Terms & Conditions

earupmusic.com

General Terms & Conditions

Welcome to the Ear Up Music website. This website is owned by the Ear Up Music and hosted in the Hong Kong Special Administrative Region. Your use of the products, software, services and websites provided by Ear Up Music is governed by these terms and conditions.

Please read the following terms and conditions carefully. If you proceed to use any of the services provided by Ear Up Music, you are deemed to have read, accepted and unconditionally agreed to the following terms.

1. Definitions

1.1 “The Site” means https://earupmusic.com and all contents and services offered therein;

1.2 “Services” includes member account services, products, software, applications and websites provided by Ear Up Music;

1.3 “General Terms” means the terms applicable to all users of the Site;

1.4 “Additional Terms” means the terms exclusively applicable to Paid Members as stated in this Agreement;

1.5 “Paid Members” means users who subscribed to the Services on a paid basis.

1.6 “Agreement” means this set of terms and conditions, including both the General Terms and the Additional Terms, which govern the contractual relationship between you and Ear Up Music regarding the use of the Services.

2. Acceptance of the terms

2.1 To use the Services, you must first accept and agree to the Agreement.

2.2 By proceeding to the actual use of the Services, you are deemed to have understood and agreed to the Agreement, and are legally bound by the Agreement.

2.3 If you are a person under the age of 18 or under the guardianship of a guardian, you could only use the Services after your parents or guardians have agreed to these terms. For specific contents expressly requiring parental guidance, you could only access such services after obtaining parental consent or in the presence of your parents and/or guardians.

3. Provision of Services and restrictions on use

3.1 You understand and agree that without prior notice to you, Ear Up Music reserves the right to review and vary the form and nature of the Services from time to time, to immediately stop (either permanently or temporarily) the provision of Services or any part thereof to you, to modify the Services or any part thereof, or to stop you from logging in or accessing any selected third-party Services through the Site. You can also cease to use the Services at any time, in which case no notice to the Ear Up Music is required.

3.2 You understand and agree that if Ear Up Music prohibits you from accessing your account, you may be prevented from accessing the Services, selected third-party Services, your account information, or any other information contained in your account.

3.3 In order to enable you to select, accept, log in, or access selected third-party Services through the Site, you acknowledge and agree that Ear Up Music will provide your personal information to selected third-party Services providers, related companies or individuals without further notice to you.

3.4 You acknowledge and understand that after logging in through the Site or accessing the selected third-party Services, you have left the user interface of Ear Up Music and been transferred to the user interface of the selected third-party Services. Ear Up Music is not responsible for any content other than those provided on the user interface of its own.

3.5 You may use the Services through a mobile device. You acknowledge that the quality of mobile device reception depends on the availability and quality of network. If the network is busy, restricted or blocked, the Services provided by Ear Up Music may be affected or interrupted.

3.6 You understand and agree that whether you use the Services through data services provided by mobile phone services providers (including but not limited to GPRS, EDGE, 3G) or other wireless Internet Services (WiFi) transmission, you are responsible for the Internet charges and other data transmission costs. After certifying a mobile phone, downloading products, Services-related software, applications, mobile phone applications, or browsing the web through the mobile network services provider’s network, the mobile network services provider might charge you a fee. Ear Up Music will not assume any responsibility for the contracts entered into between you and individual mobile network services providers.

3.7 As part of the security measures for the Site, Ear Up Music will delete unused accounts after 5 years of inactivity. In that event, Ear Up Music shall not be held liable for any loss or damage, and is excluded from all liabilities. Ear Up Music reserves the right to modify these measures.

3.9 Ear Up Music reserves the right to suspend the Services or any part thereof without prior notice to you for the repair, maintenance, update or other necessary work deemed appropriate by Ear Up Music.

4. Use of the Services and user obligations

4.1 You agree to use the Services only for the purposes permitted by (a) the Agreement and (b) any applicable laws and regulations of the relevant jurisdiction.

4.2 You must ensure that your use of the Services does not violate the laws and regulations of the relevant jurisdiction you are located in.

4.3 Unless otherwise specified, you agree to use the Services only for non-commercial purposes, and to comply with all instructions related to the use of the Services provided to you by Ear Up Music.

4.4 You undertake not to reproduce, copy, sell, trade or resell the Services for any purpose.

4.5 You agree not to use the Services for the following purposes, or do any of the following through the Services:

(a) Upload, post, send emails or transmit any content which is illegal, harmful, coercive, abusive, harassing, infringing, slanderous, vulgar, obscene, infringing on the privacy of others, harmful or racially discriminatory (including but not limited to data files, written texts, computer software, music, audiovisual files or other sounds, pictures, videos or images);

(b) harm any person or any institution in any way;

(c) Impersonate any person or organization, including but not limited to Ear Up Music director, forum leader, or make false statements or misrepresentations as to your relationship with any person or organisation;

(d) Falsify titles or otherwise manipulate identification data to disguise the source of any content transmitted through the Services;

(e) Upload, post or otherwise transmit any content that is not authorized to be transmitted, including but not limited to internal information, proprietary and confidential information;

(f) Upload, post or otherwise transmit content that infringes any patent, trademark, trade secret, copyright or other exclusive rights;

(g) Upload, post or otherwise transmit any advertising letters, promotional materials, spam, chain letters, direct marketing or any other form of soliciting materials;

(h) Spread computer viruses (including but not limited to "Trojan Horses", worms, "time bombs" designed to interfere with, destroy or restrict any computer software, hardware or communication equipment time bombs) or delete bots (cancel bots) or any other computer code, files and programs;

(i) Disrupt the normal flow of dialogue, cause the screen to move quickly, or render other users of the Services unable to type, or detrimentally impair the ability of other users to participate in real-time communications;

(j) Affect the operation of the Services system or increase the burden of the Services system, or interfere with, hinder or destroy the Services, or servers and networks connected to the Services;

(k) Intentionally or unintentionally violate the laws and regulations of any applicable jurisdiction;

(l) Stalk or harass other users in other ways;

(m) Collect or store the personal data of other users;

(n) Steal, alter, or destroy information owned by Ear Up Music;

(o) Copy, resell, or repost Ear Up Music or Services information without authorization;

(p) Retrieve resources that are not officially opened or authorized by Ear Up Music;

(q) Endanger communications or impair the rights and interests of other users of the Services; or

(r) otherwise violate any applicable laws and regulations.

4.6 To ensure that Ear Up Music can provide you with high-quality Services, the Services are regulated by Ear Up Music's fair use policy. You should refrain from:

(a) Using the Services when it adversely affects the ability of Ear Up Music to provide, complete or maintain the level and quality of the Services;

(b) Improper use of the Services, including but not limited to using the Services for commercial purposes or reselling Services; and

(c) Using the Services on any computer, mobile phone and device that you do not own or control.

4.7 You understand and agree that if your Services usage is deemed excessive by Ear Up Music, Ear Up Music has the right to request you to reduce your Services usage. If you fail to improve after request, Ear Up Music reserves the right to limit your Services usage, charge you additional fees, suspend or terminate the Services without further notice.

4.8 Ear Up Music reserves the right to charge you for your use of the Services (or any part of it) at any time. However, unless Ear Up Music obtains your prior consent to pay such fees, Ear Up Music will not require you to pay such fees. When Ear Up Music requests a fee for any part of the Services, Ear Up Music will notify you in advance. You agree to pay to Ear Up Music within the time limit required by Ear Up Music for the fees incurred by you for using the Services in accordance with the charging standards prescribed by Ear Up Music.

5. Content of the Services

5.1 The content of all data (including but not limited to data files, written texts, computer software, music, audio-visual files or other sounds, pictures, videos or other images) obtained through your use of the Services is entirely owned by the original author of such content.

5.2 Such content (including but not limited to advertisements or sponsored content in the Services) may be subject to the intellectual property rights owned by the original author, the person (or his or her agent) who provided the content to Ear Up Music. You may not modify, lease, rent, lend, sell, distribute such content whether in whole or any part or create derivative works based on such content.

5.3 You understand that by using the Services, you may come into contact with sensitive content that makes you feel offended, and you agree that Ear Up Music is not liable for the risks associated with such use of the Services.

5.4 You understand that Ear Up Music has not reviewed such content in advance, but Ear Up Music reserves the right to reject and remove any part of any such content which violates this Agreement.

5.5 In the course of using the Services, there may be messages being uploaded in real time. Ear Up Music does not control, pre-censor or monitor any message, content or data uploaded to or published through the Services. Ear Up Music does not assume any legal responsibility for any message so uploaded. All messages and comments uploaded via the Services only represent the personal views of the person who uploaded the message, and do not represent the position of the Ear Up Music.

5.6 You agree to abide by all relevant laws and regulations regarding the export of technical or personal data in Hong Kong, and in the jurisdiction of the country where you are located.

6. Proprietary Rights

6.1 Ear Up Music has all legal and beneficial rights, ownership and interests in the Services, including any intellectual property rights in the Services, regardless of whether such rights have been registered or used.

6.2 Nothing in the Agreement gives you the right to use any trade names, trademarks, Services marks, logos, domain names and other distinctive brand features owned by Ear Up Music. To request permission to use the contents of the Site, you must first obtain consent from earup@rfhk.org.hk.

6.3 You undertake not to use any company or organization's trademarks, Services logos, trade names, or logos in any manner that may cause confusion to the owners or authorized users of such trademarks, names or logos when using the Services.

7. Registered accounts, passwords and account security

7.1 While registering for a membership account, you may need to provide the account name (i.e. the member’s name) and password, or receive the account name and password assigned by Ear Up Music.

7.2 You agree to provide accurate, complete and up-to-date information to Ear Up Music when registering for a membership account, and to update such information to Ear Up Music from time to time. You should also log out of your account after using the Services. Each membership account and each group of account data can only be used by one person.

7.3 You can sign-on the Services and selected third-party Services with the same membership account. Once you log in with a membership account, you will log in to all the Services you have registered and the selected third-party Services at the same time. You do not need to repeatedly log in to each Services and selected third-party Services with different account data.

7.4 You agree and understand that it is your responsibility to maintain the confidentiality and security of your account data. At all material times, you must protect your account data and prevent unauthorized use by third parties. You should change your passwords regularly. You should not disclose your account data to other users or third parties, or allow other users or third parties to log in to your account.

7.5 If Ear Up Music receives any instructions issued by your account data, Ear Up Music will regard the instructions as being issued by you. You will be held fully responsible for all actions taken in the capacity of your account.

7.6 You agree not to use any other user's account. Transfer, shared use and resale of membership accounts are also strictly prohibited.

7.7 If you learn that your account data or registration data has been used without authorization, or that any security issue occurs, you should immediately notify Ear Up Music.

7.8 You can obtain and edit your account data from time to time through the webpage that you log in to the Services, or by contacting Ear Up Music at earup@rfhk.org.hk.

8. Advertisements

You agree that Ear Up Music will display advertisements, promotional materials or other content to you as part of the provision of Services.

9. Privacy protection policy

9.1 The personal data and other related information about you stored by Ear Up Music are regulated by the relevant laws and regulations of Hong Kong, and the Privacy Statement of Ear Up Music. You can browse the full text of the Privacy Statement of Ear Up Music on the Site.

9.2 You agree to the use and processing of your personal information, data and other related information by Ear Up Music and related companies in accordance with Ear Up Music's Privacy Statement.

10. Links and content to other websites

10.1 The Services may provide hyperlinks to other Internet websites or resources (including but not limited to the websites or resources of selected third-party Services and their providers, related companies or individuals). Since Ear Up Music has no control over any website or resources provided by third-party companies or individual, you understand and agree that Ear Up Music is not responsible for the availability of such websites or resources, and does not endorse any content, advertisements, products or other materials provided by such websites or resources.

10.2 Ear Up Music is not liable for any of your loss or damage arising from any dispute concerning the availability, accuracy or existence of any content, advertisements, products or other materials on or obtained from such third-party websites or resources.

11. Disclaimers

11.1 You understand and agree that you are solely responsible for the risk of using the Services. The Services are provided as is and as available.

11.2 Ear Up Music hereby makes the following disclaimers. It is not guaranteed that::

(a) The Services and selected third-party Services will meet your needs and requirements;

(b) The Services and selected third-party Services will be uninterrupted, timely, safe or error-free;

(c) Any information you obtain from the Services and selected third-party Services will be accurate or reliable;

(d) Any products, information or other materials that you purchase or obtain through the Services and selected third-party Services will meet your needs and requirements;

(e) Any data, programs, software and files downloaded through the Services and selected third-party Services are free of computer viruses or harmful software; and

(f) Defects in the operation or function of any software provided to you as part of the Services will be corrected.

11.3 Ear Up Music does not assume any liability with regard to any information (whether orally or in writing) you obtain from Ear Up Music, or through the Services.

12. Variation

12.1 Ear Up Music reserves the right to vary, amend, update, add, delete any part of the General Terms or the Additional Terms at any time at its full discretion.

12.2 In the event that there be any variation to the General Terms or Additional Terms, your continued usage of the Services on or after the effective date of the revised General Terms or Additional Terms will be deemed as indicating your acceptance to the revised General Terms or Additional Terms.

12.3 Any variation to the Agreement must be in writing.

13. Termination

13.1 Unless you or Ear Up Music terminate the Agreement in accordance with Article 13.2 or 13.3, the Agreement will continue to be applicable and effective.

13.2 Ear Up Music may suspend or terminate the provision of the Services or any part of it at any time without prior notice, or terminate the Agreement between Ear Up Music and you, in the following events:

(a) you violate any provision of this Agreement;

(b) an event prescribed under Article 14.1 has occurred;

(c) fundamental change of business nature or cessation of business on the part of Ear Up Music.

13.3 The termination provided for under Article 13.2 shall not be considered as breach of this Agreement.

13.4 Ear Up Music has the right to remove or delete the content you submit when terminating the Services or any part of it. You also understand and agree that you may not be able to log in or access the selected third-party Services when Ear Up Music terminates the Services or any part of it.

14. Frustration

14.1 In the following events, both parties to this Agreement are released from their respective contractual obligations:

(a) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

(b) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;

(c) rebellion, revolution, insurrection, or military or usurped power, or civil war;

(d) contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;

(e) riot, commotion, strikes, go slows, lock outs or disorder; or

(f) acts or threats of terrorism.

14.2 Neither the Ear Up Music nor the user shall be considered in breach of this Agreement to the extent that performance of their respective obligations is prevented by an event specified in Article 14.1 above.

15. General legal terms

15.1 If, as a result of your use of the Services, you use a selected third-party services, your use thereof is governed by a separate agreement between you and the relevant third-party company or individual. This Agreement does not affect the legal relationship between you and these other companies or individuals.

15.2 You agree that Ear Up Music may send you notices by email, ordinary mail, or posting on the Services, including notices about amendments to the Agreement.

15.3 If Ear Up Music does not exercise or enforce any statutory rights in the Agreement, it shall not be regarded as a waiver of the rights of Ear Up Music, and these rights shall remain valid for Ear Up Music.

15.4 This Agreement is severable in nature. In the event that any court determines that any part of the Agreement is invalid, the relevant provisions will be deleted from the Agreement without prejudice to the continued effect the other parts of the Agreement. The rest of this Agreement will continue to be valid and enforceable.

15.5 You may not assign or otherwise dispose of your rights or obligations to any third party in this Agreement.

15.6 This Agreement is governed by Hong Kong law and shall be interpreted in accordance with laws of the Hong Kong Special Administrative Region. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong with respect to any dispute arising out of or in connection with the terms and conditions of this Agreement.

15.7 Without prejudice to Article 15.6, you agree that any legal action commenced by Ear Up Music in any one or more jurisdictions shall not hinder the legal actions in any other jurisdictions (regardless of whether they are conducted simultaneously). Ear Up Music may also apply for injunctive relief in any jurisdiction.

Additional Terms

1. Pursuant to Article 2.2 of the General Terms, by proceeding to the actual use of the Services, you are deemed to have understood and agreed to the Agreement, and are legally bound by the Agreement, including these Additional Terms.

2. The Additional Terms apply to the services exclusively offered to paid members. Ear Up Music reserve the right of final interpretation for the design, execution, sale, modification and suspension of the Services.

3. In the event that there is any conflict between the Additional Terms and the General Terms, the Additional Terms shall prevail.

4. Effective time of membership

4.1 When purchasing membership directly via the Site, the membership will take effect immediately upon successful payment;

4.2 For purchases of membership plans via channels other than the Site, including but not limited to the re-direct mall, cash, remittance, cheque, the membership will become effective within  7 working days.

5. There is no refund policy in any event.

6. If your membership is now valid and you purchase any new plan again, your new membership will replace your old membership and no refund will be entertained.

7. Exclusive content for Paid Members

7.1 Under normal circumstances, members with a paid subscription can read all contents across the entire Site;

7.2 Without further notice to you, we reserve the right to set certain content as free content accessible to all paid members and non-members;

7.3 You can obtain and use all the membership rights and benefits provided for in the Agreement. Without the authorization of Ear Up Music, you may not sell your membership rights or benefits obtained from the purchase, nor may you profit from the membership rights or benefits obtained in any other form. If you are found to be selling membership rights or benefits, we have the right to immediately cancel your membership and benefits without prior notice.

7.4 Resale or transfer of membership is strictly prohibited. Ear Up Music reserves all rights to claim for any loss or damage arising out of any prohibited resale or transfer of membership.