Terms and Conditions (“T&C”)
This T&C applies to your access to and use of the websites, mobile apps, widgets, and other online products and services (collectively, the “Services”) provided by Yesports, with its IP and brand being registered by Safari Asia Limited. (“Yesports”, “we” or “us”).
Yesports reserves the right to vary the T&C at any time without prior notice and at its sole discretion.
1. Use of the Services
Yesports grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these T&C. We reserve all rights not expressly granted to you by these T&C.
Except as permitted through the Services or as otherwise permitted by us in writing, you agree not to misuse the Services or help anyone do so. For example, you must not even try to do any of the following in connection with the Services:
- licence, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
- interfere with or disrupt any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services;
- access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example “scraping” or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- promote or advertise products or services other than your own without appropriate authorisation;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- access the Services or Content in order to build a similar or competitive website, product, or service
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
Creating multiple accounts to evade punishment, avoid restrictions or for any forms of benefits for any individuals or parties is prohibited.
2. Your Yesports Account and Account Security
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of Your Account and promptly notify Yesports if you discover or suspect that someone has accessed Your Account without your permission. We recommend that you use a strong password that is used only with the Services.
You will not license, sell, or transfer Your Account without our prior written approval.
3. Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through Your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these T&C. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant Yesports the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Yesports. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about Yesports or our Services that you provide to us are entirely voluntary, and you agree that Yesports may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these T&C, a violation of our Content Policy, or if you otherwise create liability for us.
4. Content Policy
Content is prohibited if it
- infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- is illegal;
- is involuntary pornography;
- is sexual or suggestive content involving minors;
- encourages or incites violence;
- promotes self-harm, eating disorders or hard drug abuse;
- is hateful, defamatory, or discriminatory or threatens any individual or group;
- threatens, harasses, or bullies or encourages others to do so;
- is personal and confidential information;
- impersonates someone in a misleading or deceptive manner;
- uses our Services to solicit or facilitate any transaction or gift involving certain goods and services;
- promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- is spam.
We reserve the rights to enforce our rules without further notice, by different methods including, but not limited to:
- Temporary or permanent suspension of accounts;
- Removal of content;
- Banning of users
- Yespoint is a point accumulation and reward programme created, used and monitored by Yesports. Yesports Account holders are entitled to earn, accumulate, redeem Yesports within the Yesports platforms per terms & conditions stated below.
- Yesports reserves the right to make appropriate changes to any accrued points reward (“Yespoint”) with respect to the Yespoint system at any time in its sole and absolute discretion.
- While it is not the current practice, we reserve the right to remove any account(s) or data from the Yespoint system at any time, for reasons including, but not limited to ones listed in this T&C, in our sole discretion, and without notice.
- Yesports reserves the right to vary/amend the privileges or terms & conditions without prior notice. Yesports may change the Yespoint cost for the products in Yespoint Shop from time to time. No advance notice will be required for Yespoint cost alterations and promotions.
- Yespoints are non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.
- In the event of any dispute, the decision of Yesports is final.
- No extension of the expiry date from the date of issue will be allowed.
- Yespoint expires on (HKT) 23:59 of the expiry date.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “Yesports affiliates”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these T&C, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YESPORTS, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. YESPORTS DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE YESPORTS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL YESPORTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF YESPORTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
- you’re in breach of these T&C;
- your use of the Services in a manner that would cause a real risk of harm or loss to us or other users.
We’ll provide you with reasonable advance notice via the email address associated with Your Account to remedy the activity that prompted us to contact you and give you the opportunity to export your stuff from our Services or redeem your gifts from Yespoint shop. If after such notice, you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
- you’re in material breach of these T&C;
- doing so would cause us legal liability or compromise our ability to provide the Services to our other users; or
- we’re prohibited from doing so by law.
11. Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond Yesports’ control or to comply with a legal requirement.
T&C is last updated December 12, 2019.