Last updated: April 2021
I. Your Relationship with Us and Acceptance of the
Welcome to TubeApp (the “Platform”), which is provided by DYWX HK CO., LIMITED (the “Company”, “we” or “us”).
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Your access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. For purposes of these Terms, “you” and “your” mean you as the user of the Services.
Unless you accept the Terms, you have no right or authorization to use any
part of the Services which requires you to be a Registered User. By
accessing our Services or using our Services, you confirm that you can form
a binding contract with us, that you accept these Terms and that you agree
to comply with them. You understand and agree that we will treat your access
or use of the Services as acceptance of the Terms from that point onwards.
Your access to and use of our Services are also subject to our Privacy
Policy, which is incorporated herein by reference. By accessing the
Services, you agree and represent to us:
i) that you are at least 12 years of age, or the statutory age of majority in your state of nationality and residence, whichever is higher;
ii) that you are not restricted from using the Services, by law, by contract, or by us;
iii) that you fully agree with the terms and conditions set forth in the Terms;
iv) where necessary, your legal guardian has reviewed and consented to these Terms and agreed to be responsible for any of your liability arising hereof.
Your fundamental rights as a Registered User to the Services are mainly set forth in the Terms, so please read all of the terms and conditions carefully. The Terms include a clause of dispute resolution by arbitration on an individual basis. The venue of such arbitration may not be in the country where you reside.
Please note that our services are not made available in, or to residents of, the European Union or Switzerland.
II. Changes to the Terms
Due to fast-developing technologies and law and policies, as well as volatile market conditions, the Company reserves the right, in its sole discretion, to modify or revise the Terms from time to time at any time, and to the extent permitted by applicable law, you agree to be bound by such modifications or revisions. Any such modified or revised version will be effective at the time we first post it onto our Platform (or at any other time designated in the terms of such version, if any). We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform. However, you should look at the Terms regularly to check for such changes. We will also put the “Last Updated” date at the top of the Terms, which reflects the effective date of such Terms. Your continued use of the Services thereafter will constitute your acceptance of, and consent to, such modifications or revisions. If you object to any such modification or revision, your sole recourse shall be ceasing to use all of the Services.
III. USER RIGHTS AND LICENSES
1. Rights to Access the Services
A. The Services provide an Internet platform offering comprehensive software and network services, online and/or mobile, audio and/or video, via the App, Software, and/or Site and other related Internet services. The Services may allow you to watch, download video, post feedback, and utilize other features of the Services including without limitation some other third-party services.
B. Subject to your compliance with the Terms as well as any applicable laws and regulations, the Company grants you a conditional, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, solely for your personal and non-commercial use. You agree not to (and not to attempt to):
i) access or use the Services if you are not fully able and legally competent to agree to these Terms or are not authorized to use the Services by your parent or legal guardian;
ii) access or use the Services for any purpose other than as expressly permitted by the Terms;
iii) make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
iv) distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof
v) market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
vi) use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
vii) interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
viii) incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse to provide any Services, terminate accounts or limit access to the Services in our sole discretion;
ix) use automated scripts to collect information from or otherwise interact with the Services;
x) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
xi) intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
xii) use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Services;
xiii) use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
xiv) use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
xv) provide any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose the Company, the Services or its users to any harm or liability of any type of attack, hack, interfere with other user’s use of, reverse-engineer, disassemble, attempt to derive the source code of, the Service or any part thereof;
xvi) conduct any action that may infringe or jeopardize the lawful rights or interests of any person, entity and/or the Company;
The Company reserves the right, at any time and without prior notice, to remove or disable access to content at its discretion for any reason or no reason.
2. License of the App
A. The App consists of computer programs and integrated or peripheral contents which may contain copyrighted material. The App made available to you is licensed, not sold, to you. Your license to each of the App is subject to your prior acceptance of the Terms. The Company reserves all rights in and to the App that are not expressly granted to you under the Terms.
B. Subject to your compliance with the Terms and any applicable laws and regulations, the Company grants you a conditional, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to store, install, use and uninstall the App on any computing devices (including but not limited to desktop and portable computers, tablets or pads, smartphones, Internet TVs and wearable devices) that you own or control, solely for your personal, non-commercial use. Unless otherwise provided to the contrary, the Terms govern any and all content, material, and services accessible from or purchased within the App as well as upgrades and patches provided by the Company.
C. Except as expressly provided in the Terms, you shall not rent, sell, transfer, redistribute or sublicense the App. If you sell your computing device to a third party, you must remove the App from such device, or at least logout and erase all records in relation to your use (and your user account with us, if any) of the App.
D. You shall not make use of errors, bugs or defects of the App, and shall not develop, distribute, disseminate or use any program, software or scripts which may cast detriment to us or the App.
3. Use of Data
You agree that the Company may collect and use technical data and related information including but not limited to technical information about your device, system, network access, and other software and peripherals installed on your devices. These may be gathered periodically to facilitate the provision of the Services, inclusive of customer service, technical support, and other services to you (if any) related to the Services. The Company may use this information to improve its products or to provide services or technologies to you or third parties, as long as it is in a form that is not capable of personally identifying you.
4. Except for the permissions and rights expressly granted in the Terms, no other licenses or rights are granted to you by implication or otherwise under the Terms.
5. Your Account
A. You need to log in with a third-party account before you use our Services (the “Account”).
B. When you access some part of the Services, you may be prompted to provide us certain information, or log-in with an existing Account. You represent and warrant that the information you provide to us at any and all times will be true, accurate, current, and complete. If any such information changes, you agree to forthwith update such information to us. You become a registered user (“Registered User”) of our Services once you log in with your third-party account or phone number and cease to be a Registered User when you no longer maintain an Account with us.
C. You may choose a combination of certain characters (letters, digits and other characters) unused by other users as your nickname. We reserve the right to restrict the use of certain such combinations for legal compliance purposes or prevention of personal attack, humiliation, intellectual property rights infringement or other improper use of the Account.
D. You are primarily responsible for maintaining the confidentiality of your login credentials (including without limitation your account number (ID), username, password) and are fully responsible for all activities that occur through the use of your credentials or otherwise on or through your Account. You agree to notify us immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect any unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your login credentials.
E. We retain ownership of the Account. You enjoy only the right to use your Account during the period that you maintain it with us. Your Account shall be exclusively used by you. Any form of lending, borrowing, renting, transferring, gifting or selling of such Account is prohibited and shall be null and void. You are liable for any and all activities done using your Account, even if such activities are not actually conducted by you. If we detect any inconsistency between the actual user of an Account and the person who owns it, or it is in dispute on who shall be the legitimate user of an Account, we have the right to recover, withdraw, suspend (freeze) or terminate such Account in our discretion, without any notice or any liability to any person. The loss and damage arising thereof, including but not limited to the loss of communication, data and virtual properties, shall be assumed solely by the user.
F. For safety, compliance, operational or other concerns, and on a reasonable ground (for example, the Account is inactive for a long period and is wasting service resources), we reserve the right to suspend (freeze), terminate or reclaim your Account in our sole discretion, temporarily or permanently, with or without notice, giving reasons or not, and without any liability to you.
IV. LAWFUL AND PROPER USAGE OF THE SERVICES
As a precondition and requirement for your access to and use of the Services, you are obliged to always observe certain rules during your access to and use of the Services.
Since we provide merely a tool, a platform, or a place for our users to enjoy different contents, and/or communicate with each other, it is the users (including you) themselves who make up this community. Each user shall be responsible for his/her own actions, behavior, and conducts when receiving and participating in the Services. We do not actively monitor and are not responsible for any activity or content that is made or provided by the users; however, we expect the users to conduct their actions and behavior in a friendly and legitimate way.
1. You are encouraged to:
i) use the Services with your friends; tell them about the Site and App if they do not know them yet;
ii) communicate friendly with other users of the Services;
iii) make connections with other users and have greater fun;
iv) make more positive comments and feedback.
2. Consequences of Misuse of the Services
A. If you violate applicable laws, regulations, the Terms and/or our other
agreements or terms and conditions you accepted, we have the right to make
judgments in our discretion but in accordance with relevant rules, and take
one or more countermeasures or penalties as we consider commensurate to your
violation, including but not limited to:
i) removal of non-compliant content;
ii) restricting or terminating the provision of certain portions, features or functions of the Services to you;
iii) suspension or termination of your Account, and/or limitation or denial of further service to you; and
iv) post public notices to expose and condemn your violation.
B. Multiple or repeated violations and misconducts, and cases of extreme severity, may result in more serious consequences, as we reasonably consider.
C. You agree to indemnify and hold the Company, its parents, subsidiaries,
and affiliates, and each of their respective officers, directors, employees,
agents, and advisors harmless from and against any loss, liability, claim,
demand, damages, costs, and expenses, including reasonable attorney’s fees,
arising out of or in connection with:
i) your use of and access to the Services;
ii) your violation of any term of the Terms;
iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right or any third-party agreement; or
iv) any of your content or information in your Account or any other information you post or share on or through the Services.
V. INTELLECTUAL PROPERTY RIGHTS
A. Platform Materials. All rights, title, and interest in and to all materials that are part of the Services (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) with the exception of User-Generated Content (collectively, the “Platform Materials”), are, as between the Company and you, owned by the Company and/or its third-party licensors. Use of Platform Materials for any purpose not expressly permitted by these Terms is strictly prohibited. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading and/or using the Platform Materials. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Platform Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any Platform Materials posted on the Services by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication, or otherwise.
You acknowledge and agree that when you view content provided on the Services, you are doing so at your own risk. The content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any content (including User-Generated Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted on the platform (including User-Generated Content).
B. User-Generated Content (User Content). Users may be permitted to upload, post or transmit or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise. Users may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. The information and materials in the User Content have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
You represent and warrant that: (a) your User-Generated Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in the Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses; or (b) you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services. All of your User-Generated Content is of your sole responsibility and the Company is not responsible for any material that you (and other users) upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using your User-Generated Content with the Services, you grant to us an unconditional irrevocable, perpetual, nonexclusive, fully transferable, royalty-free, sub-licensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User-Generated Content in any format and on any platform, either now known or hereinafter invented, in connection with operating, providing and promoting the Services. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User-Generated Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
The Company does not guarantee the accuracy, quality, or integrity of any User-Generated Content appeared on the Services. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any User-Generated Content, including, but not limited to, errors in any User-Generated Content, or any loss or damage incurred by the use of such User-Generated Content. The Company reserves the right to remove and permanently delete your User-Generated Content from the Services with or without notice for any reason or no reason. You may notify the Company of any User-Generated Content that you believe violates the Terms, or other inappropriate user behavior, by reporting to our customer service.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User-Generated Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User-Generated Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User-Generated Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User-Generated Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User-Generated Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User-Generated Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User-Generated Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User-Generated Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User-Generated Content you post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right – but not the obligation – to remove, disallow, block or delete any post you make on our Services in our sole discretion (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User-Generated Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User-Generated Content, and under no circumstances will we be liable in any way for any User-Generated Content.
We take reasonable measures to expeditiously remove from our Services any infringing material that we become aware of.
A. Notification. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify us of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our copyright complaint email address at email@example.com. To be effective, the notification must be in writing, and contain the following information:
i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
ii) a description of the copyrighted work that you claim has been infringed;
iii) a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it efficiently;
iv) your address, telephone number, and email address;
v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
vi) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
B. Counter-Notification: If you believe that your User-Generated Content that
was removed (or to which access was disabled) is not infringing, or that you
have the authorization from the copyright owner, the copyright owner’s
agent, or pursuant to the law, to upload and use the content in your
User-Generated Content, you may send a written counter-notification
containing the following information to our copyright complaint email
i) your physical or electronic signature;
ii)identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the laws of Hong Kong, Special Administrative Region of China (“Hong Kong”), and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
VI. DISCLAIMERS OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
VII. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY WITHIN THE LAST 12 MONTHS.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL 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.
VIII.TERMINATION AND MODIFICATION OF THE SERVICES
1.Termination and Interruption
A. You may apply for termination of your Account at any time and for any reason by sending an application to our customer service team. The Company may terminate your Account and your access to the Services if the Company finds your application reasonable and acceptable. The Company is not obliged to provide the Services unless required by applicable law. Therefore, the Company may terminate the Services in its entirety, or any part thereof, without giving a reason, notice, and compensation to you. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of the termination, lose your Account and all information and data associated therewith, and the Company is under no obligation to compensate you for any such loss.
B. The Company reserves the right to deny the access of any user to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate the Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Services. You agree that the Company needs not to provide you any notice before terminating or suspending your Account, but it may do so.
C. You understand that we need to perform scheduled or unscheduled repairs and maintenance of the Services. If such situations cause an interruption of Services for a reasonable duration, we shall not bear any liability to you and/or to any third parties. However, we shall provide notice to you as soon as practicable.
The Company reserves the right to change, modify, reprice, or discontinue (temporarily or permanently) the Services or any part thereof, with or without notice to you. You have the right to discontinue the use of the Services if you do not agree to such changes to the Services or the Terms made by us. Continued use of the Services shall be deemed as an acceptance of such changes.
IX. GOVERNING LAW AND DISPUTE RESOLUTION
By accepting the Terms or becoming a Registered User, you agree that the laws of Hong Kong, and regardless of your location, will govern the Terms and any dispute of any sort that might arise between you and the Company.
2. Dispute Resolution
A. Any dispute, controversy, difference or claim arising out of or relating to the Terms, 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”) under the HKIAC Administered Arbitration Rules in force when the notice of arbitration is submitted.
B. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
C. If the arbitration clauses above are determined to be totally invalid or non-enforceable, then any dispute, controversy, difference or claim arising out of or relating to the Terms shall be decided exclusively by a court of competent jurisdiction located in Hong Kong, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the territory and the courts of Hong Kong.
D. You acknowledge that the rights granted and obligations made to the Company under the Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
You are solely responsible for your interaction with other users of the Services and other parties that you come in contact with through the Services. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other users of the Services.
Entire Agreement. These Terms constitute the whole legal agreement between you and the Company and govern your use of the Services and completely replace any prior agreements between you and the Company in relation to the Services.
Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out in the Terms. We reserve the right to withdraw linking permission without notice.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Headings. The section headings used herein are for convenience only and shall not be given any legal import. Upon the Company’s request, you will furnish the Company with any documentation, substantiation, or releases necessary to verify your compliance with the Terms.
Survival. You agree that the provisions of the Terms that by their nature should survive termination will survive any termination of these Terms.
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration. If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and the Company each waive any right to a jury trial.
Third-Party Services and Rights. We use third-party services to help us provide the Services, but such use does not indicate that we endorse them or are responsible or liable for their actions. By accessing or using our Services, you are also agreeing to be bound by any applicable third-party Terms of Service. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Services. Some of these third-party websites may use Platform Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Services. You hereby agree that we have the right to, when providing Services, place any type of commercial or non-commercial advertisement in any form or other types of commercial information (including, but not limited to, the placement of advertisements on any page of The Site); you also agree to receive promotional or other relevant commercial information from us via email, short message service (SMS) or other methods, to the extent permitted by applicable law. Nothing in the Terms shall be deemed to confer any third-party rights or benefits.
International Use and Export Control. The Terms may appear in different languages. If any discrepancy or inconsistency occurs between the versions of different languages, this English version shall always prevail. Downloading or using the software is at your sole risk. You hereby represent and warrant that (i) you are not located in a country that is subject to a Singapore government embargo, or that has been designated by the Singapore government as a “terrorist supporting” country; (ii) You are not listed on any Singapore government list of prohibited or restricted parties. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. Particularly, you may not use or otherwise export or re-export the Services and its components except as authorized by the United States (“U.S.”) law and the laws of the jurisdiction in which the Services were obtained. The software and applications comprise the Services may not be exported or re-exported into any U.S.-embargoed countries or to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By accessing and using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of the nuclear, missile, or chemical or biological weapons.
You can reach us at firstname.lastname@example.org
updated by yaohan on Apr 26, 2021