The following terms and conditions which include our Acceptable Use Policy (collectively, these [Terms of Use]) are a binding legal agreement between you and Hongkong CyberJoy Technology Limited, its subsidiaries and affiliated companies ([Hongkong CyberJoy Technology Limited] or "we") that govern your use of:
(i) and (ii) collectively, the [Service]. The Service is strictly for consumers and not for use by users under 18 years of age.
Please also review our Privacy Policy at our Privacy Policy which tells you how we use your personal.
We recommend that you print a copy of these Terms of Use for future reference.
Please carefully read these Terms of Use, which affect your legal rights and obligations. These Terms of Use tell you who we are, how we will provide you the Service, how you and we may change or end this contract, what to do if there is a problem and other important information.
By registering for a user account which enables you to use the Service and/or by posting online content ("Account") or otherwise using the Service, you represent that (1) you are age 17 or older (18 or older in the European Union/European Economic Area), (2) you fully understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agreed to these Terms of Use.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Hongkong CyberJoy Technology Limited reserves all rights to change or modify these Terms of Use at any time at its sole discretion. Any such change or modification will be effective immediately upon posting on the Site or mobile application, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. Every time you wish to use our Service, please check the Terms of Use to ensure you understand what terms apply at that time. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT Hongkong CyberJoy Technology Limited SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.
Except as may be expressly specified otherwise by Hongkong CyberJoy Technology Limited with respect to paid portions of the Service, Hongkong CyberJoy Technology Limited reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, to reflect changes to our products, our users' needs and/or our business priorities, without notice and liability.
Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third-party agreements ([Third Party Agreements]), such as agreements governing your download of or access to applications that are part of the Service by means of a third-party website or source (e.g. Google; Apple). In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to Hongkong CyberJoy Technology Limited or any aspect of the Service, these Terms of Use will control.
Upon registering an Account with us you also may be required to provide information about yourself in order to use the Service. You agree to:
Each user of the Service is allowed a maximum of one Account per electronic device embedding a mobile operating system ("Device"). You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided herein. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify Hongkong CyberJoy Technology Limited of any unauthorized use of your password or Account or any other breach of security.
Right to Use: Subject to your complete and ongoing compliance with these Terms of Use, Hongkong CyberJoy Technology Limited hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and display, solely for your personal, non-commercial use, solely on a single Device:
Subscriptions: You may be required to make payments to access certain portions of the Service that are provided as subscriptions. You are responsible for all such payments and related payment obligations under these Terms of Use. All such payments from you are subject to these Terms of Use and conditions of the relevant payment service. Hongkong CyberJoy Technology Limited bears no responsibility for any transactions processed by, or any payments made to, a third party. You acknowledge that pricing and availability of subscriptions provided by Hongkong CyberJoy Technology Limited in connection with the Service are subject to change at any time.
Hongkong CyberJoy Technology Limited may from time to time make available payment methods to you for automatic, recurring or subscription-based charges. Where Hongkong CyberJoy Technology Limited does so, you agree that (subject to applicable laws and regulations):
You agree that any payments you make to Hongkong CyberJoy Technology Limited in relation to your subscriptions are final and non-refundable, except where specified under these Terms of Use. OTHERWISE, IN NO CIRCUMSTANCES Hongkong CyberJoy Technology Limited WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION with the Service (WHETHER USED OR UNUSED).
If you believe that Hongkong CyberJoy Technology Limited has charged you in error, and subject to applicable laws and regulations, please contact Hongkong CyberJoy Technology Limited at [email protected] within 30 days of the date of the relevant charge and no refunds will be given for any erroneous charges after such 30 days period.
Payment processing services are provided by third-party services through which a purchase is made. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location.
Transferring your Account: When using our mobile application, you may transfer your Account or portions of the Service from one Device to another only as expressly authorized and enabled by Hongkong CyberJoy Technology Limited through the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the Account being transferred.
You agree not to, and not to attempt to,
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hongkong CyberJoy Technology Limited or its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of this Section E, Hongkong CyberJoy Technology Limited reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with these terms and conditions, including without limitation by charging fees for such license.
Service Materials: Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, Hongkong CyberJoy Technology Limited and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials.
[Service Materials] means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the [look and feel] of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by Hongkong CyberJoy Technology Limited and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Hongkong CyberJoy Technology Limited and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).
Hongkong CyberJoy Technology Limited Marks: The term Hongkong CyberJoy Technology Limited, the Hongkong CyberJoy Technology Limited logo and other Hongkong CyberJoy Technology Limited logos and product and service names are trademarks and service marks of, and are owned by, Hongkong CyberJoy Technology Limited (the [Hongkong CyberJoy Technology Limited Marks]). Except as expressly set forth herein, you may not use or display such trademarks in any manner without Hongkong CyberJoy Technology Limiteds prior written permission. All third-party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any Hongkong CyberJoy Technology Limited trademarks or service marks as [metatags] on other websites is prohibited.
You may not use the Hongkong CyberJoy Technology Limited Marks to disparage Hongkong CyberJoy Technology Limited and its services. You may not use the same in any manner that may damage any goodwill in the Hongkong CyberJoy Technology Limited Marks. All goodwill generated from the use of the Hongkong CyberJoy Technology Limited Marks will inure solely to Hongkong CyberJoy Technology Limiteds benefit.
Feedback: If you provide Hongkong CyberJoy Technology Limited with comments, suggestions or feedback about, or in connection with, the Service (collectively, [Feedback]), you agree that such Feedback shall be the exclusive property of Hongkong CyberJoy Technology Limited, and you hereby assign all rights, title and interest in and to such Feedback to Hongkong CyberJoy Technology Limited. You agree that unless otherwise prohibited by law, Hongkong CyberJoy Technology Limited may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Hongkong CyberJoy Technology Limited and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, [User Content]). Hongkong CyberJoy Technology Limited may but has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Hongkong CyberJoy Technology Limited reserves the right to but has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Hongkong CyberJoy Technology Limited makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Hongkong CyberJoy Technology Limited be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, Hongkong CyberJoy Technology Limited reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Use, or for no reason, at any time. You may report User Content that you believe violates these Terms of Use, or other inappropriate user behavior to Hongkong CyberJoy Technology Limiteds attention by clicking on the "report" button next to the comment box or by contacting us through [email protected].
User Content that you make available in connection with the Service is referred to herein as [Your Content.] You agree that Your Content is not confidential. You further agree that on termination of your Account, we may delete Your Content and will not be returning Your Content to you in a consolidated format.
You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without Hongkong CyberJoy Technology Limited incurring any third-party obligations or liability arising out of its exercise of such rights and licenses.
Hongkong CyberJoy Technology Limited does not claim any ownership rights in Your Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.
For purposes of displaying your content for reading purposes on the App, you hereby grant to Hongkong CyberJoy Technology Limited a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to Hongkong CyberJoy Technology Limited the right to sublicense and authorize others to exercise any of the rights granted to Hongkong CyberJoy Technology Limited under these Terms of Use. Subject to termination and deletion of your account, you further perpetually and irrevocably grant Hongkong CyberJoy Technology Limited the unconditional right to use and exploit your account name, persona and likeness (as described in the Privacy Policy) included in any User Content and in connection with any User Content, without any obligation to you. Please review our Privacy Policy to make sure that you understand how we will process your personal data. To the extent permitted by law, you waive, and/or agree not to assert, any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.
Hongkong CyberJoy Technology Limited has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
Except for User Content, the content that Hongkong CyberJoy Technology Limited provides in connection with the Service may be protected by copyright or other intellectual property rights, and owned by Hongkong CyberJoy Technology Limited or third parties. You obtain no copyright or other interest in connection with your use of the Service.
You are expressly prohibited from engaging in monetization or profiting from your use of the Service. Hongkong CyberJoy Technology Limited hereby reserves all rights not expressly granted to you in these Terms of Use.
Hongkong CyberJoy Technology Limited respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
Hongkong CyberJoy Technology Limiteds intellectual property policy is to remove or disable access to material that Hongkong CyberJoy Technology Limited believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service.
Hongkong CyberJoy Technology Limited has discretion to terminate the Account of any user after receipt of a single notification of claimed infringement or upon Hongkong CyberJoy Technology Limiteds own determination.
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Copyright Agent identified below. Your Notification of Claimed Infringement may be shared by Hongkong CyberJoy Technology Limited with the user alleged to have infringed a right you own or control, and you hereby consent to Hongkong CyberJoy Technology Limited making such disclosure. Your communication must include substantially the following:
You should consult with your own lawyer and/or see 17 U.S.C. ?512 to confirm your obligations to provide a valid notice of claimed infringement.
Hongkong CyberJoy Technology Limiteds Copyright Agent (DMCA designated agent) for receipt of Notifications of Claimed Infringement can be contacted at:
Via email: [email protected]
Regarding counter notification, if you receive a notification from Hongkong CyberJoy Technology Limited that material made available by you on or through the Service has been the subject of a notification of claimed infringement, then you will have the right to provide Hongkong CyberJoy Technology Limited with what is called a [counter notification.] To be effective, a Counter Notification must be in writing, provided to Hongkong CyberJoy Technology Limiteds Copyright Agent through one of the methods identified above and include substantially the following information:
A party submitting a counter notification should consult a lawyer or see 17 U.S.C. ?512 to confirm the partys obligations to provide a valid counter notification under the Copyright Act.
If you submit a counter notification to Hongkong CyberJoy Technology Limited in response to a notification of claimed infringement, then Hongkong CyberJoy Technology Limited will promptly provide the person who provided the notification of claimed infringement with a copy of your counter notification and inform that person that Hongkong CyberJoy Technology Limited will replace the removed User Content or feedback or cease disabling access to it in 10 business days, and Hongkong CyberJoy Technology Limited will replace the removed User Content or feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless Hongkong CyberJoy Technology Limiteds Copyright Agent receives notice from the party that submitted the notification of claimed infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Hongkong CyberJoy Technology Limiteds system or network.
The U.S. Copyright Act (17 U.S.C. ?512(f)) provides that:
Any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. ?512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys fees, incurred by the alleged infringer, by any copyright owner or copyright owners authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Hongkong CyberJoy Technology Limited reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law (17 U.S.C. ?512(f)).
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules of use set forth in this Section and in our Acceptable Use Policy which forms part of these Terms of Use as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.
The Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.
You are responsible for configuring your information technology, computer programs and platform to access the Service and you should use your own virus protection software.
You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Service, the Site or mobile application on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, [Virtual Currency]). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, [Virtual Goods]).
Hongkong CyberJoy Technology Limited reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods as it sees fit, and Hongkong CyberJoy Technology Limited shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service's Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Hongkong CyberJoy Technology Limited. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.
You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Hongkong CyberJoy Technology Limited, any other user of the Service or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and, except as determined by Hongkong CyberJoy Technology Limited in its sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon Hongkong CyberJoy Technology Limiteds discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency and Virtual Goods will be forfeited by you, and Hongkong CyberJoy Technology Limited will have no liability to you in connection therewith.
Subject to these Terms of Use, Hongkong CyberJoy Technology Limited agrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as Hongkong CyberJoy Technology Limited may authorize in writing, for non-commercial purposes only and only on your personal website or on a third-party website that permits posting of such content at the direction of users, provided that such third-party website
The foregoing license is expressly conditioned on your accompanying each such posting with both
Hongkong CyberJoy Technology Limited agrees to grant you a non-exclusive, limited license, revocable at Hongkong CyberJoy Technology Limiteds discretion, for you to link to Hongkong CyberJoy Technology Limiteds home page from any Authorized Website. You may not display the Service or any portion thereof in frames or [in-line links] without express written permission from Hongkong CyberJoy Technology Limited.
Your privacy matters to us. We will only use your personal information as set out. Please review our Privacy Policy to make sure that you understand our practices.
These Terms of Use will remain effective until terminated by either party.
You may terminate these Terms of Use at any time and for any reason by
Hongkong CyberJoy Technology Limited may terminate these Terms of Use, your Account and your access to the Service (or, at Hongkong CyberJoy Technology Limiteds sole option, applicable portions of the Service) at any time and for any reason. Hongkong CyberJoy Technology Limited may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that Hongkong CyberJoy Technology Limited is not required to provide you with any such notice or warning prior to any such termination under this Section.
if your Account has been inactive for one year or more, Hongkong CyberJoy Technology Limited may deactivate or terminate your Account at its sole discretion. You further agree that on such deactivation or termination of your Account, Hongkong CyberJoy Technology Limited may delete Your Content and information, and will not be returning Your Content to you in any way. Hongkong CyberJoy Technology Limited will not be responsible for any damages or consequences incurred by you in connection with Your Content or information that is deleted. It is solely your responsibility to save any of your Content. Hongkong CyberJoy Technology Limited considers several factors to understand whether you are still accessing your Account. These factors include your last access date.
In addition, Hongkong CyberJoy Technology Limited may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Hongkong CyberJoy Technology Limited suspects or determines that you may have
You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, Virtual Currency and Virtual Goods, as applicable.
You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or Hongkong CyberJoy Technology Limited, you will not be entitled to and Hongkong CyberJoy Technology Limited will not be liable to you or any third party for any refund, reimbursement or other liability. If Hongkong CyberJoy Technology Limited terminates your Account, you may not participate in the Service or any other Hongkong CyberJoy Technology Limited service without Hongkong CyberJoy Technology Limiteds express written permission. To request permission for post-termination participation in a Hongkong CyberJoy Technology Limited service, submit a request through [email protected]. Hongkong CyberJoy Technology Limited reserves the right to refuse to provide Accounts for, and provide Hongkong CyberJoy Technology Limited the Service to, any individual. You shall not allow individuals whose Accounts have been terminated by Hongkong CyberJoy Technology Limited to use your Account.
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Hongkong CyberJoy Technology Limited hereby disclaims any and all liability to you or any third party relating to your use of the Service.
You will cooperate fully with Hongkong CyberJoy Technology Limited to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Hongkong CyberJoy Technology Limited access to any password-protected portions of your Account. Hongkong CyberJoy Technology Limited reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN [AS IS] AND [AS AVAILABLE] BASIS AND WITHOUT WARRANTY OF ANY KIND.
THE Hongkong CyberJoy Technology Limited PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMISSIBLE BY LAW, THE Hongkong CyberJoy Technology Limited PARTIES MAKE NO WARRANTY THAT
THE [Hongkong CyberJoy Technology Limited PARTIES] ARE COMPRISED OF Hongkong CyberJoy Technology Limited AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.
UNDER NO CIRCUMSTANCES SHALL THE Hongkong CyberJoy Technology Limited PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Hongkong CyberJoy Technology Limited PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
IN NO EVENT WILL THE Hongkong CyberJoy Technology Limited PARTIES AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $50 USD OR THE AMOUNT YOU PAID Hongkong CyberJoy Technology Limited IF ANY, IN THE 12 MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Hongkong CyberJoy Technology Limited or any other Hongkong CyberJoy Technology Limited Party may not, as a matter of applicable law, disclaim any warranty, limit or exclude its liability or the scope and duration of such warranty as set forth in these Terms of Service, Hongkong CyberJoy Technology Limiteds and such Hongkong CyberJoy Technology Limited Partys liability shall be the minimum permitted under such applicable law.
The Service may contain links to third-party websites or resources. You acknowledge and agree that Hongkong CyberJoy Technology Limited is not responsible or liable for
Links to such websites or resources do not imply any endorsement by Hongkong CyberJoy Technology Limited of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Hongkong CyberJoy Technology Limited may remove any links at any time for any reason or for no reason.
You will be responsible for and agree to indemnify, defend and hold the Hongkong CyberJoy Technology Limited Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys fees and court costs) made by a third party due to or arising from
These Terms of Use and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. In the event any litigation arises out of these Terms of Use, the parties hereto consent to the personal jurisdiction of all federal and state courts located in Santa Clara County, California and to the same courts as the exclusive venue for such litigation. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Hongkong CyberJoy Technology Limited under these Terms of Use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Hongkong CyberJoy Technology Limited for which remedies at law are inadequate. Hongkong CyberJoy Technology Limited shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. The preceding provision regarding applicable law and venue does not apply if you are a consumer based in the European Union. If you are based in the European Union, these Terms of Use will be subject to the laws and jurisdiction of your country of residence.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.
Hongkong CyberJoy Technology Limited operates and controls the Service from its offices in the United States. Hongkong CyberJoy Technology Limited makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Hongkong CyberJoy Technology Limited to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported
By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Hongkong CyberJoy Technology Limited as a result of these Terms of Use or your use of the Service.
These Terms of Use constitute the entire agreement between you and Hongkong CyberJoy Technology Limited with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Site or the mobile application by Hongkong CyberJoy Technology Limited.
The failure of Hongkong CyberJoy Technology Limited to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use.
These Terms of Use may not be assigned by you without Hongkong CyberJoy Technology Limiteds prior written consent, but are freely assignable by Hongkong CyberJoy Technology Limited.
The section headings used herein are for convenience only and shall not be given any legal importance. Upon Hongkong CyberJoy Technology Limiteds request, you will furnish Hongkong CyberJoy Technology Limited any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Hongkong CyberJoy Technology Limited by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. A person who is not a party to this agreement shall have no right to enforce any of its terms.
You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section O (Termination), Section P (Disputes with Others), Section Q (Disclaimers of Warranties), Section R (Limitations of Liability), Section T (Indemnification), Section U (Which laws apply to this contract and where you may bring legal proceedings) and Section V (Other Important Terms).
For all correspondence, please contact us through [email protected].
What's in this acceptable use policy?
This acceptable use policy ("Policy") sets out the content standards that apply when you upload content to our Service, make contact with other users on our Service, link to our mobile app or Site, or interact with our Service in any other way. This Policy is part of our Terms of Use and should be read in conjunction with our Terms of Service.
You may use our Service only for lawful purposes. You agree not to use the Service to transmit, make available or otherwise promote or support:
You further agree not to:
You also agree not to access the Service:
We may provide interactive functionality on our Service, including without limitation:
("Interactive Services")
When using any of the Interactive Services, you also agree to the following Content Standards:
User Content (or part thereof) must not:
You also agree not to:
These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Service and to take action. When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Policy constitutes a material breach of the Terms of Use upon which you are permitted to use our Service, and may result in our taking all or any of the following actions:
We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.