Terms of Use

Last Updated and Effective: August 7, 2024

These Terms of Use (“Terms”) apply to your use of the Calendar.cx website and online services (the “Platform”) provided by Calendar.cx (“Calendar.cx,” “we,” or “us”), a company located in Hong Kong.

PLEASE NOTE: Section 15 contains a mandatory arbitration provision and class action waiver, which require you to arbitrate certain disputes and claims with us and limit the manner in which you can seek relief from us.

If you have any questions about these Terms or our Platform, please contact us at feedback@calendar.cx. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

1. ELIGIBILITY

You must be at least 13 years old to use the Platform. If you are between the ages of 13 and 18 (or the age of legal majority where you live), you may use our Platform only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms.

2. USER ACCOUNTS

If you register for an account to use our Platform, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reclaim usernames for any reason.

Calendar.cx may suspend or terminate your account or access to the Platform at any time and for any reason, in its sole discretion and without liability to you.

3. USER CONTENT

Our Platform may allow you to post or submit calendar events, notes, comments, and other materials (collectively, “User Content”). You grant Calendar.cx a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content for the purposes of operating and improving the Platform.

You are solely responsible for your User Content. You represent and warrant that you have all rights necessary to grant us the license above and that your User Content does not violate any rights of any other person or entity or any of the restrictions in Section 4.

4. PROHIBITED CONDUCT AND CONTENT

You may use the Platform only for your own personal, noncommercial use, unless otherwise explicitly authorized by Calendar.cx in writing. You will not:

a) Use the Platform for any illegal purpose or in violation of any local, state, national, or international law;

b) Violate or encourage others to violate the rights of third parties, including intellectual property rights;

c) Post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

d) Interfere with security-related features of the Platform;

e) Interfere with the operation of the Platform or any user’s enjoyment of the Platform, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, or interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform;

f) Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you;

g) Sell or otherwise transfer the access granted herein or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or

h) Attempt to do any of the foregoing in this Section 4, or assist or permit any persons in engaging in any of the activities described in this Section 4.

5. OWNERSHIP; LIMITED LICENSE

The Platform, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Calendar.cx or our licensors and are protected under both Hong Kong and foreign laws. Except for the limited use rights granted to you in these Terms, Calendar.cx and our licensors reserve all rights in and to the Platform.

6. FEEDBACK

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Calendar.cx or our products or Platform (collectively, “Feedback”), is non-confidential and will become the sole property of Calendar.cx. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. COPYRIGHT COMPLAINTS

If you believe anything on our Platform infringes upon any copyright which you own or control, please notify us at:

Designated Copyright Agent

Email: dmca@calendar.cx

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.

8. MODIFICATION OF THE PLATFORM

We reserve the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. We will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.

9. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Calendar.cx and our officers, directors, agents, and employees (individually and collectively, the “Calendar.cx Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs arising out of or related to your violation of these Terms or your use of the Platform. You agree to promptly notify Calendar.cx of any third-party claims, cooperate with the Calendar.cx Parties in defending such claims, and pay all fees, costs and expenses associated with defending such claims. You also agree that the Calendar.cx Parties will have control of the defense or settlement, at calendar.cx’s sole option, of any third-party claims.

10. DISCLAIMERS; NO WARRANTIES

The platform and all materials and content available through the platform are provided “as is” and on an “as available” basis. calendar.cx disclaims all warranties of any kind, whether express or implied, relating to the platform and all materials and content available through the platform, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. calendar.cx does not warrant that the platform or any portion of the platform, or any materials or content offered through the platform, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and calendar.cx does not warrant that any of those issues will be corrected.

To advice or information, whether oral or written, obtained by you from the platform or calendar.cx parties or any materials or content available through the platform will create any warranty regarding any of the calendar.cx parties or the platform that is not expressly stated in these terms. you assume all risk for any damage that may result from your use of or access to the platform, your dealing with any other platform user, and any materials or content available through the platform. you understand and agree that you use the platform, and use, access, download, or otherwise obtain materials or content through the platform and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the platform), or the loss of data that results from the use of the platform or the download or use of that material or content.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11. LIMITATION OF LIABILITY

In no event will the calendar.Cx parties be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the platform or any materials or content on the platform, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any calendar.Cx party has been informed of the possibility of damage.

The aggregate liability of the calendar.cx parties to you for all claims arising out of or relating to the use of or any inability to use any portion of the platform or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to calendar.cx for access to and use of the platform in the 12 months prior to the event or circumstance giving rise to claim; or (b) $100.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.

12. GOVERNING LAW AND VENUE

These Terms and your use of the Platform are governed by the laws of Hong Kong, without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Calendar.cx agree to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong for the purpose of litigating any dispute.

13. CHANGES TO THESE TERMS

We may update these Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Platform and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Platform. If you continue to use the Platform after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Platform anymore.

14. TERMINATION

We may terminate your access to and use of the Platform, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Platform or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

15. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Calendar.cx and limits the manner in which you can seek relief from us.

a) Arbitration. Any dispute arising from these Terms and your use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be resolved by final and binding arbitration under the rules of the Hong Kong International Arbitration Centre applying Hong Kong law.

b) Waiver of Jury Trial. You and calendar.cx waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and calendar.cx are instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement.

c) Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

d) Opt-out. You can opt out of this Arbitration Agreement within 30 days of the date you first accepted these Terms by emailing us at support@calendar.cx.

16. MISCELLANEOUS

These Terms constitute the entire agreement between you and Calendar.cx regarding the use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

17. CONTACT INFORMATION

If you have any questions about these Terms or the Platform, please contact us at contact@calendar.cx.