Terms of Use

Please read these Terms of Use (the “Agreement” or “Terms of Use”) carefully before using the services offered by Collaction Company Limited (together “Collaction” or the “Company”). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.collaction.hk, all other sites owned and operated by Collaction that redirect to www.collaction.hk, and all subdomains (collectively, the “Site”), and the service owned and operated by the Company (together with the Site, the “Service”). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.

Summary of Service

Collaction is a platform where certain users (“Project Teams”) are allowed to launch projects and attract or invite users to contribute Project (“Contributors”). Through the Site, email, websites, and other media, the Service makes various content to be accessible, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Project Teams, Contributors, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of collecting, posting, or otherwise making accessible (“Submit”) Content. “Project Submissions” means any Content Submitted by Users.

Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy available at https://www.collaction.hk/about/privacy, and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the Service. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. The Service is provided for personal or commercial use. You are responsible for all of your activities in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:

• promotes violence discrimination, bigotry, or intolerance towards marginalized groups;
• spams others or distributes unsolicited advertising material;
• infringes any patent, trademark, trade secret, copyright, the right of publicity, or other rights of any other person or entity, or violates any law or contract;
• is false, misleading, or inaccurate as you know;
• is unlawful, threatening, abusive, harassing, bullying, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
• constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
• reverse engineer or access our code in any manner that is not authorized by the Company;
• is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• impersonates any person or entity, including any employee or representative of the Company;
• crawls, scrapes or otherwise indexes information on Company. If you are doing this to create a useful feature then we may allow it, but you must check with us first;
• supports a project team and then share their reward-only content without permission from the project team; or
• involves drugs, nicotine, tobacco, vaporizers and related paraphernalia; weapons, replicas of weapons, and weapon accessories; pornographic material, gambling and raffles.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

Project Teams agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project Creator’s Project.

Registration

You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for the activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breaches.

Rules and Conductor Commerce purposes

Collaction is a platform where certain Project Teams can launch Projects and attract or invite users to become a Contributor. By launching a project on Collaction, you, as the Project Teams, are offering the public the opportunity to enter into a contract with you. You, as the Contributors, accept that offer only when paying for the project and the “contribute” button on Collaction with not constitute an acceptance. When payment process is completed, the contract between Project Teams and Contributors is formed. Collaction is not a party to that agreement between the Project Teams and Contributors. All dealings are solely between Users.

Collaction is not liable for any damages or loss incurred related to any project on Collaction or any other use of the Service. Collaction is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, goods and services provided by any project, and any other terms, conditions, warranties, or representations associated with projects on the Site. Collaction does not oversee the performance or punctuality of projects. You release Collaction, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

Fees and Payments

Joining Collaction is free. However, we do charge fees for certain services. When using a service that is charging a fee, there is an opportunity to review and accept the fee that you would be charged. Changing of fees is effective after Collaction provides you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.

Third-Party Sites

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resources.

Content and License

You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.

Content we create is protected by copyright. Some examples of our content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Collaction page.

Use, reproduction, modification, distribution, or storage of any content for other than promotion, personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right. Please ask if you have any questions.

Intellectual Property

By Submitting Project Submissions on the Site or otherwise through the Service, you agree to the following terms:

• The Company will not have any ownership rights over your Project Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your Project Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; and (iii) use and publish, and permit others to use and publish, the Project Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your Project Submissions, including the right to grant additional licenses to your Project Submissions.
• You are publishing your Project Submission, and you may be identified publicly by your name or User ID in association with your Project Submission.
• You grant to each User a non-exclusive license to access your Project Submissions through the Service.
• You further agree that your Project Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Collaction all of the license rights granted herein.
• You will pay all royalties and other amounts owed to any person or entity based on your Submitting Project Submissions to the Service or the Company’s publishing or hosting of the Project Submissions as contemplated by these Terms of Use.
• The use or other exploitation of Project Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your Project Submissions.
• All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
• The Company will not be liable for any errors or omissions in any Content.
• The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
• All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

Collaction has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Collaction also may terminate User accounts even based on a single infringement.

Copyright Notifications

Collaction will remove infringing materials if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Collaction in writing by emailing us at copyright@collaction.hk. Your email must contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, sufficient for Collaction to locate the material;
• your email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, which you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify Collaction in writing by emailing us at copyright@collaction.hk.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Account and Payment Method Requirement

In order to accrue or receive payment of any revenues under the Collaction Fund Program, you must have at all times an active Collaction account and a bank account associated with it. Collaction does not owe you for any revenues that may be associated with your content during any period in which you do not have a valid account or payment method.

We may require additional information from you to verify beneficial ownership. This additional information may include business invoices, copies of government-issued identification, business licenses, financial statements, reporting and validating documentation. You authorize us to retrieve information about you from our regulators and financial partners, including credit reporting agencies and information bureaus, and are intended to prevent abuse of the financial system.

Charging and Refund Mechanism

We’ll charge our fees before putting funds into your account. Collaction and its payment partners will subtract fees before transmitting the proceeds of a project. In every transaction, all money funded goes directly to the Project Teams and is managed by the Project Teams, minus an adjustable Collaction fee and fees from our payment partners. The Collaction fee is adjustable from the minimum 3% (or HKD 1) to the maximum 10% of the fund amount, which is decided by the Contributors. Our payment partner, Stripe, collects 3.4% in addition to HKD 2.35 in every transaction. The proportions are transparent and there are no hidden charges.

Some payments can’t be collected, which might reduce the amount of funding you get. Because some payments can’t be collected — for instance, when a Contributor’s credit card expires before the transaction is complete, and they don’t provide updated information — we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount funding minus fees.

Payments on Collaction are non-refundable, including but not limited to the funds transferred to the Project Teams’ account, the Collaction fee and transaction fee collected by Stripe. Contributors shall reach out to the Project Teams directly for the refunds, and Collaction shall accept refund applications from Project Teams only.

Funding Transfer

We send Withdrawal Notice email to Project Teams on the 1st of every month. If you would like to take your funding, confirmation on Collaction by 23:59 on the 5th of every month is required. We will then put the funding in your account on the 10th of every month upon receiving your confirmation. The minimum withdrawal amount is HKD 500 by default.

Termination

The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranty Disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained in the Service.

The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Project; (ii) remove, edit, or modify any Content, including, but not limited to, any Project Submission; and (iii) remove or block any User or Project Submission. Collaction reserves the right not to comment on the reasons for any of these actions.

The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable lawyers' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your Project Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which Project you will assist and cooperate with the Company in asserting any available defenses.

Limitation of Liability

In no project shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any data loss, (ii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Collaction. Online payments on Collaction are processed by the instant payment system provided by Stripe, and Collaction will not be liable for any direct, indirect, consequential, consequential loss or damage caused by Stripe. Once the transaction is verified and completed by Stripe payment system, the company cannot refund it. We are specifically not liable for loss associated with failure to deliver rewards and from losses caused by conflicting contractual agreements. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. If you lose money as a result of using Collaction, any payment to you is limited to how much you have paid us, and we don’t have to pay you if your loss is unexpected.

International

Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Governing Law

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Collaction or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than Hong Kong.

Integration and Severability

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sub-licensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and lawyers' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Last Updated

Apr 2nd, 2020