Terms and Conditions

Please read these Terms of Use carefully as they set out the basis on which you are allowed to use the ClockenflapXR Web Site and Software.

OVERVIEW

The ClockenflapXR Web Site is comprised of various Web pages, including clockenflapmusic.com, clockenflapxr.com and tickets.clockenflapxr.com operated by Magnetic Asia Ltd (“Magnetic Asia”) (the “ClockenflapXR Web Sites”).

Software that is made available to download from the ClockenflapXR Web Sites, including ClockenflapXR, (“Software”) is the copyrighted work of Magnetic Asia and/or its suppliers.

We will refer to the ClockenflapXR Web Site and Software as the “ClockenflapXR Services”.

The ClockenflapXR Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (collectively, these “Terms”). Your download, install or use of any of the ClockenflapXR Services constitutes your agreement to all such terms, conditions, and notices. By registering with us or using or browsing the ClockenflapXR Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these Terms, please stop using the ClockenflapXR Services. Your use of the ClockenflapXR Services is also subject to the Magnetic Asia Privacy Statement located at clockenflapxr.com/privacy-policy, which is incorporated by reference into these Terms. The ClockenflapXR Services may also contain additional terms that govern particular features or offers (for example chat areas) (“Additional Terms”).

ELIGIBILITY

The ClockenflapXR Services are not directed to children younger than 13 years and are offered only to users 13 years of age or older. If you are under 13 years old, please do not use the ClockenflapXR Services. Any person who provides their personal information through the ClockenflapXR Services represents to us that they are 13 years of age or older. You hereby represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms. If you are using the ClockenflapXR Services as a representative of a company or legal entity, (i) you represent that you have the authority to enter into these Terms on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in these Terms refers to your company or legal entity.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the ClockenflapXR Services are for your personal and non-commercial use. Except as expressly provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ClockenflapXR Services.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ClockenflapXR Services you warrant to Magnetic Asia that you will not use the ClockenflapXR Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the ClockenflapXR Services in any manner which could damage, disable, overburden, or impair the ClockenflapXR Services or interfere with any other party’s use and enjoyment of the ClockenflapXR Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ClockenflapXR Services.

USE OF COMMUNICATION SERVICES

The ClockenflapXR Services may contain chat areas, group and private messages, forums and/or other message or communication facilities designed to enable you to communicate with other users of the ClockenflapXR Services, or with the public at large (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Impersonate any other individual or entity.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Magnetic Asia has no obligation to monitor the Communication Services. However, Magnetic Asia reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Magnetic Asia reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Magnetic Asia reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Magnetic Asia’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Magnetic Asia does not control or endorse the content, messages or information found in any Communication Service and, therefore, Magnetic Asia specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Additionally, by using the ClockenflapXR Services you agree to comply with the ClockneflapXR Code of Conduct.

CODE OF CONDUCT

This Code of Conduct applies to all parts of ClockenflapXR and ClockenflapXR Services, including accounts, forums, voice chat, group messages and private messages and any other communication facilities.

You agree to use ClockenflapXR and ClockenflapXR Services only to post, send and receive messages and material that are proper and related to the particular ClockenflapXR Service.

Magnetic Asia reserves the right to moderate the content and the users on ClockenflapXR and the ClockenflapXR Services for any reason at our own discretion. Magnetic Asia reserves the right to remove content you’ve posted, restrict your account and/or terminate your access to any or all of the ClockenflapXR Services at any time without notice for any reason whatsoever.

To help you stay clear of moderation or account restriction, we’ve illustrated our behavioural expectations below.

First and foremost, ClockenflapXR is about having fun.

Best respectful to others
Look after your friends
Use your best judgment – if you’re not sure what you’re about to share is appropriate, please don’t share it
Take regular breaks

We will remove the following content and the users who contribute it from ClockenflapXR websites, live software environments and/or virtual events:

Disrespect of any kind; including hate speech based on but not limited to race, creed, gender identity, sexual orientation, disability, or nationality.
Personal attacks, harassment, impersonation, or bullying other users or content providers.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
Violations of privacy or sharing personal information.
Discussions of sensitive topics like politics and religion – outside the context of event specific content elements.
Depictions, references, or descriptions of violence or explicit/implicit sexual content.
Breaking the law, plotting crimes, or describing illegal activities.
Threats to harm other user, content providers or Magnetic Asia employees, even if it was in jest.
Compromising the user experience by circulating hacks or cheats.
Distributing unauthorized copyrighted or trademarked material.
Soliciting, plagiarism, or attempts at phishing.
Actions and/or contributions made with the sole intent of antagonizing users or disrupting the conversation.
Evasion of bans, suspensions, or our language filter.
Sharing or uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertising or offering to sell or buy any goods or services for any business purpose.
Conducting or forwarding surveys, contests, pyramid schemes or chain letters.
Impersonate any other individual or entity.
Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Always use caution when giving out any personally identifying information about yourself or your children in any ClockenflapXR Service. Magnetic Asia does not control or endorse the content, messages or information shared by other users, therefore, Magnetic Asia specifically disclaims any liability with regard to the communication facilities and any actions resulting from your participation.

MATERIALS PROVIDED TO MAGNETIC ASIA OR POSTED ON CLOCKENFLAPXR SERVICES

Magnetic Asia does not claim ownership of the images, video, text, or other materials you provide to Magnetic Asia (including feedback and suggestions) or post, upload, input or submit to any ClockenflapXR Service or associated services (collectively “Submissions”), to the extent what you post does not include materials provided to you or otherwise owned by Magnetic Asia or its licensees. However, by posting, uploading, inputting, providing or submitting your Submission you hereby grant Magnetic Asia, its affiliated companies and sublicensees, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to reproduce, distribute, prepare derivative works of, display, perform and otherwise use your Submissions in connection with the ClockenflapXR Services and Magnetic Asia’s (and its successors’ and affiliates’) business, including, without limitation, distributing your Submissions in all current and future media in which the ClockenflapXR Services may now or hereafter be distributed or transmitted and to publish your name in connection with your Submission. This license grant will survive any expiration or termination of these Terms.

No compensation will be paid with respect to the use of your Submission. Magnetic Asia is under no obligation to post or use any Submission you may provide and may remove any Submission at any time.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission (excluding materials provided to you by Magnetic Asia for the purpose of making your Submission).

SERVICE PROVIDED CONTENT

“Service Provided Content” consists of those materials provided to you (e.g. livestreams, unlockable content, accounts, virtual assets, codes, and achievements) in connection with use of the ClockenflapXR Services. While the ClockenflapXR Services may allow you to “earn”, “buy”, or “purchase” Service Provided Content within or in connection with gameplay, you do not in fact own or have any property interest in the Service Provided Content. Unless otherwise specified in writing, any Service Provided Content that you receive is licensed to you as set forth herein, and you shall have no ownership right thereto. Unless specifically permitted by Magnetic Asia, you may not, sell, lend, rent, trade, or otherwise transfer any Service Provided Content. Service Provided Content may not be transferred or resold by you for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Service Provided Content may be altered, removed, deleted, or discontinued by Magnetic Asia at any time (e.g., upon termination of this Agreement and/or cessation of online support for the ClockenflapXR Services), even if you have not “used” or “consumed” the Service Provided Content prior to alteration, removal, deletion, or discontinuation.

There may be Service Provided Content (should you choose to purchase it) which will require you to make a payment with real money, the amount of which will be set out in the ClockenflapXR Services. All Service Provided Content will be made available immediately when you purchase it with real money, and you acknowledge that this is the case and that you will have no right to change your mind and cancel once your purchase is complete.

All Service Provided Content are unconditionally forfeited if your ClockenflapXR is terminated or suspended for any reason, in Magnetic Asia’s sole discretion, or if Magnetic Asia discontinues any Service Provided Content program. Magnetic Asia has no liability for hacking or loss of your Service Provided Content. Magnetic Asia has no obligation to, and will not, reimburse you for any Service Provided Content lost due to your violation of these terms and conditions. Magnetic Asia reserves the right, without prior notification, to limit the order quantity on any Service Provided Content and/or to refuse to provide you with any Service Provided Content. Price and availability of Service Provided Content are subject to change without notice.

VIRTUAL EVENT TICKETS

You may have the opportunity to purchase a ‘ticket’ that gives you access to a specific virtual event hosted in the ClockenflapXR Services.

Your purchase of a ticket via the ClockenflapXR Websites to an event hosted in the ClockenflapXR Services will give you a personal revocable licence to access the event or content stream, subject to the terms and conditions specified in these Purchase Terms. By purchasing a ticket on the ClockenflapXR Websites, you acknowledge that Magnetic Asia reserves the right, on reasonable and lawful grounds, to refuse or deny entry to and/or block online access to any ticket holder without requirement to offer a refund or other compensation.

VIRTUAL ITEMS

You may have the opportunity to license a variety of virtual or in-game items (“Virtual Items”) that can be used through the ClockenflapXR Services. You may be required to pay a fee to obtain Virtual Items. You have no property interest in any Virtual Items. Any purchases of Virtual Items (whether through actual monetary transactions or accumulation through gameplay) are purchases of a limited, non-transferable, revocable license to use such Virtual Items within the applicable ClockenflapXR Services. Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items have no monetary value and cannot be refunded or exchanged for cash or any other tangible value.

All Virtual Items are unconditionally forfeited if your ClockenflapXR is terminated or suspended for any reason, in Magnetic Asia’s sole discretion, or if Magnetic Asia discontinues any Virtual Items. Magnetic Asia has no liability for hacking or loss of your Virtual Items. Magnetic Asia has no obligation to, and will not, reimburse you for any Virtual Items lost due to your violation of these terms and conditions. Magnetic Asia reserves the right, without prior notification, to limit the order quantity on any Virtual Items and/or to refuse to provide you with any Virtual Items. Price and availability of Virtual Items are subject to change without notice.

ACCOUNT INFORMATION AND PASSWORD

In order to access some features of the ClockenflapXR Services, you will have to create an account. You agree that the information you provide to Magnetic Asia upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You agree that Magnetic Asia may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any Submission violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, property or personal safety of Magnetic Asia, its users and the public. When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Magnetic Asia at support@clockenflapmusic.com. You may be liable for the losses incurred by Magnetic Asia or others due to any unauthorized use of your account.

You may use Facebook Connect to connect the ClockenflapXR Services with Facebook using your Facebook username and password to access some features of the ClockenflapXR Services. Your use of Facebook is governed by the Facebook Terms of Use and Facebook shall be considered a Third Party Service hereunder.

SOFTWARE AVAILABLE ON THE CLOCKENFLAPXR WEB SITES

Software that is made available to download from the ClockenflapXR Web Sites is the copyrighted work of Magnetic Asia and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). The Software License Agreement for ClockenflapXR, as updated from time to time, is located at clockenflapxr.com/eua. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

All Software is owned by Magnetic Asia and/or its suppliers and is protected by copyright laws. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Hong Kong.

INDEMNITY

You agree to indemnify and hold harmless Magnetic Asia, and its parent, subsidiaries, affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of any of the ClockenflapXR Services; (ii) your Submissions, including Magnetic Asia’s use, display or other exercise of rights granted herein with respect to your Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any Submission infringes or violates any third party intellectual property rights; and (v) your breach of the representations, warranties, and covenants herein. Magnetic Asia reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Magnetic Asia and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Magnetic Asia. Magnetic Asia will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

LIABILITY DISCLAIMER

The information, software, products, and services (including third party services) included in or available through the ClockenflapXR Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Magnetic Asia and/or its respective suppliers may make improvements and/or changes in the ClockenflapXR Services at any time. Advice or information received via the ClockenflapXR Services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Magnetic Asia and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the ClockenflapXR Services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. Magnetic Asia and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall Magnetic Asia and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the ClockenflapXR Services with the delay or inability to use the ClockenflapXR Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ClockenflapXR Services, or otherwise arising out of the use of the ClockenflapXR Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Magnetic Asia or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the ClockenflapXR Services, Software, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the ClockenflapXR Services and Software.

We can’t guarantee that the ClockenflapXR Services will be:

compatible with any or all of your computer devices or any software which you may use on your device;
available all the time or at any specific time; or
completely accurate and up to date.

TERMINATION/ACCESS RESTRICTION

Magnetic Asia reserves the right, in its sole discretion, to terminate your access to any or all ClockenflapXR Services and the related services or any portion thereof at any time, without notice.

USER DISAGREEMENTS

You are solely responsible for your involvement with other users of the ClockenflapXR Services. If you have a dispute with one or more users, you release Magnetic Asia (and Magnetic Asia’s parent, subsidiaries, Affiliates, officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

FEEDBACK

You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to the ClockenflapXR Services or our other products and services, including, without limitation, through any Magnetic Asia Service, or in connection with surveys or on third party sites, including, without limitation, Facebook, Instagram and Twitter (“Feedback”). If you choose to provide us any such Feedback, you hereby grant Magnetic Asia a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you.

GENERAL

These Terms are governed by the laws of Hong Kong. You hereby consent to the exclusive jurisdiction and venue of courts in Hong Kong in all disputes arising out of or relating to the use of the ClockenflapXR Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Magnetic Asia as a result of these Terms or use of the ClockenflapXR Services. Magnetic Asia’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Magnetic Asia’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ClockenflapXR Services or information provided to or gathered by Magnetic Asia with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Magnetic Asia with respect to the ClockenflapXR Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Magnetic Asia with respect to the ClockenflapXR Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

Magnetic Asia, Clockenflap, ClockenflapXR and/or other related products referenced herein are either trademarks or registered trademarks of Magnetic Asia Ltd or its suppliers. The names of actual companies, artists, products and services mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

INTERPRETATION

The terms, conditions and notices governing the ClockenflapXR Services and Software are drafted in the English language and, in the event of any conflict between the English language version of these terms, conditions and notices and any translation hereof, the English language version will govern.

Terms and Conditions

NEWSLETTER

SITE

LINKS

FOLLOW US