eyes3 Platform Terms and Conditions of Use
last updated Jan 2020
Welcome to Infinity Cube Limited. We want you to know and understand your rights and our rights relating to the use of the eyes3mobile application/s (“APP”), website/s and related services (collectively, the “eyes3 Platform”). eyes3 is a brand of Infinity Cube Limited.
By downloading or using the eyes3 Platform, the Terms will automatically apply to you. You should make sure therefore that you read them carefully before using the eyes3 Platform.
The eyes3 Platform, all of its constituents, trademarks, copyright, database rights and other intellectual property rights related to it, belong to InfinityCube.
If you access or use the eyes3 Platform on behalf of an Association, Academy, Club, similar organisation or other entity (“Organisation”), you represent that you have authority to bind such Organisation and its affiliates to the Terms and that it is fully binding on them. In such case, the term “you” will also refer to such Organisation and its affiliates. If you do not have authority, you may not access or use the eyes3 Platform. The Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The eyes3 Platform services cannot be provided and the agreement described in the Terms cannot be performed without InfinityCube processing data about you and other users on the eyes3 Platform. Processing of the data you share in or collected by the eyes3 Platform is essential and a necessary part of the eyes3 Platform.
The eyes3 Platform will be updated from time to time. The APP is currently available on IOS. The requirements for IOS, and for any additional systems we decide to extend the availability of the APP to, may change and you will have to download the updates if you wish to continue using the APP.
We are committed to ensuring the eyes3 Platform is as useful and efficient as possible. For that reason, we reserve the right to make changes to the eyes3 Platform at any time or for any reason.
Registration and User Accounts
To use the eyes3 Platform, you must register and create a user account (“Account”) on the eyes3 Platform. You agree to:
a) Provide true, accurate and complete information about yourself (“User Data”); and
b Maintain and promptly update the User Data.
You agree that we may use your User Data to provide the eyes3 Platform services that you use and as otherwise set forth in the Terms. If you provide any User Data that is inaccurate, not current or we have reasonable grounds to suspect that such User Data is inaccurate or not current, we have the right to suspend or terminate your Account and refuse current or future use of the eyes3 Platform. In consideration of your use of the eyes3 Platform, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your Account and for restricting access to your password, your computer and mobile device while logged into the eyes3 Platform. You accept responsibility for all activities that occur under your Account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorised access to your Account. We cannot, however, guarantee absolute security of your Account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party ‘hackers’ from illegally accessing the eyes3 Platform or its contents. You agree to immediately notify InfinityCube of any unauthorised use of your Account or password or any other breach of security and confirm that you understand all risks of unauthorised access to User Data and any other information or content you provide to InfinityCube.
If this feature is available, you may register for or login to your Account via a third-party network, such as Facebook or Google. If you do so, you hereby authorise InfinityCube to pre-populate the registration and other relevant information fields of your Account and/or to use such third-party credentials to log you into your Account. If you connect your Account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third-party.
In using the eyes3Platform, you consent to the collection and use of information about you by InfinityCube in the ways described below.
Information You Provide
We collect a variety of information that you provide directly to us, including any information that may be contained in video, audio, comments or other submissions you upload or post to the eyes3Platform. We may collect information from you in the context of:
- Account registration and administration of your eyes3Platform account
- Establishing an eyes3User Profile
- Uploads or posts to the eyes3Platform
- Customer support and technical assistance
- Processing your purchases and/or subscriptions (“Purchases”) to the eyes3Platform
- Access to eyes3Platform on social networks or third-party services
- Participation in a competition, prize draw or survey
- Other uses of the eyes3Platform where information is requested for use and/or participation
The specific types of information collected will depend upon the eyes3Platform services you use, how you use them and what you choose to provide. These may include, but not limited to, name, email address, phone number, credit card information, gender, date of birth, playing style (e.g. right- or left-handed, single or double handed backhand, baseliner, serve and volley, etc.) and preferred equipment. Those who win a prize in our contests may be required to provide identification proof, which will only be used for prize fulfilment purposes. When you make Purchases on the eyes3Platform, we may collect data such as the purchases you have made and how often you make purchases. We also collect information you choose to include in your eyes3Platform account, including, but not limited to, videos and photos, any comments on yours or others’ posts, interests and preferences, location, etc., and other eyes3Platform users whose eyes3Platform accounts you follow.
Information Collected Through Your Use of the eyes3 Platform
By using the eyes3Platform, you acknowledge and consent that all the your data, including pictures, videos and/or audio recorded on the eyes3Platform (by whichever constituent component of the eyes3Platform), match scores, statistics, etc. (collectively, “Content”) will be automatically recorded and uploaded to the eyes3Platform.
You may use Content for your own non-commercial use. You will also have the option to share Content with your coaches, friends, family or others.
Provided you keep your Account active by using the eyes3 Platform on a regular basis, depending on the status of your purchases and/or subscriptions (“Purchases”) on the eyes3Platform and the terms and conditions of your Purchases, Content will continue to be stored in the eyes3Platform. If you terminate your Account or allow your Account to become inactive, InfinityCube reserves the right to remove Content, delete your Account or both, with or without notice.
Information We Automatically Collect
When you use the eyes3Platform, we may collect certain information as described below for such purposes as improvement of the eyes3Platform, troubleshooting, providing and managing the eyes3Platform, security and monitoring purposes, tracking and analysing usage, providing data for referring traffic sources and improving overall performance of the eyes3Platform. We may use third party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
When you use the APP, we may automatically receive certain information about your mobile device and use of the application, including a mobile device identifier (e.g. a UDID or IDFA on Apple products like the iPhone and iPad), operating system, version and other similar information. We may also collect different types of information, including general information about your location (e.g. IP address).
When you use our website/s, we may collect and analyse information such as your IP address, browser types, browser language, operating system, the country from which you accessed the eyes3Platform, referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the eyes3Platform and upload or post content, error logs and other similar information. We monitor customer traffic patterns and site usage to help us develop the design and layout of the website/s and to improve our website/s to better match the interests of our users.
Information from Other Sources
Anonymous or De-Identified Data
We may collect data that is already in anonymized or de-identified form or we may manually anonymize and/or de-identify information collected by the eyes3Platform or via other means so that the information does not identify you. We may use aggregated information for anonymous statistics and analysis purposes. Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under the Terms, and we may disclose it to others without limitation for any purpose.
How We Use Your Information
The majority of the eyes3Platform services are based on the information collected including, but not limited to, Content created from the use of the eyes3Platform. We may use your information in the context of:
- Providing services to you (e.g. electronic line-calling, gameplay highlights, performance analytics, performance ranking, etc.)
- Calculating user performance metrics for leader boards and/or performance ranking
- Applying user performance metrics in a competition or prize draw
- Matching users with similar User Profiles
- Creating, administering and moderating the eyes3Platform Community
- Providing customer support and technical assistance
- Analysing, operating, improving, developing, maintaining and protecting the eyes3Platform
- Enhancing the safety and security of the eyes3Platform
- Enforcing the Terms and other usage policies
- Complying with third parties, including law enforcement, public/governmental agencies or private litigants, if we determine that disclosure of your information is reasonably necessary for compliance with the law, including to respond to court orders or other legal/regulatory process
We may present user’s performance metrics records in the eyes3Platform on online leader boards and/or performance ranking, unless the user chooses not to disclose such information.
If the user is an Association, Academy, Club, similar organisation or other entity (“Organisation”), each Organisation shall be responsible to inform its players, members or any other persons, and to obtain their consent that their information and/or Content may be collected during the use of the eyes3Platform.
For the purpose of creating subscription plans at the Organisation and distinguishing between individual users and Organisation members, we may provide to the Organisation only limited personal information such as name and contact information.
By using the eyes3Platform, the user acknowledges that InfinityCube shall not be responsible for any persons being recorded without their consent on the eyes3Platform.
We may provide a live streaming feature on the eyes3Platform that users can stream from their mobile phones and each user using such streaming feature shall assume sole and full responsibility for using the streaming feature through the user's mobile phone. We shall assume no responsibility whatsoever for any person/s who were filmed or recorded by the streaming feature and their video was streamed without their consent and/or without being informed by the user. The user will have full responsibility for all the content included in the live streaming from his/her mobile phone.
If the user is an Association, Academy, Club or similar organisation (“Organisation”), each Organisation shall be responsible to inform its players, members or any other persons, to obtain their consent to be recorded and, where such features are used, to stream the live video on the internet. InfinityCube shall assume no responsibility whatsoever for any players, members or any other persons who were recorded (including pictures, videos, audio, match scores, statistics, etc.) by whichever component of the eyes3Platform without their consent and/or without being informed by the Organisation. The users are aware that the Organisation may post and/or stream the video recorded at their website (or at any other website) under the Organisation's discretion. InfinityCube shall assume no responsibility for such posting and/or streaming and the Organisation will be fully responsible for all the content included in such posting and/or streaming.
Users will have the option to share their Content with their coaches, friends, family and others through the internet. By sharing their Content through the internet, users shall be responsible to obtain the consent of all other relevant players in the video and InfinityCube shall not be responsible for such sharing.
You may access the personal information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your personal information, please contact us in writing.
Data Protection Officer
Infinity Cube Limited
Tuspark, 118 Wai Yip Street
In order to protect your personal information, we may require identification from you before releasing the requested information.
Intellectual Property Rights
All intellectual property rights of InfinityCube featured or displayed via the eyes3Platform are the sole property of InfinityCube and are protected under all applicable copyright, trademark, or any other patent laws. Such intellectual property rights include but are not limited to logos, trademarks, service marks, trade names, design, structure, code, algorithms, scripts, text, graphics, photos, images, videos, audio, sound, illustrations, interfaces, applications and all other software data ("Intellectual Property").
You acknowledge and agree that the eyes3Platform is licensed, not sold, to you for use only under the Terms, unless a specific component in the eyes3Platform is accompanied by a separate licence agreement, in which case the terms of that separate licence agreement will govern, subject to your prior acceptance of that separate licence agreement. InfinityCube reserves all rights not expressly granted to you.
The license to use the eyes3Platform is limited to personal use, non-exclusive, non-transferrable and for non-commercial use only. InfinityCube does not transfer any title to the Intellectual Property to you or any user. You may not decompile, reverse engineer, disassemble or otherwise attempt to discover the source code of the eyes3Platform or any of its components thereof.
You may not remove, obscure or alter any brand feature, logo or proprietary rights notice we may place on the eyes3Platform.
You must not:
- use the eyes3Platform in an improper manner; i.e. for any purpose we believe is abusive, fraudulent, a nuisance, harassment, violation of others’ privacy, illegal or for criminal activities
- use the eyes3Platform excessively and/or in a way or manner that may have an adverse impact or damaging to the eyes3Platform in any way
- introduce or allow to be introduced any virus, Trojan Horse, backdoors, robots, spiders, worms, time bombs, bots or other harmful routines, software codes or files or programs that have contaminating or destructive features.
We reserve the right to suspend or throttle your use of eyes3Platform if we have reason to believe that you are using eyes3Platform in an improper manner, excessively or that your use of the same is having an adverse impact or damaging the eyes3Platform in any way.
Disclaimer and Limitation of Liability
The eyes3Platform is provided “as is” and “as available” and we do not guarantee that the eyes3Platform will be uninterrupted, error free, accurate or reliable or that it will meet your requirements. You bear the entire risk as to selecting the services for your purposes and as to the quality and performance of the services, including without limitation the risk that Content is deleted or corrupted or that someone else accesses your online accounts. Except as required by law, all warranties and conditions, express or implied, are excluded.
We will not be liable for any loss or damage, personal injury, for loss of any data or for any indirect, special, consequential, exemplary, indirect, incidental or punitive damages arising out of or in any way relating to these terms or the use of or inability to use the eyes3Platform including without limitation direct and indirect damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. The collective liability of InfinityCube under this agreement will not exceed the amount you paid for the affected the eyes3Platform services.
Any liability we may have to you will be limited to the amount paid by you for the eyes3Platform.
You will indemnify us against any claims and expenses arising from the use of the eyes3Platform in breach of the Terms.
Entire agreement: The Terms set out the entire agreement between the parties relating to the subject matter. Failure to enforce any provisions of the Terms shall not be construed as a waiver of that provision or any other provision in the Terms. No waiver shall be effective against InfinityCube unless made in writing and no waiver shall be construed as a waiver in any other or subsequent instance.
Governing law: The Terms will be governed by the laws of Hong Kong Special Administrative Region.
Disputes: Any dispute arising in relation to the Terms will be determined by arbitration in Hong Kong in accordance with the HKIAC Administered Arbitration Rules or the UNCITRAL Arbitration Rules in force at the time. The appointing authority will be the Hong Kong International Arbitration Centre (HKIAC). There shall be only one arbitrator and the proceedings will be conducted in English.
Termination: We may terminate your rights under the Terms immediately by notice if you fail to comply with any Terms. Upon termination you must cease all use of the eyes3Platform. You may terminate the use of the eyes3Platform at any time by ceasing to use the eyes3Platform – please be aware that amounts paid, including prepayments for eyes3Platform, are not refundable, and you will lose access to your Content on the eyes3Platform.