Last updated: November 01, 2024
Please read these Terms of Service (“Terms”) carefully because they govern
(i) your (“User”, “you” or “your”) access to and use of our website (the “Site”),
(ii) your access to and use of the mobile applications, software products, content and updates we provide (“Software Products”), or
(iii) other services that link to or reference these Terms (together with the Site and Software Products, the “Services”), and contain important information about your legal rights, remedies and obligations. By accessing or using the Services, you agree to these Terms and are entering into a legally binding contract with Shanxi Shenghan Network Technology Co., Ltd and its affiliates (“Company”, “we”, “us” or “our”).
You represent that you have read and understand our Privacy Policy (“Privacy Policy”), which can be found on https://www.kenshen.cn/sp/privacy.html. Please note that we may disclose your information to third parties if we believe in good faith that such disclosure is reasonably necessary to:
(i) take action regarding suspected illegal activity;
(ii) enforce or apply our Terms or Privacy Policy;
(iii) comply with a legal process or other governmental investigation, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or
(iv) protect our rights, reputation, and property or the rights, reputation, and property of our users, affiliates, or the public.
If you are unwilling or unable to be bound by the Terms, please do not access or use the Services.
Table of Contents
Modifications
Use of the Services
Content
Virtual Currency and Service Items
Restrictions
Use and Transaction Policies
Copyright Infringement Notices
Suggestions and Improvements
Third-Party Links and Products
Indemnity
Disclaimer and Limitation of Liability
Dangerous Activities
Suspension, Termination, or Cancellation
Miscellaneous
Modifications
We may modify these Terms from time to time. The most current version of these Terms will be located in the Software Product. You understand and agree that your access to or use of the Services is subject to these Terms in effect at the time you access or use the Services. If we make material changes to these Terms, we will notify you by push notification and/or posting a notice on the Website and the Software Product prior to the date the changes take effect. If applicable data protection law requires us to provide you with more detailed notice or obtain your consent to any such changes, we will do so. You can check when the Terms were last updated by checking the “Last Updated” date displayed at the top of these Terms. Any revised Terms will supersede all previous Terms.
2.1. Eligibility. To access or use the Services, you must be at least 13 years old (or such other minimum age applicable in your country) to use the Services. If you are between the relevant minimum age and 18 years old (or the age of majority where you live), you and your parent or legal guardian must review these Terms together, and you must obtain your parent or legal guardian’s consent to use the Services. Parents are responsible for the conduct of their children under 18 when they use the Services. Company recommends that parents and legal guardians familiarize themselves with the parental controls on the devices they provide for their children. The Services are not intended for users under the age of 13. You may not access or use the Services if we have previously prohibited you from using the Services or closed your Account (as defined below).
2.2. License to Use the Services. The Services are provided for your enjoyment only and, unless otherwise provided in the Services, for your personal use only. We hereby grant you a personal, non-exclusive, non-transferable, terminable license to view and use the Services solely for your personal use, subject to your compliance with these Terms. Except as expressly provided herein, we do not grant you any other rights or licenses, express or implied, and all rights, title and interest we have in and to the Services and rights not expressly granted to you by Company or Company’s licensors are reserved by Company or Company’s licensors, respectively. Your use of the Services is at your own risk, including the risk that you may be exposed to offensive, obscene, inaccurate, objectionable, or otherwise inappropriate Content (as defined below).
Except as expressly provided in these Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, decompile or otherwise convert to a human-perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell the Services in whole or in part in any form or by any means without the prior express written permission of the Company or our licensors. This includes without limitation scraping user locations or exploiting any non-public information about our Services or other users and moving that data anywhere.
The grant of your license is contingent upon your proper conduct and continued compliance with these Terms, at the sole discretion of the Company. We reserve the right to suspend or deny your access to all or part of the Services in our sole discretion.
You may not assign, transfer or sublicense these Terms and any rights or obligations under them, except with our prior written consent, but the Company may assign or transfer them without restriction. Any attempted assignment by you without our consent is a breach of these Terms and void.
2.3. Availability of Services. The Company may modify, update, interrupt, suspend or terminate the Services at any time without notice or liability.
2.4. User Accounts. You must create a user account (“Account”) and provide certain personal information in order to use certain features available through the Services. Providing your personal information to the Company is your choice. You acknowledge and agree that you have no ownership or other proprietary interest in the Account.
Your Account is for personal, non-commercial use only. To create an Account, you must be eligible to use the Services for which you are registering, reside in a country where the Services are permitted, have a valid email address and provide true and accurate information. You may not impersonate someone else, create or use an account for someone else, provide another person’s email address or create multiple accounts. If you use a pseudonym, please be aware that others may still be able to identify you if you provide identifying information when using the Services, use the same account information on other websites, or allow other websites to share information about you with us. Please read our Privacy Policy for more information.
In addition, in order to create an Account, the Company may ask you to choose a username and password. You acknowledge that it is your responsibility to ensure that any username you choose does not violate any third-party rights or violate any law. The Company may, in its sole discretion, refuse to grant you a username if, among other things, the proposed username impersonates or misleadingly suggests an association with another person or entity, is or may be unlawful, is or may be protected by a trademark or other proprietary right, is vulgar or otherwise offensive, may cause confusion, or for any other reason determined by the Company in its sole discretion. Your selection and use of a particular username does not constitute any ownership or right in that username, and the Company reserves the right to revoke and/or reassign such username in its sole discretion. You understand and agree that the Company reserves the right to change, remove, modify or delete any username at any time and for any reason, in its sole discretion, with or without prior notice to you. You are solely responsible for maintaining the confidentiality of your username and password and for all access to and use of your account, including any and all activities conducted under your username and password (including use of Virtual Currency, Service Offerings or Services, as the case may be), whether or not authorized by you. Your account may be suspended or terminated if someone else uses your account to engage in activities that violate these Terms.
You agree to notify the Company immediately upon becoming aware of any unauthorized use of your account. We reserve the right to close your account at any time if you violate these Terms or if we have a legitimate reason to do so (such as to comply with a legal or regulatory obligation).
2.5. Third-Party Accounts. You may also register to access the Services by logging into your account on certain third-party social networking sites (including, without limitation, Apple ID, Facebook, and/or Google) (each such account, a “Third-Party Account”) through our Websites or Software Products. Unless you add an email, address, or phone number and set a password for such account, you will no longer be able to log into any of the Services through such Third-Party Account if the Third-Party Account or the associated service becomes unavailable or Company’s access to such Third-Party Account is terminated by you or the third-party service provider.
2.6. Linking Your Account with a Third-Party Account. As part of the functionality of the Services, you may link your account with a Third-Party Account by:
(i) providing Company with your Third-Party Account login information through the Services; or
(ii) allowing Company to access your Third-Party Account, subject to the applicable terms and conditions governing the use of such Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Company and/or authorize Company to access your Third-Party Account (including, without limitation, for Company’s use as described herein) without breach by you of any terms and conditions governing your use of the applicable Third-Party Account and without requiring Company to pay any fees or subjecting Company to any usage restrictions imposed by such third-party service providers. By granting Company access to any Third-Party Account, you understand that Company will access, make available, and store (as applicable) any content you provide to and store in your Third-Party Account (“SNS Content”) so that it is available on and through the Service through your Account and Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be deemed to be Your Content for all purposes of these Terms.
If you choose to link a Third-Party Account with your Account, some of the information you provide to us when linking your Third-Party Account may be available on the Service through your Account and Account profile page, subject to the privacy settings you have selected in such Third-Party Account.
Please note that your relationship with the third-party service providers associated with your Third-Party Account is governed solely by the agreement between you and such third-party service providers. The Company does not review any SNS Content for any purpose, including, without limitation, for accuracy, legality, or non-infringement, and the Company is not responsible for any SNS Content.
2.7. Communications from the Company and Other Users. By creating an account, you agree to receive certain communications related to the Services. For example, you may receive friend requests from other users. You may also receive our email newsletters and promotional documents about our Services. You may opt out of non-essential communications by clicking the “unsubscribe” button in the emails or in-site messages we send.
The Services include Content. “Content” includes software, code, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sounds, graphics, pictures, videos, and all other audiovisual or other materials that appear on or emanate from the Services. Content also includes user-generated content (“UGC”), including account personas, forum posts, profile content, and other content that users post or otherwise make available on the Services.
3.1. Responsibility for Your Content. You are solely responsible for the UGC you submit or transmit to, through or in connection with the Services (“Your Content”), and once posted, Your Content cannot be withdrawn. You bear all risks associated with Your Content, including any reliance by anyone on the quality, accuracy, or reliability of Your Content or your disclosure of any personally identifiable information in Your Content. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described in Section 3.2 (Our Rights to Use Your Content). You may not imply that Your Content is in any way sponsored or endorsed by Company.
For example, you may incur liability if your Content contains material that is false, intentionally misleading, or defamatory; infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary right; contains illegal material, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
3.2. Our Rights to Use Your Content You acknowledge and agree that by submitting or transmitting UGC through or in connection with the Services, you grant the Company (and our subsidiaries, affiliates, licensees, and their respective successors and assigns and those acting under our authority) the unrestricted, absolute, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, copy, reproduce, modify, publish, edit, translate, create derivative works from, publicly display, publicly perform, or otherwise use your Content or any portion thereof, in whole or in part, in conjunction with or as a composite of other materials, including, without limitation, text, data, images, photographs, illustrations, animations and graphics, video or audio clips of whatever nature, in any of the Services or in advertising and promotional materials. Please note that if any of your Content is accessible, viewable or usable by other users through the functionality of the Services, you also irrevocably grant all other users of the Services the royalty-free, perpetual, worldwide, irrevocable right and license to copy, reproduce, modify, publish, edit, translate, create derivative works from, publicly display, publicly perform, or otherwise use your Content or any portion thereof, in whole or in part, in conjunction with or as a composite of other materials. You also irrevocably waive, and cause Company and other users of the Services to waive, any claims and assertions of moral rights or attribution in Your Content. The license granted in this subsection will survive any termination of these Terms.
3.3. Public Information. You acknowledge that chats, postings, and other communications between you and other users of the Services or Company are public and visible to others.
3.4. Ownership. All Content is owned by Company or Company’s licensors or licensed to Company and Company’s licensors pursuant to Section 3.2 (Our Rights to Use UGC) above. As between you and Company, you own Your Content. We own the Company Content, including, without limitation, the visual interfaces, interactive features, graphics, designs, our compilation of UGC and other Service content, computer code, products, software, overall user review ratings, and all other Service elements and components other than Your Content, UGC, and Third Party Content. We also own worldwide copyrights, trademarks, service marks, trade names, and other intellectual property rights (“Intellectual Property Rights”) relating to the Company Content and the Services, which are protected by copyright, trade dress, patent, trademark law, and all other applicable intellectual property and proprietary rights and laws. Therefore, unless expressly authorized by the Company, you may not modify, copy, distribute, create derivative works or publicly display adaptations, or in any way exploit the Company Content or the Services, in whole or in part. Except as expressly provided in this Agreement, we do not grant you any express or implied rights, and all rights in the Services and Company Content belong to the Company. “Company Content” means Company created Content created and provided in connection with the Services. “Service Content” means all content provided in connection with the Services, including Your Content, other UGC, Third Party Content, and Company Content. “Third Party Content” means Content that originates from parties other than Company or Service users and is provided in connection with the Services.
3.5. Advertising. The Company and its licensors may publicly display advertisements and other information alongside or within Your Content. You are not entitled to any compensation for such advertising. The manner, mode, and extent of such advertising may change without notice to you.
3.6. Right to Remove. UGC, including any content created by users employed or contracted by the Company, does not necessarily reflect the views of the Company. We reserve the right to remove, screen, edit, or restore UGC, including Your Content, at any time, in our sole discretion, for any reason or no reason, and without notice to you. We may remove UGC if we deem it necessary, including, but not limited to, if such UGC is inappropriate, creates a conflict of interest, is promotional, irrelevant, violates the privacy of other users, or is stolen from other parties. We have no obligation to retain or provide you with copies of Your Content, and do not guarantee any confidentiality of Your Content.
4.1. License to Virtual Currency and Service Items. You acknowledge that the Services may contain a component of virtual credit or currency (“Virtual Currency”). Virtual Currency may be used only within the Services to gain access to virtual items (“Service Items”) for use only within the Services and to obtain certain limited use rights. Regardless of the term used, Virtual Currency and Service Items represent a limited license subject to these Terms and are not redeemable for any amount or monetary value at any time from the Company or any other person or entity. Virtual Currency and Service Items provided by the Company include only a limited license to use such Virtual Currency or Service Items. Other than the limited, personal, revocable, non-transferable, non-sublicensable license to use Virtual Currency and Service Items within the Services (including in any applications or other services offered or provided within the Services and/or on third-party platforms), you agree that you have no right, title or ownership in or to any such Virtual Currency or Service Items. You acknowledge and agree that Virtual Currency and Service Items have no cash value and that neither the Company nor any other person or entity has any obligation to redeem your Virtual Currency or Service Items for anything of value, including, without limitation, real money, and that Virtual Currency, Service Items and your Account will lose any value if your Account is terminated, suspended or otherwise modified, or if your access to the Services is terminated.
4.2. Fees for Virtual Currency and Service Items. We reserve the right to charge fees for access to or use of Virtual Currency or Service Items and/or may distribute Virtual Currency or Service Items for free at our sole discretion. You acknowledge and agree that, unless we agree otherwise in writing, we may modify or take actions at any time that affect the perceived value or pricing of any Virtual Currency and/or Service Items. Virtual Currency and Service Items may be subject to a specific expiration period as indicated in such Virtual Currency or Service Item. You acknowledge and agree that you may not use such Virtual Currency or Service Items after the expiration of the applicable expiration period. Any Virtual Currency and Service Items marked as “permanent,” “indefinite,” “unlimited,” or other similar meanings will not be subject to an expiration date, but such Virtual Currency and Service Items may be deleted from your account or confiscated when your account is terminated, suspended, or closed for any reason, or when we cease to provide some or all of the Services.
4.3. Managing Your Virtual Currency and Service Items. All purchases of Virtual Currency and Service Items are final and are not refundable, transferable, or exchangeable under any circumstances. By purchasing Virtual Currency and Service Items, you confirm that you want the Virtual Currency and/or Service Items to be credited to your account immediately, and that by doing so you will lose any cancellation rights provided by applicable law.
4.4. We have the absolute right to manage, regulate, control, modify, and/or eliminate such Virtual Currency and/or Service Items at our sole discretion, and we shall not be liable to you or anyone else for exercising such rights. For example, Virtual Currency and Service Items will be lost, deleted from your account or confiscated when your account is terminated, suspended, or closed for any reason, or when we cease any or all of the Services (including, but not limited to, any services provided through third-party platforms).
We reserve the right to make all calculations of the Virtual Currency and Service Item balances in your Account at our sole discretion. We further reserve the right to determine, in our sole discretion, the amount of Virtual Currency to be credited and debited from your Account when you use the Services. While we strive to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that our determination of the amount of Virtual Currency and Service Items in your Account is final unless you can provide us with documentation that such calculations were intentionally erroneous.
4.5. Transfer of Virtual Currency and Service Items; Unauthorized Transactions. Any unauthorized transfer, trade, sale or exchange of any Virtual Currency, Service Items or Accounts to any person, including other users of the Services (“Unauthorized Transactions”) is not sanctioned by us and is strictly prohibited. All users who engage in such activities do so at their own risk and hereby agree to indemnify the Company for any and all consequences of such conduct. You acknowledge that the Company may stop, suspend, terminate, discontinue or reverse any Unauthorized Transactions when the Company suspects or has evidence of fraud, violation of these Terms, violation of any other applicable laws or regulations, or any intentional conduct intended to interfere with the normal operation of the Services. You further agree that the Company may reverse any transaction or may deduct from your Virtual Currency or Service Item balance if such reversal is in the best interest of the Company, including, without limitation, taking actions that may result in your balance being zero and/or negative. The Company may, in its sole discretion, terminate, suspend or modify your account if you engage in or facilitate any unauthorized transaction. Certain information may need to be verified before we accept a transaction involving Virtual Currency and/or Service Items. In addition, as a condition of receiving certain Virtual Currency, Service Items or other prizes in promotions, giveaways, contests or sweepstakes, you may be required to provide additional information about yourself in our marketing materials. You acknowledge and agree that the Company is not responsible for the use or loss of such information, Virtual Currency and/or Service Items as a result of any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering and/or any other unauthorized third party or other user activity. The Company may replace such lost Virtual Currency and/or Service Items in certain circumstances at its sole discretion and without any obligation or liability. You may be required to provide the Company or our designated representative with your credit card number or other billing information and related information in order to purchase Virtual Currency or Service Items. The Company may also provide you with the option to participate in third-party offers to receive Virtual Currency and/or Service Items.
4.6. Purchase of Virtual Currency and/or Service Items. You may pay for Virtual Currency and/or Service Items using any alternative billing and payment providers (e.g., Apple Pay, Google Wallet, and PayPal) identified on or in the Service. We will not provide you with any products or services until the alternative billing and payment provider authorizes the use of your credit card or other applicable payment method. If you use the services of an alternative billing and payment provider, you will be subject to the terms and conditions of that third-party provider, which are available from that provider. You may be required to create an account with that alternative provider and provide that provider with your bank account or credit or debit card details.
We have no obligation to enforce these Terms on your behalf against other users. We encourage you to let us know if you believe another user has violated these Terms, but we reserve the right to investigate and take appropriate action at our discretion.
5.1. Improper Use of the Service. You agree not to, assist, encourage or allow others to use the Services to:
Violate the rights of any third party, including violations of confidentiality, copyright, trademark, patent, trade secret, moral rights, privacy rights, publicity rights or any other intellectual property or proprietary right;
Upload any content that is obscene, libellous, defamatory, pornographic, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
Solicit personal information from minors, or submit or distribute pornographic content;
Threaten, stalk, harm or harass others, or promote bigotry or discrimination;
Money laundering, gambling, betting or any similar activity that can (directly or indirectly) win prizes or awards, including betting on the outcome of a contest in which you participate as a player, whether or not fees or stakes are involved;
Engage in, use or participate (directly or indirectly) in the use of cheats, exploits, automation software, simulators, robots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
Promote a business or other commercial enterprise or activity, or otherwise use the Services for commercial purposes, except as expressly permitted by the Company;
Send bulk emails, surveys or other mass communications, whether or not commercial in nature; engage in keyword spamming, or otherwise attempt to manipulate the search results of the Service or any third-party website; or
violate any applicable laws.
5.2. Additional Restrictions. You also agree not to, and will not assist, encourage or allow others to:
Violate the Terms;
Modify, adapt, misappropriate, copy, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Services or Service Content (except Your Content), except as expressly authorized by us;
Use any robot, spider, site search/retrieval application or other automated device, process or methodology to access, retrieve, crawl or index any portion of the Services or any Service Content;
Reverse engineer any part of the Services;
Remove or modify any copyright, trademark or other proprietary notices appearing on any part of the Services or on any materials printed or copied from the Services;
Log, process or mine information about other users;
Access the Services by any means other than the public interface that we make available to you;
Reformatting or framing any part of the Services;
Take any action that imposes or may impose an unreasonable or disproportionate load on our technical infrastructure or place excessive traffic demands on the Services, as determined by the Company in its sole discretion;
Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
Use the Services or any Service Content to transmit any computer virus, worms, defects, Trojan horses or any other computer code, files or programs designed to interfere with, destroy or limit the functionality of the Services;
Use any device, software or routine that interferes with the normal operation of the Services, or otherwise attempt to interfere with the normal operation of the Services;
Use the Services to breach the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause damage to, the Services or Service Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict use or copying of Service Content, or features that enforce limitations on use of the Services.
The foregoing limitations apply only to the extent permitted by applicable law. Nonetheless, you agree not to act in violation of these limitations (even if permitted by applicable law). In addition, the Company reserves the right to determine what conduct violates these Terms or violates the intent or spirit of the Services. The Company reserves the right to take action, which may include terminating your account and prohibiting you from using the Services in whole or in part.
6.1. Equipment. You will provide, at your own expense, the equipment and internet connection necessary to access and use the Services.
6.2. Usage Fees. The Company is not responsible for any charges for the use of any equipment or Services that you use to access the Services, including, but not limited to, charges for the use of mobile phones, tablet devices, internet service providers, car navigation systems, and other devices (whether wireless, wired, requiring dock syncing, or otherwise).
6.3. Transaction Fees. The Company is not responsible for any third-party payment processor credit card or bank-related fees and charges incurred by you in connection with transactions conducted on or through the Services, or your participation in any third-party offers. All such transactions are managed by third-party payment processors. We expressly disclaim any liability for any such transactions, and you agree that your sole recourse with respect to such transactions is through such third-party processors. You acknowledge and agree that:
(a) any credit card transaction related information will be processed by the Company in accordance with our Privacy Policy and, if applicable, the privacy policy of the third-party payment processors used by the Company on or through the Services or Third-Party Platforms,
(b) all credit card and other payment related information you provide to the Company, our designated payment processors or third parties providing offers will be accurate, current and complete;
© you will pay any and all charges incurred by you or any authorized users of your payment method for your purchases at the rates in effect when such charges were incurred; and
(d) you are responsible for any and all taxes we impose on your purchases.
6.4. Virtual Currency, Services and Children. Our Services are not intended for children under the age of 13 or those who have not reached the age of majority under the laws of the applicable jurisdiction. Although our software products are free to download, certain products, features and operations within the Services are only available by purchasing virtual currency or other products using real money. If you are a parent, legal guardian or other adult responsible for a child in your care, you are fully responsible for the use of your credit card or other payment instruments by the child in your care. Parents, legal guardians, and other adults who provide their children or children in their care with access to our Services should take precautions to prevent accidental purchases of Virtual Currency, Service Items, and/or other in-Service products. We do not accept returns on any Virtual Currency and Service Items, including those purchased by children in your care (minors).
6.5. Purchase Errors. We are not responsible for purchases made in error, trials, software purchased for the wrong phone, device, or platform, promotional codes or discounts not available at the time of purchase, or any items not purchased for any reason (“Purchaser Error”). We are not responsible for any errors on bills issued to you by your carrier or distributor of software products. It is your sole responsibility to confirm that your device, platform, and carrier are supported and that your phone or other device and platform are compatible with the products or services you purchase, download, or otherwise obtain through the Services. While we will make commercially reasonable efforts to assist you in obtaining the appropriate software for your device or platform, we are not responsible for any Purchaser Error. If you For any additional questions regarding any product or service offered through the Service, please contact our Customer Support at [email protected] . We do not accept returns on any software downloads or any purchases of virtual currency or service items. Please carefully review your system requirements before making any purchases. You agree to be responsible for obtaining and maintaining all equipment hardware, software, and other equipment required to access and use the Service, and all charges associated therewith.
It is our policy to respect the legal rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Please note that we implement a policy that provides for the termination of repeat infringers in appropriate circumstances.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service, with sufficient detail for us to locate it. Providing the URL in the body of your email is the best way to help us locate the content quickly;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that material you posted was removed from the Service in error and that you have the rights to post that material, you may choose to send us a counter-notification. To be effective, a counter-notification must include the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing the URL in the body of your email is the best way to help us locate the content quickly;
A statement that you have a good faith belief, under penalty of perjury, that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to jurisdiction over the jurisdiction in which we are located and to accept service of process from the person who notified you of the infringement or its agent.
Please note that anyone who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability
If you repeatedly infringe the intellectual property rights of others, we may terminate your account and ability to access our Services.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that:
(i) your Feedback does not contain confidential or proprietary information of a third party;
(ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback;
(iii) we may already be considering or developing content similar to the Feedback;
(iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive and cause others to waive any claims and assertions of any moral rights against the Company and our users with respect to such Feedback.
The Services may contain links to other websites or applications (each, a “Linked Third-Party Website”). These Linked Third-Party Websites are provided free of charge to our users of the Services by our suppliers.
The Company has no control over Linked Third-Party Websites or the materials, information, goods or services available on or contained on Linked Third-Party Websites, nor does it control how such Linked Third-Party Websites may use your data and/or personal information. The Company is not responsible for the content, goods and/or services of linked third-party websites and does not endorse, represent or guarantee them in any way, and the Company shall not be liable for any claims you may have regarding any content, goods and/or services of linked third-party websites. In addition, the Company is not responsible for any privacy or other business practices of such linked third-party websites, or for any materials, information, goods or services available through such linked third-party websites. If you decide to access any linked third-party website, you do so entirely at your own risk. The Company reserves the right to terminate links to any linked third-party website at any time.
You agree to indemnify, defend and hold harmless Company, its parent, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and their respective officers, directors, employees, agents and representatives (collectively, the “Company Entities”), from and against any and all claims or demands, including costs, liabilities and legal fees, made by any third party due to or arising out of:
(i) your access to or use of the Services,
(ii) your breach of the Terms,
(iii) any products or services purchased or obtained by you in connection with the Services, or
(iv) infringement by you or any third party using your account of any intellectual property or other right of any person or entity. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company’s defense of such claims. You agree not to settle any such matter without Company’s prior written consent. Company will use reasonable efforts to notify you of such claim, action or proceeding upon becoming aware of it.
Please read Section 11 carefully because it limits Company’s liability to you. The following subsections apply only to the maximum extent permitted by applicable law. Nothing herein is intended to limit any rights you may have that may not be limited by law. If you are unsure about this or any other part of these Terms, please consult a legal professional before accessing or using the Services. By accessing or using the Services, you indicate that you have read, understood, and agree to these Terms, including this Section 11. By agreeing to these Terms, you waive your substantial legal rights.
11.1. No Warranties for the Services. The Services are provided to you on an “as is,” “with all faults,” and “as available” basis, with the express understanding that the Company may not monitor, control, or review UGC or third-party content. Therefore, your use of the Services is entirely at your own discretion and risk. The Company makes no representations or promises about the quality, accuracy, or reliability of the Services, the security or safety of the Services, or the content of the Services. Accordingly, the Company assumes no liability for any loss or damage that may arise, for example, due to the inoperability, unavailability, or security breaches of the Services, or due to your reliance on the quality, accuracy, or reliability of the content of the Services.
11.2. Confidentiality or Privacy. The Company does not guarantee the confidentiality or privacy of any communications or information transmitted through the Services or any linked third-party websites. The Company is not responsible for the privacy of email addresses, registration or identification information, disk space, communications, confidential or trade secret information, or any other content stored on our equipment, transmitted over networks accessed through the Services, or otherwise in connection with your use of the Services.
11.3. Third-Party Services. The Company makes no representations or promises about any third-party services offered through our Services. Accordingly, the Company assumes no liability for any loss or damage resulting from the acts or omissions of such third-party services, including, for example, the misuse of your content, identity, or personal information by a third-party service. Your purchase and use of products or services provided by third parties through our Services is entirely at your own discretion and risk.
11.4. Disclaimer of Warranties. The Company expressly disclaims all warranties, express or implied, including warranties for products or services provided by third parties and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice given to you by a Company representative shall create a representation or warranty.
11.5. User Remedies. If you are dissatisfied with the Services, third-party services provided through the Services, or have any other grievance, your sole and exclusive right and remedy is to terminate and cease accessing or using the Services.
We do not recommend using the Services during certain activities (such as driving) where there is a significant risk of injury or accident. You agree not to use our Services during these activities and acknowledge that any such use will violate these Terms. You further acknowledge and agree that such use is at your sole risk and that we are not responsible for any damages of any nature resulting from such use.
13.1. Termination by You. You may terminate these Terms at any time by closing your account, ceasing to use the Services, and deleting the Software Product from your device. You have the right to cancel your account at any time.
13.2. Termination by the Company. We may suspend, cancel, or terminate your account, cancel or suspend your access to Virtual Currency, suspend your ability to use certain portions of the Services, and/or prohibit you from using the Services altogether for any reason or no reason, without notice or liability. Cause for such suspension, cancellation or termination may include, but is not limited to, if we believe in good faith that
(a) you or an associated person has engaged in any of the restricted conduct described in Section 5 (Restrictions) or has otherwise violated or may violate these Terms, or
(b) your Account and Service use has been inactive for more than twenty-four (24) months. If you violate these Terms and we revoke your license, you will lose all benefits and privileges associated with the Services, including, without limitation, your right to use Virtual Currency and Service Offerings. We have no obligation to compensate you for any such losses.
We reserve the right to discontinue providing any one or more of the Services, Virtual Currency and/or Service Offerings at any time, whether temporarily or permanently, and without any liability, compensation, refund or other compensatory benefit to you. Your license to such Services, Virtual Currency and/or Service Offerings will automatically terminate when we terminate access to such Services, Virtual Currency and/or Service Offerings. Any such action may prevent you from accessing your Account, Services, Your Content, Service Content or any other related information.
13.3. Survival If you or the Company terminate these Terms, the following sections will continue in full force and effect: Section 3 (Content), including, without limitation, Company’s right to use your Content, Section 5 (Restrictions), Section 6 (Usage and Transactions Policy), Section 9 (Third-Party Links and Products), Section 10 (Indemnification), Section 11 (Disclaimers and Limitations of Liability), and Section 14 (Miscellaneous).
14.1. Rights. Nothing herein is intended to, or will be deemed to, confer any third-party rights or remedies.
14.2. Agreement between You and the Company. These Terms contain the entire agreement between you and the Company regarding the use of the Service and supersede any prior agreements between you and the Company with respect to such subject matter. The parties acknowledge that no reliance is placed on any representation not expressly contained in these Terms.
14.3. Waiver. The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise any right under these Terms in any manner shall not be deemed a waiver of any further rights under these Terms.
14.4. Severability. If any provision of these Terms is found to be unenforceable or invalid, such provision shall be modified only to reflect the parties’ intent or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
14.5. Section Headings. The section headings in the Terms are for convenience only and have no legal or contractual effect.
14.6. Contact Information. If you wish to report a violation of these Terms, have any questions, or need assistance, please contact our Customer Service at [email protected].