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Terms of use

The ShogoLive Service ("ShogoLive”) is owned and operated by RealEase Limited (collectively, "RealEase") whose registered office is at 15/F., Morrison Commercial Building, 31 Morrison Hill Road, Wanchai, Hong Kong. The ShogoLive is offered to you conditional upon your acceptance of :

  • (a) the following terms of use; and
  • (b) all policies and guidelines at such URLs, as provided to you by RealEase from time to time, (collectively referred to as the "Terms of Use") in connection with the ShogoLive Service. You should not access or use the ShogoLive , unless you accept the Terms of Use. Your continued access to and use of the ShogoLive constitutes your binding acceptance of the Terms of Use, and signifies that you have read and understand and agree to be bound by the Terms of Use.

Please read the Terms of Use carefully as they contain important information regarding your legal rights, remedies and obligations and, in particular, we would like to draw your special attention to the sections "General Disclaimers" and "Limitation of Liability" below.

    You may only access and use the ShogoLive if you are of legal age and have contractual capacity to form a binding contract and if you are not a person barred from receiving any such services under the laws of any jurisdiction in which you are a resident and/or to which you are subject.

RealEase may periodically amend any part of the Terms of Use. When these amendments are made, RealEase will make a new copy of the updated Terms of Use available as a link from the corresponding website of ShogoLive. If you use (or continue to use) the ShogoLive after the date on which the applicable terms have been amended, you shall be deemed to: (i) have sufficient notice of such amendments and (ii) have accepted the updated Terms of Use.

Further, RealEase may from time to time publish policies and guidelines in relation to your use of the ShogoLive Service. These policies and guidelines may restrict and/or place limits on the type of content you can load and/or store through the ShogoLive Service. You agree to follow the then current policies and guidelines published by RealEase from time to time.

As you are bound by the Terms of Use, you should regularly review this webpage on which the Terms of Use are displayed.

  1. USER CONDUCT
    1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials (any of which, the "Content") whether publicly posted or privately transmitted are the sole responsibility of the person from which such Content originated. This means that you (and not RealEase) will be entirely responsible for all Content that you upload, post or otherwise transmit via ShogoLive.
    2. You understand that by using ShogoLive, you may be exposed to Content that is indecent, offensive or objectionable to you, and that you use the ShogoLive at your own risk.
    3. You are responsible for all the Content that you upload, post on or transmit through the ShogoLive and you should use the ShogoLive only for purposes that are lawful and in accordance with the Terms of Use. When using ShogoLive, you should not:
      1. upload, post, transmit, distribute, download or link to Content that is unlawful, harassing, abusive, threatening, offensive, harmful, obscene, tortuous, libellous, defamatory, invasive of another's privacy, or otherwise objectionable or that threatens physical harm or create hatred to any other person, group, or yourself; or
      2. upload, post, transmit, distribute, or link to a site that violates intellectual property laws or infringes any intellectual property or other proprietary rights (including but not limited to trade marks and copyrights), or any contractual or fiduciary rights, including but not limited to posting: (i) files used to circumvent copy-protect devices, or (ii) pirated photographs/music, or (iii) links to such files; or
      3. upload, post, transmit, distribute or link to Content that:
        1. is pornographic or indecent;
        2. involves nudity, including nudity or partial nudity of children of any age;
        3. exploits anyone under the age of 18;
        4. discloses or contains any personal-identifiable information beyond a first name about any person who appears to be under the age of 18; or
        5. promotes or provides instructional information about unlawful or illegal activities; or
      4. engage in any activity or link to a site that may be used to obtain unauthorized access to, interfere with, disrupt or cause damage to: (i) the ShogoLive or the computer servers, networks or systems connected to the ShogoLive or (ii) accounts of others. Such acts shall include but is not limited to posting and/or spreading viruses (such as trojan horses, worms, time bombs, or any other harmful or deleterious programs) or software designed to create a virus or to do harm to ShogoLive or its users; or
      5. impersonate RealEase, RealEase's staff, or attempt to mislead others as to the identity of the sender or the origin of a message; or
    4. RealEase reserves the absolute right in its sole discretion, but shall have no obligation, to pre-screen, monitor, view, refuse or remove any Content available, transmitted or received through ShogoLive, or otherwise disable your access to (or use of) the ShogoLive at any time without notice.
    5. RealEase may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
      1. comply with any applicable law, regulation, legal process, court order or enforceable governmental request/order;
      2. enforce the Terms of Use, including investigation of potential breaches of them;
      3. detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam); or
      4. protect against imminent harm to the rights, property or safety of RealEase, its users or the public as required or permitted by applicable law.
    6. You understand that the transmission and technical processing of any Content through the ShogoLive may involve transmissions and processing over various public networks. You should not upload, transmit or download any Content that you or anyone else considers to be confidential or private through ShogoLive.
  2. NO RESALE OF SERVICE
    You agree not to reproduce, duplicate, copy, sell, resell or exploit for commercial purposes: (a) any portion of ShogoLive, or (b) access to or use of ShogoLive.
  3. USE AND STORAGE
    1. RealEase has no responsibility or liability for the deletion of or failure to store or make available any Content and other communications maintained or transmitted through ShogoLive. You are encouraged to keep on your own computer system and/or other storage devices a backup copy of all Content which you submit or upload to ShogoLive.
    2. RealEase has the absolute right in its sole discretion to limit the number of transmissions you may send or receive through ShogoLive or the amount of storage space, bandwidth, or other resources you may use, and RealEase has the absolute right to terminate or suspend your account, if usage exceeds these limits.
  4. MODIFICATIONS TO THE SERVICE AND NEW SERVICES
    1. RealEase may at any time and from time to time modify, suspend or discontinue (whether temporarily or permanently) the ShogoLive (or any part thereof) with or without notice. RealEase shall not be liable to you or to any third party for any modification, suspension or discontinuance of ShogoLive.
    2. From time to time RealEase may offer you new or additional services (such as additional storage) in connection with ShogoLive. Such new or additional services may be subject to additional terms and conditions, including the payment of charges.
  5. EXTERNAL LINKS AND ADVERTISEMENTS
    1. The ShogoLive may contain hyperlinks to Internet sites and resources operated by third parties. These linked web sites are not under the control of Realease. As such, RealEase is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the contents, advertising, products or other material on such sites. RealEase shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such sites. Any concerns regarding an external link should be directed to its responsible site administrator or webmaster. You are encouraged to make whatever investigation you think necessary or appropriate before proceeding with any on-line or off-line transaction with any of these third parties.
    2. The ShogoLive may also contain third party advertisements embedded with hyperlinks to third party web sites. All such advertisings are paid for by the relevant third party advertiser and are not recommendations or endorsements by RealEase or its affiliates. You should refer to the relevant advertiser for information on its products and/or services.
    3. The manner, mode and extent of advertising by RealEase on the ShogoLive and other services are subject to changes at RealEase's absolute discretion from time to time. You agree that your Content may be co-mingled with advertisements that appear on webpages or may be incorporated into ShogoLive. RealEase shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on RealEase's services.
  6. TERMINATION
    1. You may discontinue your use of ShogoLive at any time. You do not need to specifically notify RealEase when you cease using ShogoLive.
    2. RealEase may terminate or disable your access to (or use of) the ShogoLive at any time if:
      1. you commit any breach of any of your obligations under the Terms of Use;
      2. you act in a manner which shows, in RealEase's sole opinion, that you do not intend to, or are unable to comply with the provisions of the Terms of Use;
      3. RealEase is required to do so by any applicable law, regulation, legal process, court order or enforceable governmental request/order;
      4. RealEase decides not to provide the ShogoLive any longer to users in the jurisdiction in which you are resident; or
      5. the provision of the ShogoLive by RealEase is no longer commercially viable.
        6. RealEase may exercise its aforementioned termination or disabling right under this section without giving you any prior written notice but, to the extent reasonably practicable, RealEase will use reasonable endeavours to send you a termination/disabling notice after the exercise of its aforementioned termination or disabling right.
    3. If RealEase terminates or disables your access to (or use of) your account in respect of ShogoLive, you may be prevented from accessing ShogoLive, your account details, any files, Content and/or other material which is stored or contained in your such account.
    4. Any exercise of its aforementioned termination or disabling right by RealEase under this section shall not affect any accrued rights or liabilities of you or RealEase nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such exercise.
  7. GENERAL DISCLAIMERS
    1. The ShogoLive (including all other Content and materials) is provided on an "as is" and "as available" basis.
    2. You expressly agree that access to and use of the ShogoLive is at your sole risk. Any Content or other material downloaded or otherwise obtained through the use of the ShogoLive is obtained at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such Content or material.
    3. To the fullest extent permitted by applicable law, RealEase expressly disclaims all warranties and conditions of any kind (whether express or implied) (including but not limited to any implied terms as to quality, fitness for purpose or conformance with description) in respect of the ShogoLive except to the extent that they are expressly specified in the Terms of Use.
    4. To the fullest extent permitted by applicable law, RealEase makes no warranty that:
      1. the ShogoLive will meet your requirements;
      2. the ShogoLive will be uninterrupted, timely, secure or error free;
      3. there will be no loss or corruption of your Content or other data that is: (i) submitted to or transmitted through the ShogoLive Service, or (ii) stored or contained in your account through the ShogoLive Service;
      4. particular results may be obtained from the use of ShogoLive;
      5. the ShogoLive is free of viruses or other harmful components;
      6. confidentiality of information transmitted through the ShogoLive will be maintained;
      7. language translations provided through the Service will be accurate or complete; or
      8. any goods or services provided by third party merchants (including the delivery thereof) advertised, purchased or obtained from the ShogoLive will be of merchantable quality or fit for a particular purpose; or
      9. any defects, bugs or errors in operation of the software will be corrected.
    5. No advice or information, whether oral or written, obtained by you from RealEase or through or from the ShogoLive shall create any warranty not expressly stated in the Terms of Use.
    6. The opinions and views expressed by users through the ShogoLive do not reflect the views of RealEase. RealEase is not responsible for any content distributed or posted by users, and assumes no responsibility for and makes no warranty or representation as to its accuracy, currency, completeness, reliability or usefulness. RealEase encourages you to bring any breaches of the Terms of Use to RealEase's attention (as described in the section "Reporting Breaches" below), although RealEase is not obliged to take any action based on such information.
  8. LIMITATION OF LIABILITY
    1. To the fullest extent permitted by applicable law, RealEase excludes all liability for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits or other economic losses, goodwill, use, Content, data or other intangible losses resulting from:
      1. the use or the inability to use ShogoLive;
      2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messaged received or transactions entered into through or from ShogoLive;
      3. unauthorized access to or alteration of your transmissions or data, and/or
      4. statements or conduct or omission of any third party on ShogoLive.
    2. You further agree that RealEase is not responsible or liable to you for any threatening, defamatory, obscene, offensive or illegal conduct of other users or any infringement of another's rights, including intellectual property rights, occurring on or through ShogoLive.
    3. If you are dissatisfied with ShogoLive, the Content or other materials available on it, or with the Terms of Use, your sole and exclusive remedy is to discontinue using ShogoLive.
    4. Without limiting any other provision of the Terms of Use, RealEase’s total aggregate liability to you shall be limited to:
      1. in the case of services supplied or offered by RealEase, (a) the supply of the services again or (b) the payment of the cost of having services supplied again; and
      2. in the case of goods supplied or offered by RealEase, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
    5. The above limitations on RealEase's liability shall apply irrespective of whether or not RealEase has been advised of the possibility of any such losses arising.
    6. Any claim by you against RealEase arising out of the Terms of Use shall be notified in writing to RealEase within 1 year of the incident giving rise to such claim, failing which you will be deemed to have waived your rights in respect of such claim.
    7. RealEase shall not be liable to you in the event that RealEase is unable to perform an obligation or provide the ShogoLive to you because of any force majeure event.
    8. Nothing in the Terms of Use shall exclude or limit RealEase's liability for losses which may not be lawfully excluded or limited by applicable law.
  9. INDEMNIFICATION
    1. You agree to indemnify, defend and hold harmless RealEase and its parents, subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on ShogoLive, Content or messages posted or transmitted by you on or through ShogoLive.
    2. RealEase reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
  10. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT NOTICE
    1. Your Proprietary Rights and Grant of Licences
      1. You or a third party licensor, as appropriate, retain all patent, trade mark and copyright to any Content you submit, upload, post or display on or through the ShogoLive and you are responsible for protecting those rights, as appropriate. RealEase claims no ownership or control over any Content submitted, uploaded, posted or displayed by you on or through ShogoLive.
      2. You acknowledge that the Content you submit or upload to the ShogoLive may be available to the public. You should not submit information which is confidential or private, or which otherwise contravenes the law.
      3. By submitting, uploading, posting or displaying Content on or through ShogoLive, you hereby grant RealEase (and its successors and assigns) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable licence under your copyrights or other intellectual property rights in such Content to:
        1. reproduce, adapt, distribute, display, publish, create derivative works from, and use such Content in any manner (in whole or part) without any duty to account to you through the ShogoLive (including but not limited to RSS or other content feeds offered through ShogoLive) and other RealEase's services; and
        2. authorize the downloading and printing of such Content, or any portion thereof, by other end users for their personal use.
          Subject to RealEase's then current Content-related policies, you may remove the Content you have uploaded or posted on or through the ShogoLive from time to time. After the relevant Content is removed from ShogoLive, RealEase will use its reasonable endeavours to cease to use such Content (under the licence granted under this section) within a commercially reasonable period.
      4. RealEase reserves the right to refuse to: (i) accept, (ii) post, (iii) display, (iv) publish or (v) transmit any Content in its sole discretion. RealEase may remove Content from the ShogoLive at its absolute discretion.
      5. RealEase may also use, without compensation to you, any ideas, concepts, know-how or techniques contained in any communication you send to the ShogoLive for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products using such information.
    2. RealEase's Proprietary Rights in Materials and Software
      1. The contents of ShogoLive, such as text, graphics, images, music, logos, button icons, links, code, trademarks, software (including but not limited to such end-user interface software provided by RealEase (the "Software")) and other material (collectively hereinafter referred to as "Materials") and the compilation of all Materials on the ShogoLive are protected under applicable intellectual property and other applicable laws and treaties (including but not limited to laws governing copyright and trade marks). You agree to comply with all requirements of these laws and treaties. All Materials and compilation thereof (together with all rights, title and interest therein and thereto) are the exclusive property of RealEase, its affiliates, its licensors, content suppliers or clients.
      2. You acknowledge that any Materials you receive through the ShogoLive are for your personal and non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way Materials available through ShogoLive, or otherwise use the Materials for any public or commercial purpose without RealEase's prior written consent. Unauthorised use of any of the Materials may violate copyright, trademark, and other applicable laws.
      3. Subject to the Terms of Service, RealEase grants you a personal, non-transferable, non-exclusive and limited licence to use the object code of its Software for the sole purpose of enabling you to use the ShogoLive as an end-user in the manner permitted by the Terms of Service and permitted by the end-user functionalities of the Software, provided that you do not (and do not allow any third party to):
        1. copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code from the Software, except to the limited extent that applicable law permits such acts notwithstanding a contractual prohibition; and/or
        2. sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by applicable law.
          Except as set forth above, you are not given any express or implied right, licence or permission in respect of the Software (or any part thereof).
      4. You shall not modify the Software in any manner or form, or use any modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to ShogoLive.
      5. You shall not access the ShogoLive by any means other than through the end-user interface that is provided by RealEase for use in accessing ShogoLive.
      6. You further agree not to remove, obscure, or alter RealEase's or any third party’s copyright notices, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
    3. Trade Marks
      1. Nothing contained in the ShogoLive or in the Terms of Use shall be construed as granting to you (by implication, estoppels or otherwise) any license or right to use any of RealEase's Trademarks (as defined below) (whether displayed on the ShogoLive or not) without the express written permission of RealEase or such third party owner.
      2. For the purpose of this section, the term "RealEase's Trademarks" include trade marks, logos, service marks, domain names and other distinctive brand features of RealEase and/or its affiliates.
  11. USE OF PASSWORDS
    1. Before you are permitted to access the ShogoLive the first time, you will be issued a user ID and password for access to ShogoLive. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities conducted under your password. You agree to immediately notify RealEase of any unauthorized use of your password or other breach of confidentiality.
    2. If you have forgotten your password or would like to change your password, click “forgot password” in myshogo.com; or change profile to change your password
  12. REPORTING BREACHES
    1. If you have reasonable ground to believe that:
      1. any Content shown on or transmitted through ShogoLive, or
      2. any activity on ShogoLive, breaches the Terms of Use or infringe your copyright, you may report such breach/infringement to us by contacting us in “contact us” under myshogocom
    2. In the case of reporting any alleged copyright infringement, you should provide RealEase with the following information:
      1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      2. a description of where the material that you claim is infringing is located on the site (including the exact URL);
      3. an address, a telephone number, and an e-mail address where RealEase may be able to contact you and, if different, an e-mail address where the alleged infringing party (if not RealEase) can contact you;
      4. a statement that you have a good-faith belief that the use is not authorized by (i) the copyright or other intellectual property rights owner, (ii) its agent, or (iii) law;
      5. a written declaration by you that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
      6. your electronic or physical signature.
        It is our policy to respond to notices of alleged copyright infringement. However, it is sometimes difficult to determine if your intellectual property rights have been infringed. RealEase may request additional information from you before RealEase removes allegedly infringing material and you agree to meet RealEase's request promptly. If a dispute develops as to the correct owner of the rights in question, RealEase reserve its absolute right at its discretion to remove the Content of both disputing parties.
  13. MISCELLANEOUS
    1. The failure of RealEase to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
    2. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be constituted, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms of Use shall remain in full force and effect.
    3. You shall not assign, transfer or otherwise dispose of any of your rights and obligations under the Terms of Use unless with prior written consent of RealEase. RealEase may assign, transfer and otherwise deal with any of its rights and obligations under the Terms of Use without obtaining your consent.
    4. Nothing in the Terms of Use shall be deemed to constitute a partnership, principal-agency relationship or employer-employee relationship between you and RealEase.
    5. You agree that RealEase may provide you with notices (including but not limited to those regarding changes to the Terms of Service) by email, regular mail, or postings on the ShogoLive from time to time.
    6. The Terms of Use (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and RealEase and govern your use of ShogoLive, superseding any prior agreements between you and RealEase for the use of ShogoLive. You may also be subject to additional terms and conditions that apply when you use or purchase certain other RealEase's services, third-party content or third-party software.
    7. The section headings in the Terms of Use are used for convenience only and shall have no substantive meaning or legal effect.
    8. The provisions contained in the Terms of Use are governed by, and shall be construed in accordance with, the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong. Nothing in this section shall limit the right of RealEase to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.