TERMS OF USE & SERVICES

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OVERVIEW

PLEASE READ THESE TERMS OF USE & SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

Thank you for visiting this page. Terms of Use & Service include the terms of use of this Website (hereafter referred to as “Platform”), Social media accounts, and the Terms of purchase of our Services. Please read these terms carefully and thoroughly.

You are bound by and agree to the Terms of Use & Services when you visit or use our Platform or other online Services we provide.

HYPERION CAPITAL HOLDINGS LIMITED operates this Platform. Throughout the site, the terms “we”, “us”, and “our” refer to HYPERION CAPITAL HOLDINGS LIMITED, also referred to as “HYPERION” or the “Company”, or “OUTLINK”, the brand name used for the specific Services described in this website. HYPERION offers this Platform and our Services, including all information, tools, and Services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Please read these Terms of Use & Service carefully before accessing or using the Platform or buying any of our Services.

By visiting or using our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use & Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use & Service apply to all users of the site, including, without limitation, users who are visitors, browsers, vendors, and/or customers.

Any new features or tools added to the current site shall also be subject to the Terms of Use & Service. You can review the most current version of the Terms of Use & Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use & Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform and Service after posting any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE TERMS

By agreeing to these Terms of Use & Service, you represent that you are at least 18.

You may not use our Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction when using the Services.

If you register and use the Services for an entity (such as a company), you warrant that you are duly authorised to do so on behalf of such entity.

The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - GENERAL CONDITIONS

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided without express written permission from us.

You must not infringe upon or violate our intellectual property rights, upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, collect or track the personal information of others, spam, phish, pharm, pretext, spider, crawl, or scrape, interfere with or circumvent the security features of the Service. You must not transmit any worms or viruses or any code of a destructive nature when using our Platform or Services.

We may also restrict you from buying or using our Services if we suspect that you are using bots to access our system or if we suspect that you are attempting to buy from a restricted country.

A breach or violation of any of the Terms may result in the immediate termination of our Services to you.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site, on our social media accounts, is not accurate, complete, or current.

SECTION 4 - MODIFICATIONS TO THE INFORMATION, SERVICE, AND PRICES

Information, Services, and prices are subject to change without notice. We reserve the right at any time to modify or discontinue the Service in all or in part without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service, as well as services provided or Content by third parties through our Platform.

SECTION 5 - SERVICES

Scope of services provided:

OUTLINK provides this Platform (the “Service”) to bring together Advertisers (Individuals or entities that wish to advertise their brands, products, or services) and Publishers (Online newspapers, magazines, publications, websites, blogs, influencers' feeds on social media). In particular, our Service allows Advertisers to search suitable Publishers, get the details of their offers, purchase their Advertising services, deliver Advertiser Content with ease, and monitor advertising performance. Our Service also allows Publishers to display their Offers to potential Advertisers, secure payments, and collect Content.

User information:

The use of the Platform requires registration, with users providing Information that allows us to identify you, contact you, and provide you with the Services.

Users are solely responsible for keeping their login credentials safe and secure. We provide 2FA and backup password recovery for your convenience.

Users are requested to provide complete, accurate, and truthful Information, so we can identify and verify our customers, as requested by law. We may, at times and at our discretion, or for compliance or regulatory reasons, request more Information, and/or proof of Information provided, such as an ID card copy, Business Registration number, or certificate copy, proof of address, or more. We may restrict, suspend, or terminate our Service if we consider that your Information is incomplete, suspicious, or untruthful.

Any private information provided is protected under the Privacy Policy.

Payment credential information:

User confidential Payment information, such as credit card or bank account details, is solely provided to STRIPE, the payment provider that we use, and is not accessible to us.

Content:

We do not check and are not responsible for Advertisers’ Content.

Publishers are solely responsible for checking and vetting Advertisers' Content before accepting to publish it. Publishers may, at their sole discretion, and according to their terms, accept or reject Content, request edits, and/or request more information. Publishers may also accept or reject specific Content and/or specific Advertisers if they feel that such Content or Advertisers do not meet or have broken their publishing policy.

Advertisers warrant that their Content is truthful, accurate, legitimate, and does not misrepresent their products or services. Advertisers and Publishers shall not use the Platform to publish Content that infringes on third parties' rights, or Content that is deceitful, hurtful, harmful, hateful, violent, discriminatory, or racist. Advertisers and Publishers shall not use the Platform to promote products or services or Content that are illegal. Furthermore, Advertisers shall not engage in deceiving marketing tactics.

Publishers are responsible for the conditions that they offer, including the terms and details of their offers of service. We do not check, validate, or endorse such offers. We are not responsible for the Publishers' offers of Advertising services. Publishers may change the nature, scope, availability, lead time, access conditions, restrictions, and/or prices of their offers at their discretion and without notice.

Advertisers and Publishers provide us with a perpetual license to use the Content that they upload onto the Platform for analysis, research, improvement of our services, as well as AI training.

Binding transactions:

When an Advertiser accepts and confirms the Offer of Advertising service of a Publisher on our Platform, and the Publisher accepts it, both Advertiser and Publisher engage in a binding contract, which procures the delivery of specific Advertising services to the Advertiser by the Publisher, as per the detailed conditions listed by the Publisher on the Platform, and per these Terms of Use & Service. As a Platform, part of the payment made to the Publisher by the Advertiser is paid to us, as our fee for providing our Service.

Service performance:

We do not warrant that the quality of any Advertising services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected. Characteristics of our Services may change or be changed according to circumstances and at our discretion.

We are not responsible for Publishers' or Advertisers' performance, or lack of performance.

In case any party fails to fulfill its obligations, in part or in full, the parties shall comply with the dispute resolution procedures explained in the Refund Policy.

Account restrictions:

We reserve the right, at our entire discretion, to restrict, suspend, or ban any Advertiser or Publisher that breaks our Terms of Use & Service, or whose performance is poor, or the subject of multiple, repeated, or significant disputes, or if requested by legal authorities, without recourse or compensation.

Chat:

We provide a Chat service to facilitate direct communication between the Advertiser and the Publisher. Please remain courteous, respectful, and truthful at all times. Note that the Chat content can be moderated by AI, and that we may access it as well when necessary.

SECTION 6 - THIRD-PARTY LINKS

Certain Services available via our Platform may include third-party materials. Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites, or any other materials, or third-party services. We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction.

Before finalizing a credit card payment, please read and agree to Stripe's specific payment terms.

SECTION 7 - PERSONAL INFORMATION

Our Privacy Policy governs your submission of Personal Information. Please visit the Privacy section of our Platform. By agreeing to these Terms, you also agree to our Privacy Policy.

SECTION 8 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to Service descriptions, pricing, promotions, offers, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel any information in the Service or on any related website that is inaccurate at any time without prior notice. We undertake no obligation to update, amend, or clarify information in the Service or any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.

SECTION 9 - RESTRICTIONS

You may not purchase or use any of our Services if you are a citizen or resident, or entity of the following countries/territories under international sanctions:

Afghanistan, Belarus, Cuba, Iran, Democratic People’s Republic of Korea (North Korea), Republic of Sudan (Sudan), Republic of South Sudan (South Sudan), Syria, Venezuela, the Russian Federation (Russia), Crimea Region of Ukraine.

You may not purchase or use any of our Services if you are a person or entity under international sanctions, such as under the US Treasury list or the EU person sanctions list.

SECTION 10 - DISCLAIMER:

Waiver of liability:

You expressly agree that your use of, or inability to use, the Platform is at your sole risk. The Services delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, shareholders, suppliers, Service providers, or licensees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services procured using the Service or from us, or Publishers advertising services, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some countries, states, or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Service continuity:

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our parent company, subsidiaries, affiliates, partners, officers, directors, shareholders, agents, contractors, licensees, Service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use & Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 12 – SEVERABILITY

If any provision of these Terms of Use & Service is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Use & Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use & Service shall not constitute a waiver of such right or provision.

These Terms of Use & Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use & Service).

Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

SECTION 14 - GOVERNING LAW & DISPUTES

These Terms of Use & Service and any separate agreements whereby we provide you Services, as well as the Advertiser/Publisher contract, shall be governed by and construed per the laws of Hong Kong SAR.

Waiver:

The parties (you and we) waive their rights to go to court and have a trial before a judge or a jury. In addition, all claims must be arbitrated or litigated individually and not on a class basis, and claims of more than one customer cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Claims settlement:

In case of any dispute, all parties should try to resolve their differences in connection with the Terms of Use & Service or the Service we provided through informal discussion and negotiation or arbitration, as described below.

You hereby waive your constitutional, statutory, and otherwise rights to go to court and have a trial before a judge or jury. In addition, all claims must be arbitrated or litigated individually and not on a class basis, and claims of more than one customer cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

All claims and disputes that cannot be settled informally or through the Hong Kong Small Claims Tribunal shall be resolved by binding arbitration, as described below. This arbitration agreement applies to you and us, our directors, officers, employees, affiliates, agents, contractors, interns, shareholders, suppliers, Service providers, licensees, successors, or assigns. Before seeking arbitration, the party must send a Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice of Dispute to HYPERION CAPITAL HOLDINGS LIMITED should be sent by registered mail to us at 76/F, The Centre, 99 Queen's Road Central, Central District, Hong Kong. If the claim is unresolved within 30 days, either party may begin an arbitration proceeding. Any dispute, controversy, difference, or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) (https://www.hkiac.org/) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the Hong Kong law. The seat of arbitration shall be in Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English. The decisions of the HKIAC shall be binding on each party and final, and all aspects of the arbitration proceeding, including but not limited to the award of the arbitrator, shall be strictly confidential.

Small claims tribunal:

Notwithstanding the foregoing, either you or we may bring an individual action in the small claims tribunal of Hong Kong.

Maximum claim amount:

In any case, any claim against us shall not exceed the amount that you paid us for our Service, excluding the amounts paid to the Publishers for their Advertising services.

SECTION 15 - CHANGES TO TERMS OF USE & SERVICE

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use Service by posting updates and changes. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms of Use & Service constitutes acceptance of those changes.

SECTION 16 - CONTACT INFORMATION

Questions about the Terms of Use & Service should be sent to us at:

[email protected]

Last update 28th of May, 2025