Last updated October 29th, 2021
1.Agreement to the these General Terms and Conditions
These General Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”) and SmallRig Technology (HK) Limited (“SmallRig”, “Company“, “we”, “us”, or “our”), concerning your access to and use of the https://www.SmallRig.com.de website as well as any other websites, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
SmallRig is registered in Hong Kong and have our registered office at Rm 4, 16/F., Ho King Commercial Centre, 2-16 Fa Yuen Street, Mongkok, Kowloon, Hong Kong. You agree that by accessing the Site , you have read, understood, and agreed to be bound by all of these General Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE General Terms and Conditions, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. SmallRig reserves the right, in our sole discretion, to make changes or modifications to these General Terms and Conditions from time to time. SmallRig may not alert you about any changes by updating the “Last updated” date of these General Terms and Conditions, and the latest version on the Site will apply. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised General Terms and Conditions by your continued use of the Site after the date such revised General Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is controlled or licensed by or to SmallRig, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights, unfair competition laws, and other applicable laws.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications SmallRig provides to you electronically, via email, satisfy any legal requirements that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
2.Violations of General Terms and Conditions
SmallRig reserves the right, but not the obligation, to: (1) monitor the Site for violations of these General Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these General Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
These General Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE GENERAL TERMS AND CONDITIONS, SMALLRIG RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE GENERAL TERMS AND CONDITIONS OR OF ANY APPLICABLE LAWS OR REGULATIONS. SMALLRIG MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If SmallRig terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, SmallRig reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Data may be freely provided by the User, or, in case of Usage Data, collected automatically when visiting the Site.
Unless specified otherwise, all Data requested by SmallRig is mandatory and failure to provide this Data may make it impossible for the to provide SmallRig services. In cases where SmallRig specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
SmallRig could be considered a joint-controller when SmallRig processes some data of the Client (The company and the executives) such as user data (the executive). SmallRig and the Client will be joint-controllers when both jointly determine the purposes and means of processing for the performance of the SmallRig contract services, such as optimization of digital media services to the executive. In any case, SmallRig will only process executives’ data for the specific purposes of the processing.
All personal information that you provide to SmallRig must be true, complete and accurate, and you must notify of any changes to such personal information.
Personal Data may be freely provided by the user, or, in case of usage data, collected automatically when using this application.
SmallRig automatically collects certain information when you visit, use or navigate the Site. This information does not reveal your specific identity but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytic and reporting purposes.
SmallRig also collects information through cookies and similar technologies. Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.
In order to enhance SmallRig’s ability to provide relevant marketing, offers and services to you and update our records or to do a contact commercial action to you, SmallRig may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, email addresses, phone numbers, user behavior data, Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion. In any case, you can object to such processing at any time without providing any justification.
If you have any questions or comments about your Privacy rights, you may contact SmallRig Data protection Officer (DPO) at email@example.com.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to SmallRig are non-confidential and shall become SmallRig’s property. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
5.Intellectual Property Rights
Unless otherwise indicated, the Site is SmallRig property and all codes, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these General Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. SmallRig reserves all rights not expressly granted to you in and to the Site, the Content and the Marks.
You may not access or use the Site for any purpose other than that for which SmallRig makes the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site networks or services connected to the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Use a buying agent or purchasing agent to make purchases on the Site.
These General Terms and Conditions and any policies or operating rules posted by us on the Site, or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not operate as a waiver of such right or provision. These General Terms and Conditions operate to the fullest extent permissible by law. SmallRig may assign any or all of our rights and obligations to others at any time. SmallRig shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these General Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these General Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
SmallRig is an independent contractor and neither you nor SmallRig will be considered for any purpose to be the agent, partner, franchisee, franchisor or joint venture of the other. Neither the user nor SmallRig have any obligation or responsibility to act on behalf or on behalf of the other, or the power or authority to unite the other in any way.
You agree that these General Terms and Conditions will not be construed against SmallRig by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these General Terms and Conditions and the lack of signing by the parties hereto to execute these General Terms and Conditions.
8.Modifications, corrections and interruptions
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. SmallRig reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
SmallRig reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, SmallRig has no obligation to update any information on our Site. SmallRig also reserves the right to modify or discontinue all or part of the Site without notice at any time. SmallRig will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
SmallRig cannot guarantee the Site will be available at all times. SmallRig may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. SmallRig reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that SmallRig has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these General Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SMALLRIG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMALLRIG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND SMALLRIG WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. SMALLRIG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SMALLRIG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You agree to defend, indemnify, and hold SmallRig harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these General Terms and Conditions; (3) any breach of your representations and warranties set forth in these General Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or with whom you connected via the Site or app. Notwithstanding the foregoing, SmallRig reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. SmallRig will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
11.Limitations of liability
IN NO EVENT WILL SMALLRIG OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF SMALLRIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These General Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of Hong Kong SAR applicable to agreements made and to be entirely performed within Hong Kong SAR, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these General Terms and Conditions (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the the Hong Kong International Arbitration Centre (“HKIAC”) and, where appropriate, the HKIAC Administered Arbitration Rules (“HKIAC Rules”), both of which are available at the HKIAC website: https://www.hkiac.org/. Your arbitration fees and your share of arbitrator compensation shall be governed by the HKIAC Rules and, where appropriate, limited by the HKIAC Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable HKIAC Rules or applicable law, the arbitration will take place in Hong Kong SAR. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and courts located in Hong Kong SAR, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such courts.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.