Agreement
These Terms of Service ("Terms") form a binding agreement between you and YAKA310 STUDIO ("we", "us", "our") and govern your access to and use of the website at https://yaka310.com (the "Site") and the applications, software, and services we publish (the "Products"). If you do not agree to these Terms, you must not use the Site or Products.
Some Products may have additional terms specific to them. Where those additional terms conflict with these Terms, the additional terms control in respect of that Product.
Eligibility
You must be at least 13 years old (or the equivalent minimum age in your jurisdiction) to use the Site or Products. If you are under 18, you may only use the Site or Products with the involvement of a parent or legal guardian. By using the Site or Products you represent that you meet these requirements.
Acceptable use
You agree to use the Site and Products only in compliance with these Terms and all applicable laws. You agree not to:
- Interfere with or disrupt the normal operation of the Site or Products.
- Probe, scan, or test the vulnerability of any system without our prior written authorisation.
- Access data, accounts, or systems you are not authorised to access.
- Reverse engineer, decompile, or attempt to extract the source code of any Product, except to the extent applicable law permits.
- Use the Site or Products to send unsolicited communications, distribute malware, or violate the rights of others.
- Use any automated means (including scrapers or bots) to access the Site or Products without our written consent.
Accounts
Some Products require an account. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. Notify us immediately at support@yaka310.com if you suspect unauthorised use. We may suspend or terminate accounts that violate these Terms.
Intellectual property
All content on the Site — text, graphics, code, logos, design, and arrangement — is owned by YAKA310 STUDIO or its licensors and is protected by copyright, trade mark, and other intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site and Products for their intended purpose.
You may not copy, modify, distribute, sell, lease, sub-license, or create derivative works from the Site or Products, except as expressly permitted by these Terms, by an applicable open-source licence, or with our prior written consent.
Open-source components
Some Products incorporate open-source software, which is licensed to you under the terms of the applicable open-source licence. Nothing in these Terms limits your rights under those licences. Where there is a conflict, the open-source licence controls in respect of the component it covers.
Third-party services
The Site or Products may link to or integrate with third-party services. We are not responsible for the content, accuracy, availability, or practices of any third party. Your use of any third-party service is governed by that service's own terms.
Disclaimer
The Site and Products are provided on an "as is" and "as available" basis without warranties of any kind. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
Nothing in these Terms excludes or limits any rights you have under applicable consumer-protection law (including, where applicable, the Sale of Goods Ordinance and Control of Exemption Clauses Ordinance of Hong Kong) that cannot be lawfully excluded or limited.
Limitation of liability
To the maximum extent permitted by applicable law, YAKA310 STUDIO, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, revenue, goodwill, data, or business opportunity, arising out of or connected with your use of the Site or Products, whether based on contract, tort, negligence, strict liability, or otherwise.
Our aggregate liability for any claim arising out of or relating to these Terms, the Site, or the Products is limited to the greater of (a) the amount you paid us, if any, in the 12 months before the event giving rise to the claim, or (b) HK$1,000.
Nothing in this section limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.
Indemnification
You agree to indemnify and hold harmless YAKA310 STUDIO and its personnel from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of (a) your breach of these Terms, (b) your misuse of the Site or Products, or (c) your violation of any law or the rights of any third party. This section does not apply to consumers to the extent prohibited by applicable law.
Termination
We may suspend or terminate your access to the Site or any Product at any time, with or without notice, including if we reasonably believe you have breached these Terms or pose a risk to other users, third parties, or us. You may stop using the Site or Products at any time.
Sections of these Terms that by their nature should survive termination (including Intellectual property, Disclaimer, Limitation of liability, Indemnification, Governing law, and General) will continue to apply after termination.
Changes to these Terms
We may modify these Terms from time to time. The "last updated" date at the top of this page reflects the most recent revision. For material changes, we will provide reasonable notice (for example, by email or a banner on the Site) before they take effect. Continued use after changes take effect means you accept the revised Terms.
Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles.
You and we submit to the exclusive jurisdiction of the courts of Hong Kong for any disputes arising out of or relating to these Terms, except that we may seek injunctive or other equitable relief in any jurisdiction to protect our intellectual property rights.
General
- Entire agreement. These Terms (together with our Privacy Policy and any additional Product-specific terms) are the entire agreement between you and us regarding the Site and Products.
- Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions will remain in full force.
- No waiver. Our failure to enforce any provision is not a waiver of that provision.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- No agency. These Terms do not create any agency, partnership, joint venture, or employment relationship.
- Notices. We may give you notice by email or by posting on the Site. You may give us notice by email to support@yaka310.com.
Contact
Questions about these Terms can be sent to support@yaka310.com.
YAKA310 STUDIO
Note. This Terms of Service is provided as a working template and not as legal advice. We recommend a Hong Kong-qualified lawyer review it before it is relied on for any commercial engagement.