service marks, graphics and logos used in connection with the Applications and other Services are trademarks or registered trademarks of MADBANG or Singularity Technology Limited(collectively “MADBANG Marks”). Other trademarks, service marks, graphics and logos used in connection with the Applications and other Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The MADBANG Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of MADBANG or the applicable trademark holder. The Applications and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by MADBANG or the owner of the Content.
3.8 – Severability:
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of MADBANG to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
3.9 – Modification of this Agreement:
Subject to Section 10.1(x) of this Agreement, MADBANG reserves the right to change or modify this Agreement or any other MADBANG terms, conditions, or policies related to use of the Applications or other Services at any time and at its sole discretion by posting revisions on the Site (http://www.madbang.com) or within the Applications. Continued use of the Applications, Site, or other Services following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of MADBANG shall have any legal effect as a waiver by MADBANG of any Terms of this Agreement.
3.10 – Third-Party Beneficiary:
User agrees that MADBANG’s service providers, licensors, or others involved in creating or providing the Applications or other Services are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
4.1 – Purchasing:
i. By purchasing MADBANG Gift ("Gift"), you agree and represent that your use of the Gift will comply with this Agreement and all applicable laws, rules, and regulations, and that you will not use the Gift in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or MADBANG, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other MADBANG -related entity.
ii. You may purchase Gift for any value between $39.9 and $99.9 HK dollars. The amount of the Gift you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift.
4.2 – Use and Limitations:
i. To the fullest extent of the law, Gift cannot be reloaded, resold, transferred for value, or applied to any other account. Unused Gift balances in a Site account may not be transferred.
ii. Gift are not returnable or refundable for cash.
iii. Gift may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain MADBANG's prior written approval.
iv. Use of MADBANG’s name, logo, trade dress (including any image/likeness of the Gift) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of MADBANG Gift is strictly prohibited. Furthermore, the use of MADBANG Gift in any manner that any person, website, business, product, or service is endorsed or sponsored by, or other
5 – REFERRALS
These are the Terms and Conditions applicable to the MADBANG Referral Program (the “Program”). Under the Program, MADBANG offers its Members the opportunity to provide their friends, family, or other individuals (“Prospective Members”) with a unique referral ID link (“Personal Link”) that a Prospective Member can use to sign up for MADBANG services (“Membership”). For each Qualified Referral (defined below) generated through the Member’s Personal Link, the Member may receive a MADBANG credit (“Credit”) as specified on the Company’s Referral Program page. We reserve the right to terminate this Program at any time for any reason.
Members and Prospective Members that wish to take part in the Program are bound by these Terms. If you do not agree to and abide by these Terms in their entirety you are not authorized to participate in the Program. Members and Prospective Members may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and the methods through which any Credits may be earned. We reserve the right to disqualify any Member or Prospective Member at any time from participation in the Program.
Children: No part of the Program is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.
5.1 – PRIVACY
5.2 – HOW THE PROGRAM WORKS:
a. Program Participation
Generally: To participate, a Member shall provide the Prospective Member with the Member’s Personal Link. The Prospective Member must click on the Personal Link and complete the sign up in the same session. If the Prospective Member does not complete the sign up in the same session, the Member will be not be credited for that referral and will not be eligible for the Credit, even if the Prospective Member subsequently signs up for a Membership. For purposes of clarification, completion of sign-up in the same session means clicking the Personal Link provided by Member and completing MADBANG service sign-up within a reasonable period of time and without the Prospective Member closing their Internet browser or pressing the back button.
b. Eligible Member
To be eligible for Program and to receive Credits, a Member must:
i. Have provided the Prospective Customer with their correct unique Personal Link; and
ii. Have a Membership account in good standing with MADBANG more than 3 months.
iii. Employees of MADBANG, its service providers or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
c. Personalized Referral Links
MADBANG offers Members the opportunity to create their own personalized referral name ("Personalized Referral Link"). These Personalized Referral Links may be of any length and include any combination of words and/or numbers of the Member's choosing. Personalized Referral Links shall be on a first come, first served basis. You can check Your Personalized Referral Link by going to www.madbang.com/my_account. MADBANG is in no way responsible for confirming or ensuring that the Personalized Referral Link is accurate or correctly formatted or spelled. Under no circumstances may a Member transfer or sell a Personalized Referral Link to another Member. Notwithstanding the foregoing, MADBANG reserves the right to revoke, ban, or amend any Personalized Referral Link at any time and for any reason. Any or all Credits earned through a revoked, banned, or amended Personalized Referral Link may be removed from Member’s account by MADBANG. For purposes of clarification, but in no way limiting the MADBANG's rights to revoke, ban, or amend any Personalized Referral Link, the following Personalized Referral Links are explicitly banned and may be grounds for suspension of Membership and removal of any Credits earned:
i. Personalized Referral Links that imply a discount or savings on Membership (e.g. 5DollarsOff, FreeCondoms, 5Off, etc.);
ii. Personalized Referral Links that MADBANG deems to be obscene, racist, sexist, or offensive in its sole discretion;
iii. Personalized Referral Links that use a trademark, copyright, or the name of another individual.
iv. Personalized Referral Links that are promoted, advertised, or publicized on any MADBANG owned or operated websites, third party websites, social networks, and any other similarly situated Internet site, property, location, or asset where MADBANG is an Administrator or Trustee. By way of example, this includes but is not limited to Facebook, Twitter, Pinterest, MADBANG Blog, or any other similarly situated websites.
d. Making a Referral
i. Members can refer Prospective Members by giving their Personal Link to the Prospective Member. Once a Prospective Member uses a Member’s Personal Link and successfully completes the signup process for the MADBANG services for more than 3 months, the Member may receive a communication from the Company confirming that the Prospective Member has signed up and join the monthly plans. The confirmation communication to the Member shall include some of the Prospective Member’s personal information provided to Company such as name and email address. A Member’s failure to receive such a confirmation communication means that the Prospective Member failed to complete the signup process or not yet joined for 3 months (during the same session, or at all) and no Credit will have been earned. The Member and/or the Prospective Member may email Company any comments or questions in regard to a failed referral, but whether to award Member the Credit shall be at MADBANG's sole discretion. Prospective Members must satisfy the requirements of these Terms and Conditions and consent to receiving communications from MADBANG. Members may not refer themselves.
ii. For purposes of emphasis and clarification, by using a Personal Link, a Prospective Member acknowledges and affirms his/her understanding that some of his/her personal information, including but not limited to his/her name and email address, may be sent to the Member who provided the Personal Link as confirmation of the Prospective Member’s successful referral and sign-up with MADBANG. Accordingly, MADBANG strongly advises that Prospective Members only use a Personal Link they receive from someone whom they personally know and trust. For their own security, Prospective Members should not use a Personal Link if they receive it from an unknown, untrusted, or public source, such as an Internet forum.
e. Qualified Referrals
A Qualified Referral means that all the following conditions are met:
i. The Prospective Member completed the registration process for a Membership using the Member’s Personal Link. If a Prospective Member registers for a Membership using any other link or method, the registration will not count as a Qualified Referral and the Member will not be rewarded a Credit;
ii. The Prospective Member was not previously registered with the Service under any other email address or alias; and
iii. The Prospective Member is a) at least 18 years old; b) meets the eligibility requirements to become a Member of MADBANG’s services; and c) has consented to receiving communications from MADBANG.
iv. If the Prospective Member upon sign up takes advantage of a MADBANG trial offer (see Section 3.3 above) then the Prospective Member must remain a Member beyond the first month of the trial offer and pay the standard, non-promotional subscription fee for at least three(3) months.
f. Earning Credits Member shall receive six (6) free condoms for each verified Qualified Referral generated through the Member’s Personal Link. The actual Credit will be determined by MADBANG in its sole discretion as specified on its Credits Page. If the Credit consists of credit, such credit may only be applied in the amount specified by MADBANG towards the Member’s purchase of future services from MADBANG. A Member may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by MADBANG and it is in the sole discretion of MADBANG as to the legitimacy and validity of such Qualified Referral.
g. Verified Qualified Referrals All Credits are subject to verification. MADBANG may delay a Credit for the purposes of investigation. MADBANG may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or MADBANG believes will impose potential liability on MADBANG beyond what is reasonable for this Referral Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. MADBANG may cancel, amend or revoke the Credit at any time due to business considerations of circumstances beyond MADBANG’s control. MADBANG is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. All of MADBANG 's decisions are final and binding, including decisions as to whether a Qualified Referral or Credit is verified.
h. Value of Credit Credits have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift , certificates, or refunds. MADBANG may cancel, amend or revoke the Credit at any time for any reason.
i. Transfer of Credits Credits are personal to the Member and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Member’s account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by the Member are forfeited.
5.3 – ADDITIONAL PROGRAM CONDITIONS:
By participating in the Program, both Members and Prospective Members agree:
b. To receive communications from MADBANG from time to time.
c. That MADBANG shall not be liable for late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission;
i. Data corruption, theft, destruction, unauthorized access to or alteration of account information or other materials;
ii. Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to MADBANG at the relevant time;
iii. Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
iv. Claims and demands made, and damages sought in disputes between users of the Program.
a. MADBANG disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond MADBANG 's control, corrupt the administration, security or proper play of the Program.
b. MADBANG shall not be liable to any Member for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.
c. MADBANG reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
5.5 – CONDUCT:
a. Prohibited Conduct, Generally.
Members agree not to use the Program to:
i. Violate applicable law;
ii. Stalk, harass, or harm another individual;
iii. Collect or store personal data about other Members;
iv. Impersonate any person or otherwise misrepresent Member's identity;
v. Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
vi. Interfere with another Member's use of the Program;
vii. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
viii. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
ix. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
x. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others;
xi. Submit personal information relating to third parties to the Program without the consent of those third parties.
b. Bulk Distribution ("Spam").
i. If a Member provides a Personal Link to a Prospective Member by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By using a Member’s Personal Link, the Prospective Member represents that he/she has given consent to MADBANG to send Member his/her personal information such as full name and email address.
ii. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the MADBANG's sole discretion is expressly prohibited and may be grounds for immediate termination of the Member’s account and deactivation of the Personal Link. We have a zero-tolerance spam policy.
iii. MADBANG has no obligation to monitor the content provided by Members; however, MADBANG may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
c. Fraudulent and Suspicious Behavior
i. MADBANG may prohibit a Member from participating in the Program or receiving a Credit, in their sole discretion, if they determine such Member, either directly or indirectly is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices that would in any way annoy, abuse, threaten or harass any other users or representatives of MADBANG.
ii. Use of any automated system, script, or macro to participate in the Program or generate Qualified Referrals is strictly prohibited and will result in the responsible Member’s disqualification from the Program.
iii. Members may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Credit.
iv. MADBANG reserves the right to disqualify any Member and/or cancel any Credit(s) if they determine a Member has tampered with the operation of the Program or violated these Terms and Conditions.
MADBANG reserves the right to suspend, disqualify or terminate any Member’s or Prospective Member’s participation in the Program and forfeit any Credits or credits earned if the Member or Prospective Member is found to have engaged in any prohibited conduct or otherwise violated the provisions of this Section 4. If Members have engaged in prohibited conduct, spam or fraudulent or suspicious behavior that undermines or affects the integrity or credibility of the Program, and MADBANG is unable to find a solution to restore the integrity and credibility of the Program, then MADBANG may in its sole discretion cancel, change or suspend the Program.
CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE PROGRAM. MADBANG RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION, IN THE EVENT OF ANY SUCH ATTEMPT.
6. PROPRIETARY RIGHTS
You hereby acknowledge and agree that MADBANG or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
MADBANG is the subject of a pending trade mark application in Hong Kong. Other trade marks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Singularity Technology Limited. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
7 – PRODUCT/IDEA SUBMISSIONS
MADBANG and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to MADBANG or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of MADBANG’s products, services or marketing strategies might seem similar to ideas submitted to MADBANG. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.
You agree that:
i. Any Submission (including its complete contents) by you to MADBANG will automatically become the property of MADBANG, without any compensation to you;
ii. MADBANG may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you;
iii. MADBANG has no obligation to review any Submission; and
iv. MADBANG has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions by, MADBANG.
8. THIRD PARTY WEB SITES
9. DUTY AND OBLIGATION TO NON-TARGET CLIENTS OR SURFERS
The site is ONLY intended for use and access by natural persons physically situated in HKSAR. All terms, conditions, details, warranties, indemnities, invitations, agreements, products, sale item, auction item, materials, advice or information or MADBANG provided through or via the Internet, telephone communications, television or radio broadcasting, or any form of media or telecommunications are intended for natural persons physically situated in HKSAR. Please refer to the GOVERNING LAW below.
10 – Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of HKSAR, without regard to any conflict of law provisions. You irrevocably agree that the courts of HKSAR shall have exclusive jurisdiction in relation to any claim or dispute concerning this Agreement.
11 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
11.1 – Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), , by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
11.2 – General Terms