I. INTRODUCTION TO AND ACCEPTANCE OF THE TERMS
i) that you are at least 16 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 these Terms; and
iv) where necessary, your legal guardian has reviewed and consented to these Terms.
Your fundamental rights as a user (whether registered an account with us or not) to the Services are mainly set forth in these Terms, so please read all of the terms and conditions carefully. These Terms include an agreement to resolve disputes by arbitration on an individual basis. he venue of such arbitration may not be in the country where you reside. 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 these 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 Services (or at any other time designated in the terms of such version, if any). We will give you notification or provide you the opportunity to review such version by other means. 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.
II. USER RIGHTS AND LICENSES
1. Rights to Access the Services
A. The Services provide a 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 participate in public and private chatrooms and/or showrooms, make or watch video-game/singing/dancing/talk-show/sports/etc. live broadcast, replay of recorded audiovisual content, video-on-demand, music streaming, searches, networking, forums (BBS), email and/or the posting of comments and to utilize messaging and other interactive features to communicate with other users of the Services.
B. Subject to your compliance with these Terms, 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, non-commercial use. You agree not to (and not to attempt to):
i) access or use the Services for any use or purpose other than as expressly permitted by these Terms;
ii) 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;
iii) conduct any action that may infringe or jeopardize the lawful rights or interests of any person; or
iv) copy, modify, adapt, produce derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or any portion thereof, except as expressly permitted in these Terms or authorized by the Company.
2. License of the Software and the App
A. Both the Software and the App consist of computer programs and integrated or peripheral contents which may contain copyrighted material. The Software and the App made available to you are licensed, not sold, to you. Your license to each of the Software and the App is subject to your prior acceptance of these Terms. The Company reserves all rights in and to the Software and the App that are not expressly granted to you under these Terms.
B. Subject to your compliance with these Terms, the Company grants you a conditional, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to copy, store, install, use and uninstall the Software and the App on any computing devices (inclusive 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, these Terms govern any and all content, material and services accessible from or purchased within the Software and the App as well as upgrades and patches provided by the Company.
C. Except as expressly provided in these Terms, you shall not rent, sell, transfer, redistribute or sublicense the Software and the App. If you sell your computing device to a third party, you must remove the Software and the App from such device, or at least log out and erase all records in relation to your use (and your user account with us, if any) of the Software and the App.
D. You shall not make use of errors, bugs or defects of the Software and the App, and shall not develop, distribute, disseminate or use any program, software or scripts which may cast detriment to us or the Software and 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 these Terms, no other licenses or rights are granted to you by implication or otherwise under these Terms.
5. Your Account
A. Typically, you need not register a user account with us for certain part of the Services. However, for the rest part of the Services, especially those advanced features and functions of the Services, you must register a user account (“Account”) with us before you can use them.
B. You become a registered user (“Registered User”) of our Services once your Account is opened with us, and cease to be a Registered User when you no longer maintain an Account with us. When you are in the status of a Registered User, you are obliged to observe the User Agreement accepted when you registered for the Account.
III. 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, Codes of Conduct and Community Guidelines (each as defined below, collectively “Regulations”)during your access to and use of the Services.
When accessing and using the Services, you may be subject to additional rules applicable to specific parts and features of the Services, as promulgated by us online from time to time (the “Rules”). Such Rules set forth the way, method and procedures for you to use such Services, including without limitation what roles will you play under a product or service, what operations you may perform, what rules or procedures you have to follow, and what consequences will you face if you fail to follow. We may promulgate new rules, post notices or make announcements online from time to time to improve the Rules. All such rules, notices and announcements shall be deemed incorporated into these Terms by reference. If you do not agree with any of the Rules, your sole recourse is to cease to use the corresponding product and service.
2. Codes of Conduct
A. The Services may provide you ways of communication such as instant messengers, live showrooms, public or private chat areas, forums, blogs, or other types of communities designed to enable you to communicate and/or interact with other users of the Services. The Company has no obligation to monitor or review all these communication channels, but it may do so and correct all improper use of such communication channels.
B. The Services may provide one or more tools featuring various functions for its users, where the users including you may generate, upload, display, transfer, share, disseminate or otherwise use content (includes but not limited to text, graphics, photos, sounds, music, videos, audiovisual combinations, scripts, codes, interactive features and other materials you may view on, access through, or disseminate over the Services) owned or controlled by such users (“UGC”, user-generated content). You acknowledge that any UGC (including without limitation chatting messages, postings, live streaming data, or any other data or material qualifies the definition of UGC above) on the Services is neither controlled nor endorsed by us. The Company is not responsible for UGC that you choose to share or otherwise use on the Services, or for the UGC of other users, with regard to the legitimacy, compliance, accuracy, completeness and any other aspects of such UGC.As a condition of your use of the Services, and without limiting your other obligations under these Terms, you agree to always maintain a lawful and proper behavior, doing no harm to us and other persons, and comply with the restrictions and rules set forth in these Terms including the Community Guidelines as set forth below.
example, you agree not to use the Services in any way to:
i) post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise illegal or objectionable as provided by applicable laws or outlined in below Community Guidelines;
ii) defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, humiliate or abuse any person;
iii) violate the contractual, personal, intellectual property or other rights of any person including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any person (including rights of privacy or publicity);
iv) upload or transmit (or any attempt thereof) files that contain viruses, Trojans, worms, time bombs, cancelbots, corrupted files or data, or any other malicious software or programs that may damage the operation of the Services or other users’ devices or data;
v) attempt to obtain passwords or other log-in confidential or private information of other users of the Services;
vi) develop, distribute, inform other users of, or use automating, cheating or injecting programs, software or scripts which may cast detriment to the Services or to the lawful rights or interests of us or other users;
vii) exploit, distribute or publicly inform other users of any error, defect or bug which gives an unintended advantage; or violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks against the Services; or
viii) improperly use our customer service, technical support or complaint channels to make false or malicious reports or requests to us; or use the Services to infringe upon the commercial or other interests of us, including but not limited to posting or overlaying advertisements without express permission of us.
C. These Codes of Conduct are not meant to be exhaustive. We may promulgate new rules, post notices or make announcements online from time to time to improve these Codes of Conduct. All such rules, notices and announcements shall be deemed incorporated into these Terms by reference. And we reserve the right to ultimately determine what conduct we reasonably consider to be an improper conduct and/or a violation of these Codes of Conduct (even such conduct is not listed in these Codes of Conduct and all subsequent rules, notices and announcements),and to take action in line with Clause III.4. of these Terms.
3. Community Guidelines
Since we provide merely a tool or a place for our users to generate, display and share their content (UGC), 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 aren’t responsible for any activity or content that is made or provided by the users; however, we expect the users to uphold their actions, behavior and conducts to the following guidelines, and we may intervene and rectify if these guidelines are not upheld.
A. You are encouraged to:
i) use the Services with your friends; tell them about the Site, Software 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) contribute more high-quality UGC to this community; and
v) make more positive comments and feedbacks to the contributors of UGC.
B. You are prohibited to:
i) Do anything illegal on or through the Services. We will take immediate action if you violate any applicable laws or regulations, or promote or encourage any illegal activity, including but not limited to conducting crimes, terrorism-related activities, hacking, cracking, distribution of pirated software, taking or advocating drugs, violence, gambling (where gambling is illegal).
ii) Share content related to minors that may cast negative effect against minors. For example, do not share or post content that depict minors or underage individuals engaged in violent, sexually suggestive, pornographic, drug taking, smoking, shameful, or other inappropriate situations.
iii) Share content that violates another person’s contractual, personal, intellectual property or other rights. For example, do not share content that violate the copyright of other person; do not act with intent to shame or degrade another individual; do not use material contains portrait of other person without consent of such person.
iv) Share content which is not suitable for the user group of the Services, or is of negative social effects. For example, do not share sexually explicit content (even if pornography or prostitution is lawful under applicable laws); do not share content glorifying or promoting self-harm or suicide; do not share content of animal cruelty; do not share content for sadistic pleasure; do not glorify or celebrate violence, hatred, Fascism, extremism, racism or discriminations (regardless of basing on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation or gender identity).
v) Share content that is directly threatening someone’s physical or financial state. For example, do not threaten to harm another person or someone related to another person in any capacity; do not tell other people you will hurt or kill them; do not share or threaten to share personal information of another user, including but not limited to home address, phone number, email, social security number, and photos.
vi) Distribute malicious content. For example, do not distribute viruses, engage in or promote phishing activities, threaten another user with digital harm including but not limited to viruses, Trojans, hacking, and spying.
vii) Attempt to steal or illegitimately alter anyone’s Account or data, or undermine any part of the Services or services provided by other persons. For example, do not demonstrate or promote unauthorized access to networks, servers or other devices; do not delete, modify, insert data or information to the Services without permission; do not attempt to probe, scan, sniff or test the robustness of the Services without permission, or other conduct that may undermine cyber security or other aspects of the Services.
viii) Organize and participate in raids or other forms of harassment. For example, do not engage in or post content encouraging the harassment of individuals or communities. If someone is harassing you or your community, be proactive and stop them immediately, and report to us when necessary. ix) Do anything related to Spamming.
ix) Do anything related to Spamming. For example, do not create spam Accounts for the sake of advertising or annoying users with requests or other tactics; do not disguise yourself in attempt to contact someone who has blocked you.
C. These Community Guidelines are not meant to be exhaustive. We may promulgate new rules, post notices or make announcements online from time to time to improve these Community Guidelines. All such rules, notices and announcements shall be deemed incorporated into these Terms by reference. And we reserve the right to ultimately determine what conduct we reasonably consider to be a violation of these Community Guidelines (even such conduct is not listed in these Community Guidelines and all subsequent rules, notices and announcements),and to take action in line with Clause III.4. of these Terms.
4. Consequences of Misuse of the Services
A. If you violate applicable laws, regulations, these Terms (particularly, including but limited to the Rules, Codes of Conducts and Community Guidelines) 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) confiscation of your Virtual Currency and/or Virtual Items(each as defined below);
iii) deducting your Account balance, or your revenue or other accounts receivable from us in relation to the Services;
iv) restricting or terminating the provision of certain portions, features or functions of the Services to you;
v) suspension or termination of your Account, and/or limitation or denial of further service to you; and
vi) 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 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 these 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.
D. The provision under this Clause III.4. are cumulative and in addition to any other rights or remedies provided by law, and not in substitution for them. Therefore, we may still claim against you for your violation against law and/or breach of contract, even if we have taken countermeasures or penalties under this Clause III.4.
IV. INTELLECTUAL PROPERTY RIGHTS
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 UGC (collectively, the “Company Materials”), are, as between the Company and you, owned by the Company and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading the Company Materials or by purchasing any Virtual Currency or Virtual Items. 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 Company 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 Company 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.
2. Copyright Complaints
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 firstname.lastname@example.org. To be effective, the notification must be in writing, in the English or Chinese language, 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 UGC 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 UGC, you may send a written counter-notification containing the following information to our copyright complaint email address:
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 a 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.
We will not charge you a fee to use the basic functionality of the Services. However, you may have to pay a fee to use certain features of the Services or to obtain Virtual Currency or Virtual Items, after you have become a Registered User.
VI. DISCLAIMERS OF WARRANTIES
1. THE SERVICES AND THE COMPANY MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
2. You specifically acknowledge thatthe Company shall not be liable for UGC,including without limitation your UGC, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Similarly, the Company will not under any circumstances be liable for any communication made between our users.
3. When we restrict, suspend (freeze), reclaim, replace or terminate the use of Your Account in accordance with applicable laws and these Terms, we shall not be responsible for any loss or damage (including but not limited to the loss of communication, data and virtual properties) arising from such measures, which shall be solely and entirely assumed by you.
4. We do not assume any liability in the following circumstances:
i) We provide or disclose your personal information in accordance with legal requirements or orders of governmental or judicial authorities;
ii) The disclosure of personal information resulting from the your sharing your password or Account with others, or any other disclosure of personal information which is not attributable to us;
iii) Any disclosure of personal information or other loss or damage due to hacking, computer virus attack, blackout, or interruption of telecommunication services;
iv) Any disclosure of personal information or other loss or damage due to force majeure.
VII. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) 100 UNITED STATES DOLLARS. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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 termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Items, 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 these 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 need not provide you 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 these Terms made by us. Continued use of the Services shall be deemed as an acceptance of such changes.
IX. GOVERNING LAW AND DISPUTE RESOLUTION
1. Governing Law
A. By accepting these Terms or accessing or using the Services, you agree that the laws of Hong Kong, without regard to principles of conflict of laws thereof and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company.
B. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods (1980).
2. Dispute Resolution
A. Any dispute, controversy, difference or claim arising out of or relating to these 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 the English or Chinese language.
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 these 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 these 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.
3. User Disputes
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.
X. ADDITIONAL PROVISIONS
1. You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.
2. All notifications sent to you by us under these Terms may be delivered via a webpage announcement, in-application pop-up message, email, text message or post; such notifications shall be deemed to have been received by the recipient on the date sent. Notifications from you to us should be sent to the contact address, fax number, email address or other contact details officially announced by us.
3. These Terms constitutes the entire agreement between you and the Company with respect to your use of the Services and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Services by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
4. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
5. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
6. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms may not be assigned by you without the Company’s prior written consent, but are freely assignable by the Company.
7. 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 these Terms.
8. You agree that these Terms will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
9. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.
10. Third Party Services and Rights
A. 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. 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 Company 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.
B. 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.
C. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
11. International Use and Export Control
A. These Terms may appear in different languages. If any discrepancy or inconsistency occurs between the versions of different languages, this English version shall always prevail.
B. Software available in connection with the Services and the transmission of applicable data, if any, is subject to Singapore export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of Singapore export laws. 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; and (ii) You are not listed on any Singapore government list of prohibited or restricted parties.
C. 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 United States (“U.S.”) law and the laws of the jurisdiction in which the Services was 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 nuclear, missile, or chemical or biological weapons.
12. Additional Provisions Applicable to iOS Applications
The following additional terms and conditions apply with respect to any App that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”). You acknowledge that these Terms are between you and us only, and not with Apple, Inc. (“Apple”).
A. Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
B. The Company, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
C. You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.
D. You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
E. You agree to comply with all applicable third-party terms of agreement when using our iOS App (for example, you must not be in violation of your wireless data service terms of agreement when using the iOS App).