PLAYJOY PH TERMS OF SERVICE
Last Updated: 14,June 2024
1.Brief Introduction about this terms
Please review these Terms of Service ("Terms") thoroughly, as they govern your access to and use of our website (the "Site"), mobile applications, software products, content, updates ("Software Products"), and any other services linked to or referenced in these Terms (collectively, the "Services"). These Terms provide important information regarding your legal rights, remedies, and obligations. By accessing or using the Services, you agree to these Terms and form a legally binding contract with Playjoy Limited and its affiliates ("Company," "we," "us," or "our").
You acknowledge that you have read and understood our privacy policy ("Privacy Policy"), which is available on our official website. Please be aware that we may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to:
1.1 Address suspected illegal activities;
1.2 Enforce our Terms or Privacy Policy;
1.3 Comply with legal processes or government inquiries, such as subpoenas, court orders, or statutes; or
1.4 Protect our rights, reputation, property, or that of our users, affiliates, or the public.
If you do not agree to these Terms or are unwilling or unable to be bound by them, please refrain from accessing or using the Services.
2.Amendments
We may revise these Terms periodically. The latest version of the Terms will be accessible through our Software Products. You acknowledge and agree that your use of the Services is governed by the Terms in effect at the time of your access or usage. If we introduce substantial changes to these Terms, we will inform you via push notification and/or by posting a notice on the Site and the Software Products prior to the changes becoming effective. If applicable data protection laws necessitate providing enhanced notice or obtaining your consent for such changes, we will adhere to those requirements. The "last updated" date at the top of these Terms of Service indicates when they were last modified. All previous versions will be superseded by any updated Terms of Service.
3.When you are using our service
3.1.Qualification.
To utilize the Services, individuals must meet the minimum age requirement of 13 years old (or comply with the minimum age set by their country of residence). For users aged between the specified minimum and 18 years old (or the age of majority in their jurisdiction), it is mandatory for both the user and their parent or legal guardian to jointly review the Terms. Additionally, consent from the parent or legal guardian is required for usage. Parents bear responsibility for the actions of their children under 18 years old while using the Services. It is recommended by the Company that parents and legal guardians acquaint themselves with the parental control features available on devices provided to their children. The Services are not accessible to individuals under 13 years of age. Moreover, access to the Services is prohibited if the individual has previously been banned or if their Account has been closed by the Company.
3.2.Your Permission When Using the Services.
The Services are intended for your enjoyment and are meant for personal use only, unless otherwise specified within the Services. We grant you a personal, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your personal use, provided you comply with these Terms. Except as expressly stated herein, no other rights or licenses, whether express or implied, are granted to you regarding the Services. All rights, title, and interest in the Services, as well as any rights not explicitly granted to you by the Company or its licensors, remain with the Company or its licensors. Your use of the Services is at your own risk, including the possibility of encountering Content (as defined below) that may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Unless expressly allowed in the Terms, you are not permitted to modify (including creating derivative works), copy, adapt, reverse engineer, decompile, or otherwise transform into a human-readable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license, sublicense, publicly display, or sell any part of the Content of the Services without prior written consent from the Company or its licensors. This prohibition includes, but is not limited to, scraping user locations or using any non-public information about our Services or other users and transferring that data elsewhere.
The licenses granted to you are conditional upon your proper conduct and compliance with these Terms at all times, as determined solely by the Company. We reserve the right to suspend or deny your access to all or any part of the Services at our sole discretion.
You may not assign, transfer, or sublicense the Terms, or any rights or obligations under them, without our prior written consent. However, the Company may assign or transfer them without any restriction. Any attempt by you to assign these Terms without our consent will be considered a violation of these Terms and will be void.
3.3.Operation of Services.
The Company reserves the right to modify, update, interrupt, suspend, or discontinue the Services at any time without prior notice or liability.
3.4.Information on Your Accounts.
You are required to create a user account ("Account") and furnish certain personal details to access certain features provided by the Services. The decision to provide your personal information to the Company is voluntary. You acknowledge and accept that you have no ownership or proprietary interest in such Account.
Your Account is intended for personal, non-commercial use only. To create an Account, you must meet the eligibility requirements for the respective Service, be a resident of a country where the Services are permitted, possess a valid email address, and provide accurate and truthful information. You are prohibited from impersonating another individual, creating or using an Account on behalf of someone else, providing an email address that is not your own, or creating multiple Accounts. If you opt for a pseudonym, be aware that others may still be able to identify you based on, for instance, identifying information you provide during your use of the Services, using the same Account information on other platforms, or allowing other platforms to share information about you with us. Please refer to our Privacy Policy for further details.
Furthermore, to create an Account, the Company may require you to choose a username and password. You acknowledge your responsibility to ensure that the username you select does not infringe upon any third-party rights and is not unlawful in any other manner. The Company reserves the right, at its sole discretion, to refuse the granting of a username for any reason, including if the proposed username impersonates or misleadingly suggests an association with the identity of another individual or entity, is potentially illegal, is or may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion, among other reasons determined by the Company at its sole discretion. Your selection and usage of a specific username do not confer ownership or rights in that username, and the Company retains the right to revoke and/or reassign that username at its sole discretion. You acknowledge and agree that the Company may, at any time and for any reason, change, remove, alter, or delete any username, with or without prior notice to you, in its sole discretion.
You are solely responsible for maintaining the confidentiality of your username and password, as well as for all access to and usage of your Account, including any activities (such as use of virtual currency, service items, or services) conducted through the use of your username and password, whether authorized by you or not. Your Account may be suspended or terminated if unauthorized activity occurs using your Account in violation of these Terms.
You agree to promptly inform the Company 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 fulfilling a legal or regulatory obligation.
3.5.Information on Third-Party Account.
You may also register to access the Services by logging into your Account using certain third-party social networking sites, including but not limited to Apple ID, Facebook, and/or Google (each referred to as a "Third-Party Account"), via our Sites or Software Products. However, unless you add your email, address, or phone number and establish a password for such account, if a Third-Party Account or associated service becomes unavailable or the Company's access to such Third-Party Account is terminated by you or the third-party service provider, then you will no longer be able to log into any Services through that Third-Party Account.
3.6.Connect your Account to a Third-Party Account.
As part of the Services' functionality, you have the option to connect your Account with Third-Party Accounts by either:
3.6.1 providing your Third-Party Account login details to the Company through the Services; or
3.6.2 authorizing the Company to access your Third-Party Account, in accordance with the terms and conditions governing your use of such Third-Party Account. You confirm that you have the right to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for the purposes outlined herein), without violating any terms and conditions governing your use of the relevant Third-Party Account, and without obligating the Company to pay any fees or being subject to any usage restrictions imposed by such third-party service providers. By granting the Company access to any Third-Party Accounts, you understand that the Company will access, retrieve, and store (if applicable) any content you have provided to and stored in your Third-Party Account ("TPA Content"), making it accessible on and through the Services via your Account and your Account profile page. Unless specified otherwise in these Terms, all TPA Content, if any, will be considered Your Content for all purposes outlined in these Terms.
If you opt to link Third-Party Accounts with your Account, subject to the privacy settings you have chosen for such Third-Party Accounts, certain information provided by you to us through the linking of your Third-Party Accounts may be accessible on and through the Services via your Account and your Account profile page.
PLEASE BE AWARE THAT YOUR INTERACTIONS WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS ARE GOVERNED EXCLUSIVELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. The Company does not review any TPA Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and the Company bears no responsibility for any TPA Content.
3.7.Correspondence from the Company and Fellow Users.
By creating an Account, you consent to receiving specific communications related to the Services. This may include friend requests from other users as well as our email newsletters and promotional materials about our Services. You have the option to opt out of non-essential communications by clicking the "unsubscribe" button in the emails or in-site messages sent by us.
4.Everything about Content
The Services encompass various types of content, collectively referred to as "Content." This encompasses software, code, technology, text, forum posts, chat messages, profiles, widgets, messages, links, emails, music, sound, graphics, images, videos, and any other audiovisual or material present on or transmitted to or from the Services. Additionally, Content includes user-generated content ("UGC"), such as Account personas, forum posts, profile content, and any other content created or shared by users on the Services.
4.1.Content Liability.
You bear sole responsibility for any user-generated content (UGC) that you submit or transmit through or in connection with the Services ("Your Content"). Once Your Content is published, it may not always be retracted. You assume all associated risks with Your Content, including any reliance placed on its quality, accuracy, or reliability, as well as any disclosure of personally identifiable information contained therein. You affirm that you either own Your Content or possess the necessary permissions to use and authorize its use as outlined in Section 3.2 (Our Right to Use Your Content). You are prohibited from implying that Your Content is sponsored or endorsed by the Company.
Exposure to liability may occur if Your Content contains material that is false, intentionally misleading, or defamatory; infringes upon any third-party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights; includes unlawful material, such as hate speech or pornography; exploits or causes harm to minors; or violates, or promotes the violation of, any law or regulation.
4.2.Your content might be use by us.
You acknowledge and agree that by submitting or transmitting user-generated content (UGC) to, through, or in connection with the Services, you grant the Company (including our subsidiaries, affiliates, licensees, successors, assigns, and those acting on our behalf) an unrestricted, absolute, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, reproduce, copy, modify, publish, edit, translate, create derivative works from, in whole or in part, publicly display, publicly perform, or otherwise use Your Content, or any portion thereof, alone or in combination with other materials, including but not limited to text, data, images, photographs, illustrations, animation, graphics, video, or audio segments of any nature, in any of the Services or in advertising and promotional materials.
Please note that to the extent Your Content is accessible, visible, or usable by other users through the Services' functionality, you also grant all other users of the Services a royalty-free, perpetual, worldwide, irrevocable right and license to reproduce, copy, modify, publish, edit, translate, create derivative works from, in whole or in part, publicly display, publicly perform, or otherwise use Your Content, or any portion thereof, alone or in combination with other materials, in connection with their use of the Services.
You also irrevocably waive, and cause to be waived against the Company and other users of the Services, any claims and assertions of moral rights or attribution with respect to Your Content. The licenses granted in this subsection shall survive the termination of these Terms.
4.3.Information Available to the Public.
You recognize that your conversations, posts, and other interactions with other users of the Services or with the Company are public and visible to others.
4.4.Content's Ownership.
All content is either owned by the Company or the Company’s licensors, or licensed to the Company and the Company’s licensors as detailed in Section 4.2 ("Your Content might be used by us") above. You retain ownership of Your Content. The Company owns the Company Content, which includes visual interfaces, interactive features, graphics, design, our compilation of user-generated content (UGC) and other Services Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Services excluding the following content without mixing the Company's elements:Your Content, UGC itself, and Third-Party Content . The Company also owns the intellectual property rights, including copyrights, trademarks, service marks, trade names, and other IP Rights associated with the Company Content and the Services, protected by copyright, trade dress, patent, trademark laws, and other applicable intellectual and proprietary rights and laws.
Therefore, you may not modify, reproduce, distribute, create derivative works or adaptations, publicly display, or exploit any of the Company Content or the Services, in whole or in part, except as expressly authorized by the Company. Except as expressly provided herein, no express or implied rights are granted to you, and all rights in and to the Services and the Company Content are retained by the Company. "Company Content" refers to Content created and made available by the Company in connection with the Services. "Services Content" encompasses all Content made available in connection with the Services, including Your Content, other UGC, Third-Party Content, and Company Content. "Third-Party Content" denotes Content originating from parties other than the Company or users of the Services, made available in connection with the Services.
4.5.Marketing.
The Company and its licensors may display advertisements and other information publicly alongside or within Your Content. You are not entitled to any compensation for these advertisements. The method, format, and scope of such advertising may change without prior notice to you.
4.6.Right to Delete.
UGC (including any created by users employed or contracted by the Company) does not necessarily represent the views of the Company. We reserve the right to delete, screen, edit, or restore UGC, including Your Content, at our sole discretion, for any reason or without reason, and without prior notice to you. We may delete UGC if deemed necessary, including but not limited to cases where the content is deemed inappropriate, creates a conflict of interest, is promotional, irrelevant, violates another user's privacy, or has been plagiarized. We are not obligated to keep or provide copies of Your Content, and we do not guarantee confidentiality regarding Your Content.
5.Virtual Currency and Items In Services
5.1.About License.
You acknowledge that the Services may include a component of virtual credits or currency ("Virtual Currency"). The Virtual Currency may only be used within the Services to gain access to, and obtain certain limited rights to use, virtual items for use exclusively within the Services ("Service Items"). Regardless of the terminology used, Virtual Currency and Service Items represent a limited license right governed solely under these Terms, and are not redeemable for any sum of money or monetary value from the Company or any other person or entity at any time. Virtual Currency and Service Items provided by the Company include only a limited license right to use such Virtual Currency or Service Items. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use Virtual Currency and Service Items on and in the Services including in or for any applications or other services provided or offered on or through the Services and/or 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 EXCHANGE YOUR VIRTUAL CURRENCY OR SERVICE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, SERVICE ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.
5.2.About Fees.
We retain the right to impose fees for accessing or utilizing Virtual Currency or Service Items, and/or may distribute Virtual Currency or Service Items at no cost, at our sole discretion. You acknowledge and agree that we reserve the right to modify or take actions that affect the perceived value of, or pricing for, any Virtual Currency and/or Service Items at any time, except as otherwise mutually agreed upon in writing. Virtual Currency and Service Items may be subject to a specific validity period, as indicated for each Virtual Currency or Service Item. You acknowledge and agree that you may not utilize such Virtual Currency or Service Items after the expiration of their applicable validity period. There will be no validity period for any Virtual Currency and Service Items labeled as "permanent," "indefinite," "unlimited," or similar, provided that such Virtual Currency and Service Items may be removed from your Account or forfeited if your Account is terminated, suspended, or closed for any reason, or if we discontinue any or all of the Services.
5.3.Administration of Your Virtual Currency and Service Items.
All transactions involving the acquisition of Virtual Currency and Service Items are considered final and will not, under any circumstances, be eligible for refunds, transfers, or exchanges. By making purchases of Virtual Currency and Service Items, you acknowledge and affirm your desire for the immediate crediting of the Virtual Currency and/or Service Item to your Account. Furthermore, you understand that by proceeding with the purchase, you waive any cancellation rights afforded to you under applicable laws.
5.4.We retain complete authority to oversee, regulate, control, adjust, or remove Virtual Currency and/or Service Items at our discretion, and we bear no responsibility to you or any other individual for the execution of these rights.
For instance, if your Account is terminated, suspended, or closed for any reason, or if we discontinue any or all of the Services, including those offered through third-party platforms, Virtual Currency and Service Items may be lost, removed from your Account, or forfeited.
We maintain the sole discretion to conduct all calculations regarding the balance of Virtual Currency and Service Items in your Account. Additionally, we reserve the right, at our sole discretion, to determine the amount of Virtual Currency credited to and debited from your Account in relation to your usage of the Services. Although we aim to perform all calculations consistently and reasonably, you acknowledge and agree that our determination of the Virtual Currency and Service Items in your Account is conclusive, unless you can provide us with documentation demonstrating that such calculations were or are intentionally incorrect.
5.5.Unauthorized Transactions.
Any unauthorized transfer, trade, sale, or exchange of Virtual Currency, Service Items, or Accounts ("Unauthorized Transactions") with anyone, including other users of the Services, is strictly prohibited and not endorsed by us. Users engaging in such activities do so at their own risk and agree to indemnify the Company against any and all consequences arising from such actions. You acknowledge that the Company reserves the right to take action against Unauthorized Transactions, including stopping, suspending, terminating, discontinuing, or reversing them, if there is suspicion or evidence of fraud, violations of these Terms, violations of applicable laws or regulations, or intentional acts aimed at disrupting the normal operation of the Services.
Furthermore, you agree that the Company may, at its sole discretion, reverse any transaction if deemed necessary or in the Company’s best interest. This may include debiting your balance of Virtual Currency or Service Items, potentially resulting in a zero or negative balance. Engaging or assisting in Unauthorized Transactions may result in the termination, suspension, or modification of your Account.
Verification of certain transaction-related information may be required before the Company accepts such transactions involving Virtual Currency and/or Service Items. Additionally, as a condition of receiving certain Virtual Currency, Service Items, or other awards for participating 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 shall bear no liability for the use or loss of such information, Virtual Currency, and/or Service Items due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized third-party or user activity. The Company may replace lost Virtual Currency and/or Service Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability. You may be required to provide the Company or its designated representative with your credit card number or other billing information, and related information, to purchase Virtual Currency or Service Items. The Company may also offer you the option of participating in third-party offers to receive Virtual Currency and/or Service Items.
5.6.In-Services Purchasing.
You can purchase Virtual Currency and/or Service Items through the Services or any other designated billing and payment provider (such as Apple Pay, Google Wallet, Alipay, and PayPal) as specified on the Services. We will only provide products or services to you once the designated billing and payment provider has authorized the use of your credit card or other applicable payment method. If you opt for an alternate billing and payment provider, you will be subject to the terms and conditions of that third-party provider, which you can obtain directly from them. It may be necessary for you to create an account with the alternate provider and provide them with your bank account or credit/debit card details.
6.Strictly Forbidden
We are not obligated to enforce the Terms on your behalf against another user. Although we encourage you to inform us if you believe another user has violated the Terms, we reserve the right to investigate and take suitable action at our sole discretion.
6.1.Misuse of the Services.
You agree not to use the Services, and will not assist, encourage, or enable others to use the Services to:
6.1.1 Infringe upon any third party's rights, including but not limited to breaching confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
6.1.2 Upload any Content that is indecent, libelous, defamatory, obscene, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable;
6.1.3 Solicit personal information from minors or submit or transmit pornography;
6.1.4 Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
6.1.5 Engage in money laundering, gambling, betting, or any similar activity where prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, regardless of whether or not there is a fee or stake involved;
6.1.6 Use cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service, directly or indirectly;
6.1.7 Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by the Company;
6.1.8 Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or the search results of any third-party website; or
6.1.9 Violate any applicable law.
6.2.Additional Restrictions.
You also pledge not to, and will refrain from aiding, encouraging, or facilitating others to:
6.2.1 Violate the Terms;
6.2.2 Alter, adjust, appropriate, replicate, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or exploit the Services or Services Content (other than Your Content), except as explicitly permitted by us;
6.2.3 Utilize any form of automation, such as robots, spiders, or similar tools, to access, retrieve, scrape, or index any part of the Services or any Services Content;
6.2.4 Attempt to decipher or analyze any part of the Services;
6.2.5 Erase or modify any copyright, trademark, or other proprietary notices displayed on the Services or on any materials derived from the Services;
6.2.6 Gather, process, or extract data about other users;
6.2.7 Enter the Services through means other than those provided by us;
6.2.8 Rearrange or encapsulate any part of the Services;
6.2.9 Overload our technology infrastructure or place excessive demands on the Services, as determined solely by the Company;
6.2.10 Seek unauthorized access to the Services, user Accounts, computer systems, or networks connected to the Services through unauthorized means;
6.2.11 Transmit any malicious software or code intended to disrupt or damage the functionality of the Services;
6.2.12 Employ any method or tool that disrupts the normal operation of the Services;
6.2.13 Breach the security of any computer network or interfere with the security or integrity of the Services or Services Content; or
6.2.14 Circumvent or tamper with any security features of the Services, or features that regulate the use or copying of Services Content.
These prohibitions are applicable within the constraints of applicable law. However, you undertake not to contravene these prohibitions (even if permissible under applicable law). Additionally, the Company retains the authority to determine what actions constitute a violation of these Terms or deviate from the intended purpose or spirit of the Services. Consequently, the Company retains the right to take appropriate action, including the termination of your Account and the prohibition of your use of the Services, either wholly or partially.
7.Policies about Usage and Transaction
7.1 Enviorment
The Company is not accountable for providing the essential equipment and internet connection required to access and utilize the Services, nor for any associated costs incurred thereof.
7.2 Charges Responsibility
The Company is not liable for covering any fees resulting from the utilization of devices or services to access the Services, encompassing charges for mobile phones, tablets, Internet service providers, car navigation systems, and other devices, regardless of their connectivity method.
7.3 Transaction Responsibility
The Company holds no responsibility for charges or fees imposed by third-party payment processors, credit card companies, or banks in relation to your transactions on the Services or third-party platforms. Such transactions are managed by third-party payment processors, and any recourse must be sought through them. Your agreement to use the Services implies acceptance of the treatment of your credit card information as outlined in our Privacy Policy and the privacy policy of any third-party payment processors. You are accountable for the accuracy and completeness of all payment-related information provided to us or our designated payment processors and for the payment of any applicable charges and taxes.
7.4. Children Responsibility
Our Services are not intended for individuals under the age of 13 or those who haven't reached the legal age of adulthood in their jurisdiction. Although certain features may be available for purchase, we do not entertain returns or issue refunds for any Virtual Currency or Service Items, regardless of whether they were purchased by minors using your payment method.
7.5.Purchase Errors Responsibility
We do not assume responsibility for errors made during purchases, such as selecting the wrong product, entering incorrect promotion codes, or unintentional purchases. We do not entertain returns or issue refunds for software downloads, Virtual Currency, or Service Items. You are accountable for ensuring the compatibility of your device, platform, and carrier with purchased products or services, as well as reviewing system requirements before making any purchases. Additionally, you are responsible for acquiring and maintaining all necessary hardware, software, and equipment for accessing and using the Services, along with any associated charges.
8.Policy Regarding Alleged Copyright Infringement
We are committed to upholding the rightful intellectual property of copyright owners and will promptly address any clear notices of alleged copyright infringement. Please understand that we maintain a policy to terminate the accounts of users who repeatedly engage in copyright infringement.
8.1 If you believe that your copyrighted work has been used in a manner that constitutes copyright infringement, please provide us with the following details:
8.1.1 Identification of the person authorized to act on behalf of the copyright owner, along with their electronic or physical signature.
8.1.2 Description of the copyrighted work claimed to have been infringed.
8.1.3 Detailed description of the location of the allegedly infringing material on our service, preferably with URLs provided in the body of an email for expedited review.
8.1.4 Your contact information, including address, telephone number, and email address.
8.1.5 Statement confirming your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
8.1.6 Statement, made under penalty of perjury, that the information provided in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
8.2 If you believe that the material removed from our service was done so in error and that you have the right to post it, you may send us a counter-notification. For the counter-notification to be effective, it should include the following:
8.2.1 Your physical or electronic signature.
8.2.2 Identification of the removed material and its previous location, along with URLs if possible.
8.2.3 Statement, under penalty of perjury, that you believe the material was removed or disabled due to a mistake or misidentification.
8.2.4 Your name, address, and telephone number, along with a statement consenting to the jurisdiction where we operate and accepting service of process from the notifier or their agent.
Please be aware that knowingly misrepresenting material as infringing or as removed or disabled in error may result in legal liability. Additionally, repeated infringement of intellectual property rights may lead to the termination of your account and access to our services.
9.Feedback and Enhancements
9.1 By providing us with any ideas, suggestions, documents, or proposals ("Feedback"), you acknowledge and agree that
9.1.1 Your Feedback does not contain confidential or proprietary information belonging to third parties,
9.1.2 we are not obligated to maintain the confidentiality of the Feedback, whether explicitly or implicitly,
9.1.3 we may already have similar ideas or projects under consideration or in progress, and
9.1.4 you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works of, publish, distribute, and sublicense the Feedback. Additionally, you waive any moral rights you may have regarding the Feedback against the Company and our users.
10.External References and Services
The Services might contain links to external websites or applications (referred to as "Linked Third Party Sites"). These links are provided as a convenience by our vendors to users of our Services. We have no control over the Linked Third Party Sites, including their content, products, services, or how they handle your data or personal information. We do not endorse or guarantee the accuracy, reliability, or legality of any content, products, or services provided by Linked Third Party Sites, and we are not responsible for any claims or issues arising from your use of Linked Third Party Sites. Additionally, we are not responsible for the privacy practices or business conduct of Linked Third Party Sites. If you choose to access any Linked Third Party Sites, you do so at your own risk. We reserve the right to remove any link to a Linked Third Party Site at any time.
11.Indemnification
11.1 You are responsible for protecting and defending the Company and its affiliated entities, including their officers, directors, employees, and representatives, from any claims or demands made by third parties. This includes covering any costs, liabilities, or legal fees incurred as a result of:
11.1.1 your use of the Services,
11.1.2 any violations of the Terms by you,
11.1.3 purchases made by you through the Services, or
11.1.4 any infringement of intellectual property rights by you or any third party using your account.
The Company may take over the defense of any such claims at your expense and with your cooperation. You cannot settle any claims without the Company's written consent. The Company will inform you of any claims or legal proceedings as soon as they become aware of them.
12.Absolving from Responsibilities and Constraining Liability
Please carefully review this section as it outlines the limitations of the Company's liability to you. Each subsection below is applicable only to the maximum extent permitted by applicable law. This does not intend to restrict any rights you may have which cannot lawfully be limited. If you are uncertain about this or any other section of these terms, it is advisable to seek advice from a legal professional before accessing or using the Services. By accessing or using the Services, you confirm that you have read, understood, and agreed to these terms, including this section 11. Agreeing to these terms implies that you are waiving significant legal rights.
12.1.ALL WARRANTIES OF THE SERVICES DISCLAIMED.
THE SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITH THE UNDERSTANDING THAT THE COMPANY MAY NOT SUPERVISE, CONTROL, OR EVALUATE UGC OR THIRD-PARTY CONTENT. YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR GUARANTEES REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES, NOR DOES IT ENSURE THE SAFETY OR SECURITY OF THE SERVICES OR THE SERVICES CONTENT. THEREFORE, THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT MAY RESULT, SUCH AS THE SERVICES' INOPERABILITY, UNAVAILABILITY, OR SECURITY ISSUES, OR IF YOU RELY ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES CONTENT.
12.2.DISCLAIMER REGARDING CONFIDENTIALITY OR PRIVACY.
THE COMPANY DOES NOT ENSURE THE CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE SERVICES OR ANY LINKED THIRD PARTY WEBSITE. THE COMPANY DISCLAIMS LIABILITY 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 BY THE SERVICES, OR OTHERWISE ASSOCIATED WITH YOUR USE OF THE SERVICES.
12.3.OTHER SERVICE PROVIDERS.
THE COMPANY DISCLAIMS ANY RESPONSIBILITY OR GUARANTEE REGARDING THE PERFORMANCE OF THIRD PARTY SERVICES ACCESSED THROUGH OUR SERVICES. THUS, THE COMPANY IS NOT RESPONSIBLE FOR ANY HARM OR LOSS RESULTING FROM THE ACTIONS OR INACTIONS OF SUCH THIRD PARTY SERVICES. THIS INCLUDES INSTANCES WHERE A THIRD PARTY SERVICE MISHANDLES YOUR DATA, IDENTITY, OR PERSONAL INFORMATION. THE DECISION TO ENGAGE WITH OR UTILIZE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH OUR SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. YOU MAY READING THE FOLLOWING INFORMATION TO LEARN ABOUT THE TERMS OF SERVICES OF OTHER SERVICE PROVIDERS.
12.3.1 Bugly SDK
You might read the terms of service of Bugly SDK by visiting the following link:
https://bugly.qq.com/v2/contract
12.3.2 Umeng+ SDK
You might read the terms of service of Umeng+ SDK by visiting the following link:
12.3.3 Firebase SDK
You might read the terms of service of Firebase SDK by visiting the following link:
https://firebase.google.com/terms
12.3.4 Facebook SDK
You might read the terms of service of Facebook SDK by visiting the following link:
https://developers.facebook.com/terms/dfc_platform_terms/
12.3.5 OneSignal SDK
You might read the terms of service of OneSignal SDK by visiting the following link:
12.3.6 TalkingData SDK
You might read the terms of service of Talking SDK by visiting the following link:
https://www.talkingdata.com/terms.jsp?languagetype=en_us
12.3.7 Topon SDK
You might read the terms of service of Topon SDK by visiting the following link:
https://www.toponad.com/en/terms
12.3.8 Adjust SDK
You might read the terms of service of Adjust SDK by visiting the following link:
https://www.adjust.com/terms/general-terms-and-conditions/
12.3.9 LiveChat SDK
You might read the terms of service of Livechat SDK by visiting the following link:
https://www.livechat.com/legal/
12.4.WARRANTY DISCLAIMERS.
THE COMPANY DOES NOT MAKE ANY GUARANTEES, WHETHER EXPLICIT OR IMPLICIT, REGARDING THE PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES. THIS INCLUDES DISCLAIMING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, ANY INFORMATION OR ADVICE PROVIDED TO YOU BY A COMPANY REPRESENTATIVE, WHETHER ORAL OR WRITTEN, DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY.
12.5.REMEDIES FOR USER.
YOUR ONLY OPTION IF YOU'RE UNHAPPY WITH THE SERVICES, THIRD PARTY SERVICES PROVIDED THROUGH THE SERVICES, OR HAVE ANY COMPLAINTS IS TO STOP USING THE SERVICES AND TERMINATE YOUR ACCESS TO THEM.
13. RISKY ACTIVITIES
WE DO NOT SUGGEST USING THE SERVICES DURING ACTIVITIES THAT POSE A SIGNIFICANT RISK OF INJURY OR ACCIDENT, SUCH AS DRIVING. BY USING OUR SERVICES, YOU AGREE NOT TO USE THEM DURING SUCH ACTIVITIES, RECOGNIZING THAT DOING SO WOULD VIOLATE THESE TERMS. ADDITIONALLY, YOU ACKNOWLEDGE AND ACCEPT THAT USING THE SERVICES IN SUCH SITUATIONS IS SOLELY AT YOUR OWN RISK, AND WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM SUCH USE.
14.Jurisdiction and Conflict Resolution
The terms outlined herein and any relationship established between you and the Company will be subject to the laws of HongKong. Should any disagreement arise regarding these terms or services, either party may instigate resolution procedures as detailed in this section by providing written notice of the dispute ("Dispute Notice") to the other party. Subsequent to the issuance of a Dispute Notice, both parties will make efforts to settle the dispute through sincere negotiations. These negotiations will be conducted confidentially and without prejudice to either party's future rights. If the dispute cannot be resolved amicably within thirty (30) calendar days of the Dispute Notice being issued, either party may opt to have the dispute finally settled through arbitration. Arbitration proceedings will be carried out in accordance with the rules of the Hong Kong International Arbitration Centre("HKIAC"), with the language of English, and the location of arbitration shall be HKIAC. Once a dispute is submitted for arbitration, it will be conclusively and solely settled through binding arbitration unless the parties agree otherwise.
15.The geographical area where you access the Services
Our base of operations for the Services is located in Hong Kong. Accessing the Services from any region where the Content is unlawful is not allowed. Simply viewing the Services does not mean that the Company is subject to the jurisdiction of your location.
16.About the procedure of Suspension, Termination or Cancellation
16.1.Your Rights to Terminate.
You hold the authority to conclude these Terms by ceasing the utilization of the Services, closing your Account, and removing the Software Products from your device. You possess the privilege to annul your Account whenever you choose.
16.2.Company Rights to Terminate.
We hold the authority to suspend, cancel, or terminate your Account, restrict or suspend your access to Virtual Currency, limit your usage of specific parts of the Services, or even ban you from the Services without any obligation to provide notice or explanation. This action may be taken for any reason or without any reason, and we bear no liability whatsoever. Causes for such suspension, cancellation, or termination may include, but are not limited to, if we have a genuine belief that (a) you or a related individual have engaged in any prohibited activities as outlined in Section 5 (Restrictions) or have otherwise breached or potentially breached these Terms, or (b) your Account and utilization of the Services have remained inactive for over twenty-four (24) months. In the event of a violation of these Terms and subsequent revocation of granted licenses, you will forfeit all privileges associated with the Services, including, but not limited to, your ability to utilize Virtual Currency and Services Items. We are not obligated to compensate you for any losses incurred as a result.
Additionally, we reserve the right to discontinue the availability of any or all of the Services, Virtual Currency, and/or Services Items at any time, temporarily or permanently, without any liability, compensation, refunds, or other restitution to you. Your authorization to access the Services, Virtual Currency, and/or Services Items automatically terminates if we revoke access to such services, virtual currency, and/or items. Such actions could restrict your access to your Account, the Services, Your Content, Services Content, or any associated information.
16.3.Remain Effective.
Should these Terms be terminated, whether initiated by you or the Company, certain Sections will remain fully effective: Section 4 (Everything about Content), which includes the Company's right to utilize Your Content, Section 6 (Strictly Forbidden), Section 7 (Policies about Usage and Transaction), Section 10 (External References and Services), Section 11 (Indemnification), Section 12 (Absolving from Responsibilities and Constraining Liability), Section 14 (Jurisdiction and Conflict Resolution), Section 16 (About the procedure of Suspension, Termination or Cancellation), and Section 17 (Others).
17.Others
17.1.No Rights To Third Parties.
This text is not meant to grant any entitlements or solutions to any third parties.
17.2.Understanding reached between you and the Company.
The understanding presented in these Terms encompasses all agreements between you and the Company concerning the utilization of the Services, replacing any previous arrangements on the same matter. Both parties recognize that no trust is vested in any statements made outside of these Terms.
17.3.Forfeit.
The Company's choice not to act on or enforce any right or provision in the Terms doesn't mean that the Company gives up that right or provision. If either party doesn't exercise a right provided in these Terms, it doesn't mean they give up any other rights in these Terms either.
17.4.Remain Enforceable.
If any part of the Terms is deemed unenforceable or invalid, adjustments will be made to uphold the parties' original intent, or the provision will be removed to the smallest degree required, ensuring the continued full force and effect of the Terms, which remain enforceable.
17.5.Titles.
The titles in the Terms are for convenience only and have no legal or contractual effect.
17.6.Report.
If you have concerns about these Terms, inquiries, or require aid, kindly reach out to our customer support or email our DPO at help@inspirehk.net .