Service Agreement and Privacy Policy
You are reading the Terms and Conditions of Use ("Terms"), which govern the relationship and serve as an agreement between you and us and set out the terms and conditions under which you may access and use the Platform and our associated websites, Services, Applications Programs, Products and Content (collectively, the “Services”). Terms are written in English (United States). If any translated version of this Agreement conflicts with the English version, the English version shall control.
Privacy Policy
app, Inc. (“app” or “we”) is committed to protecting the privacy of users of our applications and websites (“you”). We have prepared this privacy policy to describe to you our practices regarding the Personal Data (as defined below) that we collect from users of our applications and websites (collectively, the “Site”) and online services (the “Services”). This policy does not apply to the practices of companies that we do not own or control.
By using our Site and our Services you understand and agree to the terms of this privacy policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this policy. If you do not agree to this policy, do not install, use, or access our Site or our Services. We may update this policy from time to time and will post updates to this policy on this web page, including the policy's effective date.
- 1. INFORMATION COLLECTION AND USE
- “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, bank account, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data, including musical content that you create using our Site and our Services (“Content”). “Aggregate Data” means Personal Data that has been combined by or for app into anonymous groups of users where the groups are lar---ge enough to reasonably prevent individual users from being identified, and “Anonymized Data” is Personal Data that has been anonymized by or for app so that it does not allow a third party to easily identify a specific individual.
- 2. INFORMATION THAT YOU PROVIDE TO US DIRECTLY
- Basic account information
- In order to register for a app account on the Site, you are required to provide app with certain Personal Data, such as your email address, username and password. Your user name is listed publicly on the Services, including in search results. We may use your email address to send you information about the Services, provide customer support or to notify you of additional app products and services. You may use your account settings to unsubscribe from notifications from app.
- Additional profile information
- You may also choose to provide app with additional Personal Data for your profile, which we will make public (your “Public Profile”), such as a picture, your location and an additional blurb about yourself. The information that you provide in your Public Profile will be visible to others, including anonymous visitors to the Site.
- Information from third party social network accounts
- If you sign into the Site with a third party social network, such as Facebook Connect, we will collect any information that you have agreed to make available to app through such account, which may include: (1) your first and last name, (2) your user ID/URL, (3) your profile picture, (4) your list of friends, (5) your email address, and/or (6) your birthday. This information will be primarily used for user registration and to enhance your social experience on the Site, which may include friend-to-friend interaction and notifications, chat, or messaging functionality, public leaderboards, head-to-head competition and other similar features. If you sign into app with a third party social network and agree to make your list of friends on such network available to app, your friends on such network will automatically follow you on the Site and your app account will be automatically configured to follow your friends. You can, however, unfollow any other user on app at any time.
- Content, following and other public information
- App's Services are designed to help you create and share Content. Most of the information you provide app is information you are asking app to make public. This includes the Content you create and the metadata associated with it, such as when you created it, the people you follow, the songs you mark as favorites or share, and your comments on Content provided by other users. We will associate this information with your Personal Data and we may use this information and other information that results from your use of the Site and/or Services to customize the content we show you, including ads. When you share information or Content via the Site or the Services, you should think carefully about what you are making public.
- Any content created in app should follow the community rules, avoiding content below.
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1. Child endangerment
2. Sexual profanity
3. Hate speech
4. Violence
5. Terrorist content
6. Sensitive events
7. Bullying and harassment
8. Dangerous products
9. Marijuana and other harmful drugs
10. Tobacco and alcohol.
11. Cash gambling
12. Illegal activities that violate local laws
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Once these contents found by app admins or reported by other users, app will delete all related contents, and may take further measures(including but not limited to banned related accounts) if the situation gets serious.
- Public forums
- Forums, message boards, blogs and/or news groups may be available to you through the Site and/or the Services. Please remember that any information you post in these areas becomes public information. If you post personal information online that is accessible to the public, you may receive unsolicited responses. You should exercise caution when deciding to disclose any of your personal information in a public forum. Surveys and contests
- We sometimes conduct or sponsor surveys and contests. Participation in surveys and contests is completely voluntary. If you elect to participate, we may ask you for contact, demographic, and other information. We use this Personal Data to understand our users and their use of the Site and Services and to improve the Site and Services, and we may provide users with the results of such surveys and contests.
- 3. INFORMATION THAT WE GET FROM YOUR USE OF THE SERVICES
- Log data and location information
- When you use the Services, we automatically collect certain log data, including your IP address, browser type, hardware type, unique device ID, the version of your operating system, your activity within the Services, and your location (based on opt-in location-based services, which rely upon a device's GPS coordinates). We use this information to administer, troubleshoot and improve the Services, and to help us understand how you and our other users use the Site and Services. We may also collect similar information from emails sent to app's users, which helps us track which emails are opened and which links are clicked by recipients.
- Cookies and similar technologies
- The Site uses cookies, which deposit certain record keeping information on your computer or mobile device, and other similar technologies, to collect usage data, to keep track of your preferences, to deliver content and advertising specific to your interests and for other similar purposes. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. These cookies can't read other data from your hard drive or read cookie files created by other sites or applications. Most browsers are set to accept cookies unless you reconfigure your browser to refuse them or to notify you when you will have received one. If you do not accept cookies, you will not be able to use certain features of the Site and Services. We may also ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by app or such third party. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on the Site and Services.
- Google Analytics
- We use Google Analytics' Demographics and Interest Reporting feature to collect information about use of the Site. Google Analytics collects information such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to the Site. We will not facilitate the merging of your Personal Data with non-personally identifiable information collected through Google Analytics unless we have given you notice of that merger. You may opt-out of Google Analytics tracking with the Google Analytics opt-out browser add-on.
- 4. INFORMATION SHARING AND DISCLOSURE
- We do not sell or disclose your Personal Data to unaffiliated third parties except under the circumstances described in this Privacy Policy.
- Other users
- Any information in your Public Profile (e.g., your username and any profile image, location or additional information that you provide as part of your Public Profile, but not your first and last name or email address) will be accessible by other users of the Site and Services. Content that you create through or upload to the Site or the Services will by default be public and available to users of the Site and the Services. For information about how to change your privacy settings with respect to Content or delete Content from the Site or the Services, see the frequently asked questions at official website. Similarly, if you comment on any Content on the Site or the Services, your comments will be public and available to users of the Site and the Services.
- With your consent
- We may disclose your Personal Data when we have your express permission.
- Advertisers and other business partners
- We may share Anonymized or Aggregated Data about our users or the use of the Site or Services with our advertisers and partners. This means that we may tell our advertisers general information about the characteristics of our user base, but we do not specifically identify a particular user or visitor by name or provide the user's contact information. We may share your unique device ID and/or your location (based on opt-in location-based services, which rely upon a device's GPS coordinates) with third parties, including advertisers and partners, or provide reports to such parties about the number of unique users who saw or clicked on their advertisements. We may also share certain information such as cookie data with third-party advertising partners. This information, among other things, allows third-party ad networks to deliver targeted advertisements that they believe will be of most interest to you.
- Service providers
- We may disclose your information on a confidential basis to nonaffiliated service providers we engage to perform services for app in connection with the Site and our provision of the Services. Information will be shared with such service providers only to the extent reasonably necessary for them to perform such services.
- If required by law
- Regardless of any choices you make regarding your Personal Data (as described in Section 7 below), we may preserve and disclose your information if we believe in good faith that we are required to do so in connection with any legal investigation, or by law or regulation, including in response to a court order, subpoena or other legal demand or request.
- Safety and security
- Regardless of any choices you make regarding your Personal Data (as described in Section 7 below), we may preserve and disclose your Personal Data if we believe in good faith that it is reasonably necessary to protect the safety of any person, to address fraud, security or technical issues, to protect app's rights or property, and/or to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
- Change of control
- We may share some or all of your Personal Data in connection with, or during negotiation of, any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
- Creation of Anonymous and Aggregated Data
- We may create Anonymous and/or Aggregated Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous and Aggregated Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right, in our sole discretion, to use Anonymous and/or Aggregated Data for any purpose and to disclose Anonymous and/or Aggregated Data to third parties for any purpose.
- 5. SECURITY
- Our websites have certain security measures in place in effort to protect the loss, misuse, and alteration of the Personal Data under our control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your Personal Data, we cannot guarantee its absolute security.
- 6. OTHER WEBSITES AND APPLICATIONS
- The Services contain links to third party websites and applications. When you click on a link to any other website or location, you will leave the Site and go to another site and another entity may collect Personal Data, Anonymous Data, and/or Aggregated Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. We are not responsible for the privacy practices or the content of such websites or applications. You may wish to review the privacy policies of those websites and applications before use. The links to such websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
- 7. CORRECTING AND UPDATING INFORMATION; DELETING YOUR ACCOUNT
- We offer the ability to correct or update online the Personal Data collected during registration via your account settings on our website or the applicable application or by contacting support via our website
If you think it is necessary to delete your personal information, you can delete it by contacting uid 10 or by contacting customer on duty in room 10001. User data includes user personal data such as the user's real name, ID number, credit card, address, fixed telephone, mobile phone number, email or other identification information.
- 8. CHILDREN'S PRIVACY
- The Site is not directed to persons under 13. If you become aware that your child has provided us with Personal Data without your consent, please contact us via our website . We do not knowingly collect Personal Data from children under 13. If we become aware that a child under 13 has provided us with Personal Data, we take steps to remove such information and terminate the child's account.
Service Agreement
This agreement is between App,Inc. (“App”) and users of App’s products, services, and websites (“You”).
- 1. YOUR ACCEPTANCE
- a.By installing, using, or accessing App’s products, services, or websites (collectively the "Service") You signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) App's Privacy Policy, found at official website( hereinafter referred to as “website”) and incorporated herein by reference.
- b.Although App may attempt to notify You when major changes are made to the Terms of Service, You should periodically review the most up-to-date version at official website. App may, in its sole discretion, modify or revise the Terms of Service at any time, and You agree to be bound by such modifications or revisions.
- 2. COMMUNITY GUIDELINES
- You may be permanently banned from the Service if You do any of the following:
- a.Attack or demean individuals or groups,
- b.Engage in predatory behavior, stalking, harassment, or intimidation,
- c.Engage in offensive speech,
- d.Engage in bullying.
- You also may be banned if you take any other action that App determines is harmful to the Service or the use of the Service by others, or is in violation of applicable law.
- 3. App ACCOUNTS
- a.In order to access some features of the Service, You will have to create a App account. You may not use another user's account without permission. When creating your account, You must provide accurate and complete information. You are responsible for the activity that occurs on your account, and You must keep your account password secure. You must notify App immediately of any breach of security or unauthorized use of your account.
- b.App will not be liable for any losses to You caused by any unauthorized use of your account.
- 4. GENERAL USE OF THE SERVICE
- App grants You permission to access and use the Service as set forth in the Terms of Service, provided that:
- a.You agree not to alter or modify any part of the Service.
- b.You agree not to use the Service for any of the following commercial uses unless you obtain App's prior written approval:
- 1.the sale of access to the Service; or
- 2.the sale of advertising, sponsorships, or promotions placed on or within the Service, including any content shared on the Service.
- a.In your use of the Service, You will comply with all applicable laws.
- b.App reserves the right to discontinue any aspect of the Service at any time.
- 5. YOUR USE OF CONTENT
- In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of musical content (“Content”):
- a.Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to App, subject to copyright and other intellectual property rights under the law.
- b.You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under the Terms of Service. You shall not copy, distribute, broadcast, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of App or the respective licensors of the Content. App and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- c.You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- d.You understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against App with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless App, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- 6. YOUR CONTENT; LICENSE TO App
- a.As a App account holder, You may submit Content to the Service. You understand that App does not guarantee any confidentiality with respect to any Content you submit.
- b.You shall be solely responsible for your own Content and the consequences of submitting your Content on the Service. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Content You submit; and You license to App all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to the Terms of Service.
- c.You retain all of your ownership rights in your Content. However, by submitting Content to App, You hereby grant App a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, monetize, distribute, modify, prepare derivative works of, display, and perform the Content in connection with the Service and App's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to access your Content through the Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service and under the Terms of Service.
- d.Many of App’s products are interactive, and, as such, may be modified by other Users of the Service without Your prior approval. Such modifications may enhance or detract from your Content and You. You acknowledge and agree that other users of the Service may so modify your Content at any time following submission thereof and assume the risks related thereto./dd>
- e.You are free to remove your Content at any time. You understand and agree, however, that App may retain, but not display, distribute or perform, server copies of your Content that have been removed or deleted by You. Further, You understand and agree that any Content you have submitted, as thereafter modified by any other user of the Services, which has been previously downloaded by any other user or person will remain within the control of such user or person.
- d.You further agree that Content You submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant App all of the license rights granted herein.
- g.App expressly disclaims any and all liability in connection with Content. App does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and App will remove all Content if properly notified that such Content infringes on another's intellectual property rights. App reserves the right to remove Content without prior notice.
- 7. ACCOUNT TERMINATION POLICY
- a.App will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to have infringed the Terms of Service.
- b.App reserves the right to decide whether Content violates the Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. App may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of the Terms of Service.
- 8. VIRTUAL CURRENCY POLICY
- You may earn virtual currency within the Service. Earned virtual currency is credited to your customer account and App provides You a license to use such virtual currency. Accordingly, You have no ownership or other property interest in the virtual currency, and all rights in and to the virtual currency shall forever be owned by and enure to the benefit of App. You may only redeem virtual currency to purchase goods within the Service. Upon redemption of any virtual currency by You, the amount available in your virtual currency account is reduced by the amount redeemed. Virtual currency is not redeemable for cash, except as required by applicable law. Your customer account and any unused balances in that account may not be given or sold and are not assignable or transferable. Accordingly, You may not trade, give, sell or attempt to sell virtual currency or other product items for “real” money, or exchange those items or currency for value of any kind outside of the Service. Any gift, sale, transfer or assignment is prohibited and void and will subject a Your virtual currency account to termination. App reserves the right to suspend, terminate, or revoke the use of virtual currency or Your virtual currency account at any time in its discretion, with or without cause or prior notice, subject to applicable law. App also reserves the right to terminate the license to your account and all of the virtual currency in it if such account has been inactive for 180 days.
- 9.The exclusive rights
- You understand and agree that the Service and software used by the Service's (hereinafter referred to as "Software") contain proprietary and confidential information protected by applicable intellectual property and other laws. You also understand and agree that through the Service or advertisers is presented to you in sponsor advertisements or information contained in the content, they are also subject to legal protection of copyright, trademarks, service marks, patents or other proprietary rights. Song or advertisers without express authorization, you may not modify, rent, lease, sell, any part of the Service or distribute the software or all, or create derivative works, or use unauthorized software modified, including but not limited to, for the purpose of unauthorized use of the service. Carol only grants you a personal, non-transferable and non-exclusive right to use, but you can not (and do not allow any third party to) copy, modify, create a derivative work, reverse engineer, reverse compile, or otherwise found / use any source code, sell, assign, sublicense or provide a security software, or otherwise transfer any right in the software. You agree by singing provided by the interface, not any other way to use this service.
- 10.User behavior
- a. When applying to use App's Web Services, the User must provide accurate personal information and promptly update the information if any changes occur, and upon request from App, provide evidence to verify accuracy of the information given.
- b.The User shall not transfer or loan his account or password to others. The User shall immediately notify App if he discovers unlawful use of his account by others. App shall not bear any liability, in whatsoever forms, if hacking or user negligence results in the unlawful use by others of the User's account or password.
- c.The User agrees that App has the right to, when providing Web Services, place any type of commercial advertisement in any form or other types of commercial information (including, but not limited to, the placement of advertisements on any page of App website). The User also agrees to receive promotional or other relevant commercial information from App via email or other methods.
- d.By using and/or uploading any live stream content or other content through a App Web Services (including but not limited to forums, BBS, comments or personal microblogs) to publicly accessible areas of App website, the User grants to App and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
- e.the User of App Web Services must abide by the following,
- (1).The User shall comply with all applicable laws and regulations in the country where the User is located, and all rules and policies of App;
- (2).The User shall comply with all agreements, stipulations and procedures applicable to the Web Services;
- (3).The User shall not use the Web Services system for any unlawful purposes which is in violation of any prevailing laws, decency and public policy;
- (4).The User shall not, in any form, use App Web Services to infringe upon the commercial interests of App, including but not limited to the posting of commercial advertisements without the express permission of App;
- (5).The User shall not use App Web Services system to engage in behavior that may adversely impact the normal operation of the internet or cellular network;
- (6).The User shall not use Web Services provided by App to upload, display or distribute any false, harassing, harmful, violent, pornographic, abusive, threatening, vulgar or obscene messages or information, or any other type of negative, unlawful messages or otherwise objectionable information;
- (7).The User shall not infringe upon the patents, copyrights, trademarks, right to reputation or any other legal rights and interests of any third party;
- (8).The User shall not use App Web Services system to engage in any behavior detrimental to the interests of App;
- f.App is intended to build a brand new LIVE streaming platform based on social community in the world, where each user can share moments everywhere and any time in a much easier way. Users’ behaviors in App are trusted. Now, therefore, users’ responsibility for following rules is required. Rules that help users to steer clear of trouble are stated below. They include but not limited to behaviors allowed, shall be reported, and shall be removed in App.
- (1).Pornography or sexually explicit content are not allowed in App.
- (2).Violent or gory actions that cause any shocking, sensational or disrespectful are not allowed. Graphic contents shall provide enough information to show what’s going on. Activities of encouraging others to commit to specific acts of violence are prohibited.
- (3).App is a platform for free expression, but contents that promotes or condones violence against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics are not allowed in App.
- (4).App make efforts to protect the security of user information. Any suspected breach of security shall be investigated. Any attempt to compromise the security of a profile, including fraud, may be referred to law enforcement. Using misleading or inaccurate information to artificially get virtual currency is not prohibited. No contacting users for commercial purposes might be approved without their consent.
- g.App has the right to review and monitor the User's usage of App Web Services (including, but not limited to, review of content stored by the User on App website). If App, at its sole discretions, reasonably consider that the User violates any of the aforementioned stipulations when using the Web Services, App or its authorized agent has the right to request the User to rectify the situation or to directly take all necessary measures (including, but not limited to, modifying or deleting the content posted by the User, or suspension or termination of the User's rights to use the Web Services) to mitigate the impact of the User's improper conduct without requiring any approval from the User. In addition to the aforesaid provisions, if App discovers or reasonably suspects that any of the User's virtual currency or virtual item in the Web Services may have an illegitimate or inappropriate source, or is in an abnormal status, App is entitled to suspend the User's rights to use the Web Services to investigate such virtual currency or virtual item, without requiring any approval from the User.
- (1).App has sole and absolute discretion to suspend the User’s account or ban the same perpetually, withholding any virtual gifts that the User may obtain without just cause if the User is found by App to have committed any fraud activities or involved in any fraud activities in topping up the User’s account, or the User is found by App to have obtained virtual gifts through any abnormal topping-up, or simply the User’s account is found to have been abnormal with respect with money topping-up;
- (2).App has sole and absolute discretion to suspend the User’s account or ban the same perpetually, or withhold some amount of virtual gifts if App reasonably believes that some or all virtual gifts of the User are obtained without just cause.
- h.App shall not provide refund service or return of goods service to the User regard to the virtual products or value-added service that the User may purchase from App.
- i.Any disclaimers, notifications or cautions regarding the usage of particular App Web Services, which are issued through various methods (including, but not limited to, webpage announcements, emails and SMS reminders) shall be deemed to form part of this Agreement. Usage of such Web Services shall be deemed to be a confirmation of the User's acceptance of the content of such disclaimers, notifications and cautions.
- j.App will limit access to information about the User to employees who, App believes reasonably, need to make use of the aforesaid information to provide products or services to the User or simply in order to fulfill their jobs as may be required by App .
- k.Anything violation founded, please report it to App. App teams around the world are capable of verifying things reported by users, so as to make sure App stay safe. All users are welcome to contact App by using in-app feedback.
- 11. With advertisers and other third-party transactions
- You through this website with advertisers and other third parties in any form of correspondence or business dealings with, or participation in promotions, payment-related goods or services contained and delivery, and reach any other relevant terms, conditions, warranties or representations, complete your behavior among the advertisers and other third parties with. Any nature of your dealings or as the result of any of the foregoing and other third-party advertisers suffered loss or damage, song and assume no legal responsibility.
- 12. Subscriptions
- 12.1 Subscriptions
- You may purchase different subscription packages, in one-month packets. For all mobile subscriptions, payment will be charged to your iTunes account when you confirm your purchase. Your subscription will renew automatically unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. IThis is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your iTunes or Google account settings. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
- If you purchase a subscription packet with an introductory price, at renewal you will be charged with the original price which will be higher. If you have already used a free trial you can not use it again and you will be charged the full price.
- Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for Subscriptions at any time, as well as the features included in Subscriptions. We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value.
- 12.2 Cancellation of Subscriptions
- If you cancel your subscription, your subscription benefits will continue until the end of your then-current subscription term, but your subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the subscription fees paid for the then-current subscription term.
- 12.3 Term/Fees
- This Agreement shall remain in full force and effect while you use the mobile application and website and/or the Service. We may terminate your membership for any reason, at any time, without notice. If we terminate your Membership in the Service, you shall not be entitled to a refund of any unused portion of subscription fees, if any. Even after membership is terminated, this Agreement will remain in effect. Our Services' Terms of Service and/or subscription fees, if any, that were provided to you at registration is subject to change if needed. By using the Service and becoming a Member, you acknowledge that we reserve the right to charge for the Service and have the right to terminate a Member's Membership, should a Member breach this Agreement or fail to pay for the Service if necessary, as required by this Agreement. Standard usage charges for SMS, MMS, and other data charges may apply and may be billed on your wireless service bill or deducted from your prepaid balance.
- 13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
- If You are an intellectual property owner or agent thereof and believe that any Content on the Service infringes any rights that You own or represent, then You may submit a notification of claimed infringement and we will respond accordingly. Please see official website for further information on how to submit a notification of claimed infringement. The terms and conditions set forth at official website , including our Repeat Infringer Policy, are hereby incorporated into and made a part of these Terms of Service.
- 14. WARRANTY DISCLAIMER
- TYOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, App ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. App ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF App’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE. App DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND App WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- 15. LIMITATION OF LIABILITY
- IN NO EVENT SHALL App, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF App’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- YOU SPECIFICALLY ACKNOWLEDGE THAT App SHALL NOT BE LIABLE FOR CONTENT 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.
- The Service is controlled and offered by App from its facilities in Vietname. App makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- 16. INDEMNITY
- To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless App, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the Terms of Service and your use of the Service.
- 17. ABILITY TO ACCEPT TERMS OF SERVICE
- You affirm that you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service.
- 18. ASSIGNMENT
- The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by App without restriction.
- 19. GENERAL
- You agree that: (i) the Service shall be deemed solely based in Hokong; and (ii) the Service does not give rise to personal jurisdiction over App, either specific or general, in jurisdictions other than HongKong. The Terms of Service shall be governed by the laws of Vietname, without respect to its conflict of laws principles. Any claim or dispute between You and App that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any provision of the Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by App to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. App reserves the right to amend the Terms of Service at any time without notice. It is your responsibility to review the Terms of Service for any changes. Your use of the Service following any amendment of the Terms of Service will signify your assent to and acceptance of its revised terms. You and App Agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action accrues.Otherwise,Such cause of action is permanently barred.
- App Team