EFFECTIVE AS OF APRIL 13th, 2021

 

THIS TERMS OF USE AND CONDITIONS (hereinafter as the “Terms") is made between Butterfly Media Ltd (hereinafter as "Company", “Butterfly”, "we", "us", "our") and any person (hereinafter as "user", “you”) who completes the process to download, utilize, or operate any software or application created or offered by Butterfly.

 

1. Acceptation of the Terms and Conditions

We provide the services according to these Terms and Conditions of Use (hereinafter as the "Terms"). Please read them carefully. By confirming your acceptance of these Terms, you agree to be bound by these Terms on your own behalf. You agree that without prior notice we may revise these Terms. The revised Terms shall take effect immediately and replace the old Terms. You agree to follow these Terms and the User code while using our Services. The User code forms part of these Terms.

 

2. Terms of Use

Butterfly provides the platform for an online forum (hereinafter as the "Service"). This Service is provided by Butterfly Media Ltd.

You agree that the Service may include advertisements. These advertisements are necessary for Butterfly to provide the Service. You also agree that the Service may include communications sent by Butterfly, such as service announcements and administrative information, and these communications are part of the Butterfly Service, and you cannot choose to stop receiving them.

Unless otherwise expressly stipulated, any new functions that increase or enhance the Service (including new products launched) are governed by these Terms. You agree that this Service is provided "as is", and Butterfly is not responsible for any user communication or personalization settings of the timeliness, deletion, transmission errors, or failure to save. Butterfly reserves the right to suspend all or part of the service without prior notice to you for maintenance, updates or other work at Butterfly’s own discretion. You must obtain this Service yourself, and you are also responsible for third-party fees (such as Internet providers or on-time charges), including fees related to advertising display or delivery. In addition, you must provide all necessary equipment required to obtain the Service and be responsible for it.

Please carefully read these Terms, you must be at least 18 years old to use it.

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3. Obligation of Registration

In order to use this Service, you agree to the following:

(a) Provide your correct, accurate, up-to-date and complete information to the registration form (hereinafter as "Registration Information"), 

(b) maintain and immediately update the Registration Information to ensure that the information is correct, accurate, up-to-date and complete. If you provide any wrong, false, outdated, incomplete or misleading information, or if Butterfly has reasonable grounds to suspect that the information is wrong, false, outdated, incomplete or misleading, Butterfly reserves the right to immediately suspend or terminate your account, and Butterfly may refuse you to use all or part of this Service now and in the future. Butterfly is concerned about the safety and privacy of all users.

 

4. Privacy Policy

The Registration Information and other related information that Butterfly keeps regarding its users are governed by thePersonal Data (Privacy) Ordinance (PDPO) (Cap. 486) and the Company's "Privacy Policy". 

 

5. Member’s Account, Password and Security

After completing the Registration process, you will receive a Password and an Account Number. It is your responsibility to maintain the confidentiality of Password and Account Number. You will be fully responsible for all actions performed using this Password and Account. You agree to the following: (a) When your Password or Account is used without authorization, or any other security issues occur, you will immediately notify Butterfly, and (b) when your connection is terminated, your account will be closed. Butterfly will not be responsible for any loss or damage resulting from your failure arising thereof.

 

6. Member’s Behaviours

You understand that the information, data, text, software, music, audio, photos, graphics, videos, information or other data (hereinafter as the "Content"), whether it is publicly posted or privately transmitted, is provided under the responsibility of the user who posted it. In other words, you are solely responsible for the Content uploaded, posted, emailed or transmitted via the Service and not Butterfly. Butterfly has no control over the Content posted through the Service, and therefore does not guarantee the correctness, completeness or quality of the previously thereof. You understand that when you use this service, you may be exposed to any Content that is unpleasant, inappropriate, and disgusting. Under any circumstance, Butterfly is not responsible for any Content, including but not limited to any errors or omissions in a Content, and any loss or damage derived from posting, emailing or transmission via this Service.

In addition, you agree not to use this service for the following purposes:

 

a) Upload, post, send email or transmit any Content that is illegal, harmful, coercive, abusive, harassing, intrusive, slanderous, vulgar, obscene, defamatory, infringing on the privacy of others, harmful or racially discriminatory or morally unpleasant.

b) Harm minors in any way.

c) Impersonate any person or organization, including but not limited to Butterfly directors, forum leaders, moderators, or make false statements or misrepresent the relationship with any person or organization.

d) Falsify titles or manipulate identification data in other ways to disguise the source of any Content transmitted through the Service.

e) Upload, post or otherwise transmit any Content that is not authorized to be transmitted based on any law or regulation (such as due to employment relationships, proprietary and confidential information collected or disclosed under confidentiality agreements).

f) Upload, post or otherwise transmit the Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (hereinafter as "Rights") of any person.

g) Upload, post, or otherwise transmit any advertising letters, promotional materials, "spam", "spam letters", "chain letters", "direct sales" or any other forms of solicitation materials.

h) Create computer viruses to interfere with, destroy or limit any computer software, hardware or communication equipment, including but not limited to "Trojan Horses" virus, worms, "time bombs" or delete any data from cancelbots (hereinafter as "Viruses"), or other computer codes, files, and programs, upload, post, email or send it by other means.

i) Disrupt the normal conversation flow, causing the screen to move quickly, or make other users of this service unable to type, or have a negative impact on the ability of other users to participate in real-time communication. 

(j) Interfere with or destroy the service or the servers and networks connected to this Service, or fail to comply with the rules, procedures, policies or regulations of the network connected to this Service.

k) Intentionally or unintentionally violate any applicable local, national or international regulations, as well as any regulations.

l) "Stalk" or otherwise harass others. 

m) Collect and store the personal data of other users; it does not include the personal data that is stored correctly and used in accordance with the relevant personal data protection regulations.

 

You understand that Butterfly has not reviewed the Content in advance, but Butterfly and its representatives have the right (but not the obligation) to reject and remove any Content that can be provided through the Service at its own discretion. Subject to the regulations, Butterfly and its representatives have the right to remove any Content that violates these Terms. When you use any Content, including situations that rely on the correctness, completeness or practicality of the Content, you agree that you must evaluate it at your own discretion and bear all risks. Therefore, you agree that you shall not rely on any Content created or accepted by Butterfly, including but not limited to other parts of the Service.

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Butterfly operates by uploading messages in real time. Butterfly is not responsible for the authenticity, completeness and position of all messages. All comments represent the personal opinions of the commenters, not the position of Butterfly. Because Butterfly is restricted by the "immediate upload of comments" operation method, it cannot fully monitor all comments. If you find that there are issues with the comments, please notify Butterfly via the following form:

 

http://www.hkbutterfly.com/reportissues/

 

All comments made by Butterfly members only represent their personal opinions, and Butterfly has not reviewed their comments, behaviors and management of the discussion area in advance. Their remarks, behaviors and management of the discussion area do not represent our position.

You agree that when Butterfly determines that the Content must be preserved or disclosed in accordance with the requirements of laws or regulations, or based on good faith for the following purposes within the scope of reasonable necessity, it may preserve and disclose for the following events: (a) to comply with legal procedures, (b) to enforce these Terms, (c) to respond to any claims when the Content infringes the rights of third parties, or (d) to protect the rights, property or personal safety of Butterfly, its users and the public.

You understand that the technical process and transmission of the Service, including your Content, may (a) be transmitted via various networks, and (b) may be changed in order to meet and cooperate with the technical requirements of the connected network or device.

 

7. Special Warning for International Use

You understand the International nature of the Internet and agree to comply with all relevant local regulations regarding online behavior and what consists of acceptable Content. You specifically agree to comply with all relevant laws regarding personal data from Hong Kong or from the country or region where you are located.

 

8. Public information posted on Butterfly

(a) For the application of these Terms, the "Common use area" refers to the area available to the general public. For example, the publicly available area of the Service includes discussion forums.

(b) Regarding the Content you choose to post in Common use area, you grant Butterfly the following rights: royalty-free, permanent, irrevocable, non-exclusive and fully sublicensable, the right to modify, rearrange, adapt, distribute, translate the Content, create derivative works, and distribute, demonstrate and display the Content (part or all), and/or post among other works in the form, media, and technology that are currently known and developed in the future.

 

9. Indemnity

You agree to compensate Butterfly and its branches, directors, agents, or other partners and employees from any third party's claim which is derived or caused, including but not limited to all costs such as attorney fees, administrative fees, court fees, etc., due to the Content' you provided, posted, or transmitted through the Service, your use of the Service, your connection with the Service, your violation of the Terms, or your infringement of any rights of other people, and you also agree to protect Butterfly and its branches, directors, agents, or other partners and employees from any damage.

 

10. Prohibition of resale of services

You agree not to reproduce, copy, sell, resell or use any part of the Service or the use or access of the Service for any commercial purpose.

 

11. General measures on use and storage

You acknowledge that Butterfly may set general measures and restrictions regarding the use of the Service, including but not limited to the retain of short messages, bulletin board content or other Content for a longer period of time, to send and receive short messages in one account, as well as to set the maximum limit of the number of times you can use the Service (and the maximum limit of each time) in a specific period. If Butterfly deletes or fails to store any messages and other communications and other Content maintained or transmitted by the Service, you agree that Butterfly will not bear any responsibility. You also agree that Butterfly reserves the right to close accounts that have not been used for a long time. You also agree that Butterfly reserves the right to change these general measures and restrictions at any time in accordance at its sole discretion without notifying you.

 

12. Service modification

Butterfly reserves the right to modify or terminate the Service (or any part of it) temporarily or permanently at any time, without notifying you. For any modification, suspension or termination of this service, you agree that Butterfly will not be liable to you or any third party.

 

13. Termination

You agree that Butterfly may delete your password, account (or any part of it) or this account for any reason whatsoever, including but not limited to a lack of use, or in violation of these Terms at Butterfly sole’s discretion. Without notifying you, Butterfly can terminate the Service or any part of it at any time at Butterfly sole’s discretion. You agree that the Service provided in accordance with these Terms can be suspended or terminated without prior notice. You acknowledge and agree that Butterfly is allowed to immediately close or delete your account and all related information in your account and in the Content you previously uploaded, and/or prohibit the use of files and the Service. In addition, you agree that if your access to the Service is suspended or terminated, or your account or related information and files are frozen or deleted, Butterfly will not be liable.

 

14. Deals with advertisers

Your communication with advertisers on the Service or through the Service, or your participation in promotional activities, including the payment and delivery of related goods or services only concern you and the advertisers. You agree that Butterfly will not be responsible for any loss or damage of any nature arising from any transaction or from the advertisers.

 

15. Links

The Service or a third party may provide links to other websites or resources online. Since Butterfly has no control over other websites and resources, you agree that Butterfly is not responsible for the external websites or resources that are available for use and any Content, advertisements, products or other materials from the other websites or resources. You further agree that Butterfly shall not be liable of any direct or indirect responsibility for any damage or loss caused or allegedly caused by any Content, goods or services that exist or through any website or resource thereof.

 

16. Disclaimer

You clearly understand and agree:

(a) Butterfly fulfills its obligations in accordance with these Terms, and is limited to provide the Services with reasonable skills and care. These Terms do not contain any mention that exempts or restricts death or personal damage caused by negligence, fraud or other responsible acts that cannot be exempted or restricted by applicable laws.

(b) Your use of the Service is at your own risk. The Service is provided on a “as is" and "existing" basis. Butterfly does not provide any express or implied guarantees, including but not limited to commercial marketability, suitability for specific purposes, and non-infringement of the rights of third parties.

(c) Butterfly does not guarantee the following: (i) the Service will meet your requirements, (ii) the Service will not be disturbed, provided in a timely manner, safe and reliable, or free from errors, (iii) the results obtained from the use of the Service to be correct or reliable, (iv) any products, services, information or other materials you purchase or obtain through the Service will meet your expectations.

(d) Downloading or obtaining any data through the use of the Service is at your own consideration and at your own risk. You should be fully responsible for any damage to your computer system or loss of data due to the download of any data should be responsible for you.

(e) The advice and information you obtain from Butterfly or through the Service, whether written or oral, does not constitute any guarantee not expressly stated in these Terms.

(f) Butterfly is not responsible for any loss of information caused by any operation or system error (including but not limited to posts, rewards, virtual coins, short messages, etc.).

 

17. Limitation of Liability

You clearly understand and agree that Butterfly will not be liable for any direct, indirect, incidental, special, derivative or punitive damages caused by the following reasons, including but not limited to profit, goodwill, use, loss of data or other intangible losses (Even if Butterfly has been informed of the possibility of compensation beforehand): (i) the use or unavailability of the Service, (ii) any goods, data, information or services purchased or obtained through the Service, or Information received, or the purchase cost of alternative goods and services, (iii) your transmission or data has been accessed or altered without authorization, (iv) any third party’s statement or behavior, or (v) other related matters of the Service (except those expressly mentioned in these Terms).

 

18. Exclusions and restrictions

Some jurisdictions do not allow the exclusion of certain liabilities, or the limitation or exclusion of incidental or derivative compensation. Therefore, some of the restrictions in Articles 18 and 19 may not apply to you.

 

19. Notice

Butterfly may notice you through announcements or short messages. When the Terms are amended, we may notify you through notices or links to these notices.

 

20. Copyright and copyright agent

Butterfly respects the intellectual property of third-party and also calls on users to respect the intellectual property of third-party. If you believe that your work has been reproduced and constitute an infringement to your right, please provide the following information to Butterfly: 

The e-signature or written signature of the copyright owner.

Description of the work that you claim to be infringed.

A description of the location where the work that you claim has violated your rights.

Your address, phone number, and email address.

You declare in good faith that the disputed use is not authorized by the copyright owner, its agent or the law.

Under the premise that you understand the penalties for perjury, you declare that the information contained in your notice is correct, and that you are the copyright owner or you are authorized to act as the copyright owner.

Please notify us any copyright infringement through the following form http://www.hkbutterfly.com/reportissues/

 

21. Normal condition

These Terms constitute the entire agreement between you and Butterfly, and regulate your use of this service, and supersede any previous agreement between you and Butterfly. When you use our Service, any third-party content or software, you should also comply with the other applicable terms and conditions. These Terms and your relationship with Butterfly are governed by the laws of the Hong Kong Special Administrative Region Government of the People's Republic of China (hereinafter as "Hong Kong"), and no other foreign laws are applicable. Both you and Butterfly agree to submit to the personal and exclusive jurisdiction of the Hong Kong courts. Butterfly's failure to exercise or implement any of the rights or provisions of these Terms does not constitute the abandonment of its rights. If any provisions of these Terms are considered as invalid by the courts, the parties still agree that the court should strive to make the parties’ intentions reflected in the other valid provisions, and that other provisions of these Terms shall remain intact and valid. You agree that regardless of any statute or other provisions of the law, any claims or litigation derived from or related to the use of the Service or these Terms should be filed within one year after the reasons for the claims or litigation to occur, otherwise the claim shall be expired.

The title of these Terms is provided for convenience only and does not have any legal or contractual effects.

 

22. Breach of contract

If you find any violation of these Terms, please notify us at: http://www.hkbutterfly.com/reportissues/

 

23. User Code

Butterfly is a discussion forum for lesbians. Any woman over 18 years old is welcome to participate.

Members who use Butterfly  must respect the following user rules. In case of violations, Butterfly will suspend the user's rights and delete the relevant content without prior notice.

 

1. You must be a female of at least 18 years old

 

2. Please do not post or send the following content in the discussion forum and private messages:

Any pornographic, indecent, obscene or disturbing photos and content

Any remark looking for a one-night stand/sexual partner/sexual party

Any personal attack, indecent, intimidating, defamatory and insulting remarks

Any hate speech against women, homosexuals, bisexuals, or transgender persons

Repetitive, uninteresting or off-topic topics and responses

Identity documents and contact information of yourself or third-party, such as phone number, address, company, etc.

Any message advocating illegal behavior

Any content that infringes the copyright of others

 

3. Please do not send harassing, indecent or private messages containing advertisements to other members.

 

4. Do not post any advertisements that are not approved by Butterfly, including merchandising, recruitment, leasing, business cooperation or solicitation of private services. However, the following services specifically designed for lesbians are subject to discretion:

Events dedicated to lesbians

Les Bar and Cafe (This category can contain phone numbers and addresses)

Local non-profit organizations for lesbians can also list phone numbers

Please do not upload advertisements for finance, investment, insurance, building leasing and trading, etc.

Please do not upload any pornographic, personal assault, indecent and illegal information, offenders will be suspended

Do not perturbate the service with a different account

If you find any violators, please notify us to deal with http://www.hkbutterfly.com/reportissues/.