Last updated: 28/02/2025
Service contact information:
[email protected]
The
terms of service of this agreement (hereinafter referred to as the "Terms
of Service") are the relevant rights and obligations between you and
Shenzhen OliFun Technology Co., Ltd. for the "OliFun APP" client and related software-related
application services (hereinafter collectively referred to as
"OliFun") provided by Shenzhen Niukang Technology Co., Ltd., and
these terms of service have legal effect on both you and Shenzhen OliFun
Technology Co., Ltd.
The
terms of service of this Agreement may be updated by Swokang Technology Co.,
Ltd. at any time without notice. Once the terms of service are changed,
Shenzhen Niukang Technology Co., Ltd. will publish the modified content on the
website, and the revised terms of service will effectively replace the original
terms of service once published on the website. If you do not agree to any of
the terms of this Agreement and subsequent modifications, you can choose to
stop using all the services provided by "OliFun"; If you choose to
continue using the "OliFun" service, it is deemed that you have fully
accepted this Agreement and its modifications.
"OliFun"
Service Definition: "OliFun" Service is provided by Shenzhen OliFun
Technology Co., Ltd., which provides you with a service platform for browsing,
downloading and other functions under the premise that you comply with the specific
terms and conditions of this Agreement. "OliFun" itself does not
directly upload or provide image content, nor does it make any modifications or
edits to the pictures and photos you upload, browse, delete, download, or share
to the storage space platform. When you use the "OliFun" service, you
must be equipped with the equipment required for Internet access and telecom
value-added services, and you shall be responsible for the communication fees,
information fees and other related fees charged by your personal Internet
access or third parties (including but not limited to telecommunications or
mobile communication providers). There is a clearly agreed privacy policy in
this agreement, and you ensure that you have read and are willing to fully
comply with the privacy policy published by Shenzhen Niukang Technology Co.,
Ltd. before using this service. Shenzhen Niukang Technology Co., Ltd. has the
right to stipulate and modify the general measures for the use of this service,
including but not limited to deciding whether to retain the basic information
and upload information of your album, and the upload and storage permissions of
a single account. If Shenzhen Niukang Technology Co., Ltd. fails to store or
delete the content or other information of this service according to your
wishes, Shenzhen Niukang Technology Co., Ltd. does not assume any
responsibility for this. At the same time, Shenzhen Niukang Technology Co.,
Ltd. reserves the right to modify or interrupt the service at any time without
prior notice to you. Shenzhen Niukang Technology Co., Ltd. is not responsible
for you or third parties. Unless otherwise expressly provided by Shenzhen
Niukang Technology Co., Ltd., any new features of the current service,
including new products, are unconditionally applicable to these Terms of
Service.
3.1 You
shall ensure the authenticity, correctness and completeness of your identity
information when using this service, and if the information changes, you shall
change it in a timely manner, and Shenzhen Niukang Technology Co., Ltd. cannot
and will not be liable for any loss or damage caused by your untrue and
inaccurate information, or your failure to update your information in a timely
manner, or because you forget your password. If you provide any incorrect,
untrue, outdated or incomplete information, which is known to Shenzhen Niukang
Technology Co., Ltd.; or Shenzhen Niukang Technology Co., Ltd. has reasonable
grounds to suspect that the aforementioned information is incorrect, untrue,
outdated or incomplete, Shenzhen Niukang Technology Co., Ltd. has the right to
suspend or terminate your account and refuse you to use all or part of the
service now or in the future.
3.2
After completing the registration process for the Service and receiving a
password and account number, you shall maintain the confidentiality and
security of the password and account number. You shall be fully responsible for
the activities carried out by anyone using your password and account, and
Shenzhen Niukang Technology Co., Ltd. cannot identify the illegal or
unauthorized use of your account and password, so Shenzhen Niukang Technology
Co., Ltd. does not assume any responsibility. It is forbidden to transfer or
illegally sell accounts and passwords. If Shenzhen Niukang Technology Co., Ltd.
finds that the user is not the initial registrant of the account, Shenzhen
Niukang Technology Co., Ltd. has the right to withdraw the account without
assuming legal responsibility to the account user.
Unless
you sign a separate agreement with Shenzhen Niukang Technology Co., Ltd., you
agree that the service is only for personal and non-commercial use. At the same
time, you promise that without the prior written consent of Shenzhen Niukang
Technology Co., Ltd., you shall not use this service for advertising, sales,
commercial display and other commercial purposes. If Shenzhen Niukang
Technology Co., Ltd. finds that you use this service to carry out the above
behaviors, it has the right to delete the content you uploaded, or temporarily
or permanently block your photo album and account without further notice to
you.
5.1 You
shall not abuse the services of "OliFun", Shenzhen OliFun Technology
Co., Ltd. hereby solemnly reminds you that any pictures, photos and other
information uploaded (whether or not publicly uploaded), browsed, deleted,
downloaded, shared through this service, your registration information or other
materials (hereinafter referred to as "content") shall be borne by
the content provider and user. You warrant that you shall not use this service
or make any of the following information on the website of Shenzhen Newcom
Technology Co., Ltd.
5.1.1
Opposing the basic principles set forth in the Constitution;
5.1.2
Endangering national security, divulging state secrets, subverting state power,
or undermining national unity;
5.1.3
Harming the honor and interests of the state;
5.1.4
Inciting ethnic hatred, ethnic discrimination, or undermining ethnic unity;
5.1.5
Undermining national religious policies, advocating cults and feudal
superstitions;
5.1.6
Spreading rumors, disrupting social order, and undermining social stability;
5.1.7
Disseminating obscenity, pornography, gambling, violence, murder, terror or
instigating crimes;
5.1.8
Insulting or slandering others, infringing on the legitimate rights of others;
5.1.9
Inciting illegal assembly, association, procession, demonstration, or gathering
to disrupt social order;
5.1.10
Acting in the name of an illegal non-governmental organization;
5.1.11
Contains false, harmful, coercive, invasive of another's privacy, harassing,
infringing, libelous, vulgar, obscene, or otherwise morally objectionable;
5.1.12
Contains other content that is restricted or prohibited by Chinese laws,
regulations and any legally effective norms.
5.2 You
must guarantee that you have the complete, flawless ownership and intellectual
property rights of the photos and other works you upload, or that you have
obtained the legal authorization of others and have the right to upload them on
the "OliFun" platform, and that your uploading behavior on this
website does not infringe the legitimate rights and interests of any third
party; You shall not upload, post, or otherwise transmit any internal
information, confidential information, information involving the privacy of
others, or any content that infringes any patent, trademark, copyright, trade
secret or other proprietary right of any person on the "OliFun"
platform. Otherwise, you will be solely responsible for all legal and economic
responsibilities arising therefrom; Shenzhen Niukang Technology Co., Ltd.
Therefore, if you bear legal responsibility, you have the right to recover from
you.
5.3 You
shall not use this service to make or spread destructive programs such as
computer viruses, and shall not cause interference or confusion to this
service, the server or network connected to this service, or violate any
requirements, procedures, policies or rules of the network connected to this
service, otherwise Shenzhen Niukang Technology Co., Ltd. will reserve the right
to pursue its legal responsibility and have the right to submit it to the
relevant departments for processing.
5.4
Shenzhen Niukang Technology Co., Ltd. has the right to filter the pictures you
upload, add text and other content, if you find any violation of laws and
regulations or the relevant provisions of this agreement of pictures, text,
Shenzhen Niukang Technology Co., Ltd. has the right to delete or block it
immediately, and do not need to notify you separately.
5.5 You
may not upload, post, email or otherwise transmit advertising letters,
promotional materials, junk mail, etc.
5.6 You
agree to abide by the General Principles of the Civil Law of the People's
Republic of China, the Copyright Law of the People's Republic of China, the Law
of the People's Republic of China on Guarding State Secrets, the Regulations of
the People's Republic of China on the Security Protection of Computer
Information Systems, the Regulations on the Protection of Computer Software,
the Interpretation of the Supreme People's Court on Several Issues Concerning
the Application of Law in the Trial of Cases Involving Computer Network
Copyright Disputes (Fa Shi [2004] No. 1), the Measures for the Administrative
Protection of Internet Copyright, and the Measures for the Administrative
Protection of Internet Copyright. Provisions on the Administration of Internet
News Information Services" and other relevant national laws and
regulations. In any case, if you violate national laws and regulations or the
terms of service, resulting in Shenzhen Niukang Technology Co., Ltd. suffering
any damage or suffering any disputes, lawsuits, claims, etc. from a third
party, you must compensate Shenzhen Niukang Technology Co., Ltd. for all losses
(including direct losses and indirect losses).
5.7 You
shall not use "OliFun" to engage in any behavior that endangers the
security of computer information network, otherwise, once you complain, report
and discover, you shall bear all legal responsibilities and compensate for the
losses caused to Shenzhen OliFun Technology Co., Ltd.
5.8 If
your use of "OliFun" service does not comply with this Agreement,
Shenzhen OliFun Technology Co., Ltd. has the right to make independent judgment
when it is discovered through notification, report, etc., and may immediately
terminate the provision of part or all of the services to you without prior
notice to you. If you disseminate and disseminate reactionary, pornographic or
other information that violates national laws and regulations through
"OliFun", the system records of "OliFun" may be used as evidence
of your violation of laws and regulations; You shall be solely responsible for
any damage or loss caused by any third party to make claims or arising from
your uploading and dissemination of the above content on "OliFun".
5.9 The
Company has the right to supervise your use of "OliFun", and if it is
found that you have violated any of the provisions of this Agreement when using
the network services provided by "OliFun" through notice, report,
etc., Shenzhen Niukang Technology Co., Ltd. has the right to require you to
correct or directly take all measures deemed necessary (including but not
limited to changing or deleting the content you upload, suspending or
terminating your right to use the network services) to mitigate the impact of
your misconduct.
You
agree to grant Shenzhen Niukang Technology Co., Ltd. a worldwide, royalty-free,
non-exclusive, fully sublicensable, and perpetual right to use the photos and
texts that you publicly share in the public area of the Service (the public
area refers to the area that can be used by general public users), and Shenzhen
Niukang Technology Co., Ltd. may use, copy, modify, adapt, publish, translate,
and translate the above content for the specific purpose of displaying,
disseminating and promoting the posting of the foregoing content. It is used
for Internet value-added services or telecom value-added services after
creating derivative works based on them.
7.1
"OliFun" is completely free of charge, photos are lost or files are
corrupted, Shenzhen OliFun Technology Co., Ltd. will not be held responsible.
Ghost effects and 2012 or part of the special effects are fake, for
entertainment only, misunderstandings caused by special effects photos,
Shenzhen Newcom Technology Co., Ltd. will not be held responsible.
7.2 You
fully understand and agree that the Service involves services such as the
Internet and mobile communications, which may be affected by unstable factors
in various links. Therefore, there is a risk that the service will be
interrupted or unable to meet your requirements due to the above-mentioned
force majeure, computer virus or hacker attack, system instability, your
location, your shutdown, GSM network, Internet network, communication line
reasons, etc., or the risk of service cancellation or termination (any
information stored in your service may not be recovered), and you must bear the
above risks when using this service. Shenzhen Niukang Technology Co., Ltd. does
not guarantee the timeliness, security and accuracy of the service. We are not
responsible for any inability to send and receive reading messages, or for
errors in the delivery, personal timeliness, non-storage, or other problems
that may result in you being unable to send and receive reading messages.
Shenzhen Niukang Technology Co., Ltd. will not be liable for the loss, loss or
service interruption of your data caused by force majeure or reasons not
attributable to the fault of Shenzhen Niukang Technology Co., Ltd.
7.3 For
system failures that affect the normal operation of the Service, Shenzhen
Niukang Technology Co., Ltd. promises to deal with and repair it in a timely
manner once discovered. However, Shenzhen Niukang Technology Co., Ltd. is not
responsible for the economic and moral losses caused by you. In addition,
Shenzhen Niukang Technology Co., Ltd. reserves the right to suspend part or all
of the service for maintenance, upgrade or other purposes without prior notice.
7.4
Shenzhen Niukang Technology Co., Ltd. solemnly reminds you that any content
uploaded or sent through this service, whether it is publicly or privately
transmitted, shall be the responsibility of the content provider. Shenzhen
Niukang Technology Co., Ltd. cannot control the content transmitted through
this service, nor can it fully control your use behavior, so it does not
guarantee the legality, correctness, completeness, authenticity or quality of
the content; You have foreseen that you may be exposed to unpleasant,
inappropriate or disgusting content when using this service, and agree that you
will make your own judgment and bear all risks, and do not rely on Shenzhen
Niukang Technology Co., Ltd. However, in any case, Shenzhen Niukang Technology
Co., Ltd. has the right to stop the transmission of any of the above content
and take corresponding actions in accordance with the law, including but not
limited to suspending your use of all or part of the service, keeping relevant
records, and reporting to the relevant authorities. However, Shenzhen Niukang
Technology Co., Ltd. has the right (but not the obligation) to refuse and
delete any content that can be provided through this service that violates
these terms or otherwise causes Shenzhen Niukang Technology Co., Ltd. or other
you to be disgusted by it.
7.5 You
fully understand and agree that if a third party uploads your pictures and
other works to "OliFun" without your knowledge or without your
consent, and any behavior that may infringe on your rights and interests
arising therefrom, Shenzhen Niukang Technology Co., Ltd. shall not be liable to
anyone.
7.6 You
fully understand and agree that the third party can obtain the relevant
information in "OliFun" by visiting the website of Shenzhen OliFun,
and can use, modify, deduce, download or reprint the information. Shenzhen
Niukang Technology Co., Ltd. does not assume any responsibility for any
behavior that may infringe on your rights and interests such as using,
modifying, interpreting, downloading or reprinting information in any way by
you or a third party.
7.7 You
fully understand and agree that any form of business dealings or participation
in promotional activities with advertisers, including payment and delivery of
relevant goods or services, and any other relevant terms, conditions,
warranties or representations entered into through the Services, are solely
between you and advertisers. Except as expressly provided by relevant laws,
Shenzhen Niukang Technology Co., Ltd. shall not be liable for any loss or
damage of any nature suffered by you due to any of the aforesaid transactions
or the aforesaid advertisers.
7.8
Shenzhen Niukang Technology Co., Ltd. has the right to freeze or withdraw the
album account you use after notifying you at least 3 days in advance according
to the needs of the service.
8.1 The
personal information you provide is untrue;
8.2 Your
breach of these Terms of Service;
8.3 Your
account and corresponding domain name that have been idle for a long time after
registration;
8.4
Shenzhen Niukang Technology Co., Ltd. finds that you have maliciously
registered an album account or Shenzhen Niukang Technology Co., Ltd. receives a
complaint from a third party and the third party
issues corresponding evidence;
8.5
Other special circumstances that Shenzhen Niukang Technology Co., Ltd.
considers to be in line with the overall service needs.
Under
the following circumstances, Shenzhen Newcom Technology Co., Ltd. will disclose
your personal information, and the responsibility arising therefrom will be
borne by you:
9.1 You
authorize or agree to the disclosure of Shenzhen Newcom Technology Co., Ltd.;
9.2
Under certain circumstances, only by disclosing your personal information can
you provide the products and services you have requested;
9.3 In
case of emergency, in order to protect the legitimate rights and interests of
Shenzhen Newcom Technology Co., Ltd. and your legitimate rights and interests
or public safety and interests;
9.4
Provide your personal information as required by law or competent authorities;
9.5 You
agree to have the information shared by third parties;
9.6 We
find that you have violated the terms of service of Shenzhen Newcom Technology
Co., Ltd. or the terms of use of any other products and services;
9.7
According to the relevant provisions of the terms and statements of Shenzhen
Niukang Technology Co., Ltd., or other circumstances that Shenzhen Niukang
Technology Co., Ltd. deems necessary;
The
content includes the name of the "OliFun" effect, sound, picture,
etc., as well as all the content in the email message and advertisement. The
logo includes "Shenzhen OliFun Technology Co., Ltd.",
"OliFun" and related graphic logos, all of which are protected by
copyright, trademark and patent laws. Therefore, you can only use these
contents under the authorization of Shenzhen Newcom Technology Co., Ltd., and
you cannot copy or recreate these contents without authorization, or create
derivative products related to the content.
All
rights to any software (including but not limited to any images, photos,
animations, videos, audio recordings, music, texts, additional programs, and
accompanying help materials contained in the software) used by
"OliFun" for the purpose of providing network services belong to the
copyright owner of the software, and you may not reverse engineer, decompile or
disassemble the software without the permission of the copyright owner of the
software. or otherwise discover its original code, and commit any act that is
suspected of copyright infringement.
Audio
material, from the Internet, if copyright is involved, please contact us:
[email protected], we can delete it.
The
validity and interpretation of these Terms of Service shall be governed by the
laws of the People's Republic of China. If any part of the Terms of Service
conflicts with the laws of the People's Republic of China, such part of the
terms shall be reinterpreted in accordance with the provisions of the law, and
the invalidity or reinterpretation of some of the terms shall not affect the
legal effect of the other terms.
You and
Shenzhen Niukang Technology Co., Ltd. agree that all disputes arising from this
service shall be resolved through negotiation, and if the negotiation fails,
either party may submit to the court where Shenzhen Niukang Technology Co.,
Ltd. is located for litigation.
All claims and disputes within the
scope of the litigation arbitration agreement must be arbitrated on an
individual basis and not on a class basis. More than one customer's or user's
claim cannot be arbitrated or consolidated with any other customer or user.
However, if a waiver of a class action or consolidated action is deemed invalid
or unenforceable, neither you nor we will have the right to arbitrate; Instead,
all claims and disputes will be resolved in the courts provided for in this
Agreement.
The English language version of this Agreement shall prevail in any
respect relating to the performance of this Agreement, including conflict of
meanings with respect to the other language versions.
Your
comments and suggestions on any part of the service or any part of these Terms
of Service can be contacted by the customer service department.
End User
License Agreement
Please read carefully before
downloading or streaming any Swokang app or software from any app store or
website. (English)
We authorize you to use the App in accordance with this Agreement, as
well as any rules or policies of the Apple and Google Android app stores
("App Store") from which the End User downloads the App (the
"App Store's Rules"). We don't sell apps to you. We and/or the owner
of the App are the rightful owners of the App and the Files at all times. The
license to the Application is a non-exclusive, non-transferable, and revocable
license.
Important
By downloading an App from an app store or elsewhere, you agree to be
bound by this End User License Agreement. This EULA includes important
provisions on the limitation of liability in Section 7. If you do not agree to
any of the terms of this Agreement, we will not authorize you to use our App,
and you must immediately stop downloading or using the App. Otherwise, you will
be held legally responsible for any unauthorized use of our app. In this case,
the process of downloading and using the app will automatically terminate.
License Terms
1.
Thanks
1.1 The terms of this
EULA apply to the App or any services accessible through the App (the
"Services"), including any updates or supplements to the App or any
Services; Unless they have separate terms, in which case those terms apply. If
any open source software is included in the Application or any Services, the
terms of the open source license may take precedence over certain terms of this
EULA
1.2 We may notify you of any changes to this Agreement in the form of a
message or when you launch the App. The new license agreement will be displayed
on the screen and will require you to read and agree to it before you can
continue to use the service.
1.3 App updates may be posted in the App Store from time to time. You
must download and use the updated app and agree to the new terms before you can
use the new service.
1.4 You will be deemed to have been permitted to use the relevant
mobile phone, handheld device and other device specified in 2.2(a) (the
"Device") in order to download the App to or browse on the relevant
Device. You can be charged by your network service provider for these devices.
Your use of these apps and related services on these devices means that you
accept and agree to be bound by this End User License Agreement, regardless of
whether these devices are owned by you.
1.5 By using these applications or any related services, you agree that
we collect and use technical information about your equipment and related
software, hardware and peripherals when you use our online and offline services
in order to improve our products and provide you with better services.
1.6 The Application or any of the Services may contain links to other
independent third-party websites ("Third-Party Sites"). None of the
third-party sites are under our control, and we are not responsible for the
content or privacy policies, if any, of the third-party sites. You are solely
responsible for determining your interactions with any Third-Party Sites,
including the purchase and use of any products or services accessible through
the Third-Party Sites.
1.7 By using the App or Services, you are deemed to have reviewed and
agreed to the terms of the Privacy Policy and Terms and Conditions of Safecom.
1.8 The words "including", "in particular" and
"for example" or any similar phrases appearing in the Agreement shall
be construed as enumerative and shall not limit the generality of the relevant
general words.
2.
License and Scope of License
2.1 Subject to your consent to this License Agreement, we grant you a
non-transferable, non-exclusive right to use the Applications on the relevant
device, subject to this License Agreement and the relevant privacy policies and
app store rules that are incorporated into or supplement this Agreement. All
other rights relating to ownership rights are reserved.
2.2 You may only download, download, or stream a copy of the App to a
particular device for your personal use.
3.
License Restrictions
Unless otherwise provided in this Agreement or by law, you undertake
that:
(a) not to copy the
Application, except as incidental to the normal use of the Application or as
necessary for backup or operational security purposes;
(b) not rent, lease,
sublicense, lend, translate, merge, adapt, alter or modify the Application;
(c) not to make changes
or modifications to all or any part of the Application, or to permit the
combination or incorporation of the Application or any part thereof with or
into any other program;
(d) Not to disassemble,
decompile, reverse engineer, or create derivative works based on all or any
part of the Application, or attempt to do anything of the same, except to the
extent that such actions are necessary to achieve the purpose of
interoperability of the Application with other software, and information
obtained by you in such activities:
(i) solely for the
purpose of enabling the interoperability of these applications with other
software;
(ii) not to disclose or
communicate to third parties without our prior written consent;
(iii) not to be used to
develop any software that is substantially similar to the Application;
(e) Properly store all
copies of the Application and maintain accurate and continuously updated
records of the number and storage location of all Application Copies;
(f) Your reproduction of
the Application, in whole or in part, in any medium, shall include our
copyright notice;
(g) not to make these
Apps, in whole or in part, available in any form to anyone without our prior
written consent;
(h) Comply with all
applicable technology control or export laws and regulations applicable to the
technology used or supported by the Application or any Services (Technology).
4.
Acceptable Use Restrictions
You agree that you must:
(a) not to use the
Application or any Services in any unlawful manner, for any unlawful purpose,
or in any manner inconsistent with this Agreement, or in a fraudulent or
malicious manner, such as hacking into the Application or inserting malicious
code including viruses or harmful data into the Application, any Services or
any operating system;
(b) not infringe our
intellectual property rights or the intellectual property rights of any third
party in connection with your use of the Application or any Services (i.e., not
beyond the extent permitted by this Agreement);
(c) not to transmit any
defamatory, offensive or otherwise objectionable information relating to your
use of the Application or any Services;
(d) not to use the
Application or any Services in a manner that could damage, paralyze,
overburden, or impair our systems or security, or interfere with other users;
(e) You may not collect
any information or data from any of the Services or our systems, or attempt to
decrypt transmissions from which the servers on which any of the Services are
running.
5.
intellectual property
5.1 You acknowledge that all intellectual property rights and
technology in the Application belong to us or our other licensees, and that the
rights to use the Application have been licensed, not transferred, to you. You
do not have any rights to the Application or Technology other than the relevant
use rights granted to you under the terms of this Agreement.
5.2 You acknowledge that you do not have the right to access the
Application in source code form.
6.
Disclaimer of Warranties
6.1 You acknowledge that the Licensor does not guarantee that you will
be satisfied with the quality, performance or accuracy of the Application or
Services you use.
6.2 To the extent permitted by applicable law, the Application and
Services are provided on an "as is" and "as available"
basis, with faults and without warranty of any kind. We make no representations
and warranties of any kind, whether express, implied or statutory, with respect
to the Application and Services, including, but not limited to, warranties of
merchantability, satisfactory quality, fitness for a particular purpose,
accuracy, quiet enjoyment, and non-infringement of third party rights. We do not
warrant that the features contained in the Program or Services will meet your
requirements, that the operation of the Application or Services will be
uninterrupted or error-free, or that defects in the Application or Services
will be corrected. No oral or written information or advice provided by us or
our authorized representatives shall constitute a warranty. If the Application
or Service proves to be defective, you will be solely responsible for the full
cost of all necessary service, repair, or correction.
7.
Limitation of Liability
7.1 The Licensor shall not be liable for any problems with the use of
the Software arising from misuse, misuse or unauthorized modifications.
7.2 To the extent not prohibited by applicable law, in no event shall
the Licensor, Licensor's employees, No other licensee or affiliate shall be
liable for such damages. Such damages may arise out of the use of, or inability
to use, the Software, even if Licensor, other licensees or affiliates have been
advised of the possibility of such damages. Some jurisdictions do not allow
limitations on liability for personal injury or incidental or incidental
damages, so this limitation may not apply to you.
7.3 In no event shall the Licensor's liability to you for all damages
(other than death or personal injury caused by the Licensor's negligence as may
be required by applicable law) exceed the amount paid by you for the Swokang
Device. (English).
7.4 The laws of some countries do not allow the exclusion or limitation
of certain warranties, warranties or liabilities. If such laws apply to you,
all or some of the exclusions or limitations set forth herein may not apply to
you, and you may have additional rights. Nothing in this Agreement affects the
legal rights to which you as a consumer are always entitled, and you cannot
contractually agree to vary or waive those legal rights.
8.
Termination of Contract
8.1 This Agreement shall come into force on the date of installation of
the Software. You may terminate this Agreement at any time by permanently
deleting, destroying, and returning the Software, all backup copies, and all
related materials provided by Licensor at your own expense.
8.2 We may terminate this Agreement immediately by giving you written
notice:
(a) If you are in a
material or persistent breach of this Agreement and do not do so within 14 days
of receiving written notice of correction (if remedied);
(b) If you violate any
license restrictions or acceptable use restrictions;
(c) 30 days after the
notice of cancellation without cause.
8.3 If, for whatever reason, upon termination of this Contract:
(a) All rights granted to
you under this Agreement shall terminate;
(b) You must immediately
cease all activities authorized by this Agreement;
(c) You must immediately
delete the App from all devices and immediately destroy all copies of the App
and files in your possession, custody or control, and certify to us that you
have done so.
9.
force majeure
9.1 We will not be liable for any failure or delay in performance of
our obligations under this Agreement caused by any act or event beyond our
reasonable control, including the failure of public or private
telecommunications networks (for uncontrollable times).
9.2 In the event of any event beyond our control that affects our
performance of our obligations under this Agreement:
(a)
During the occurrence of events beyond our control, our
obligations under this Agreement will be suspended and the time for performance
of our obligations will be extended;
(b)
We will make all reasonable efforts to remain able to
meet our obligations under this Agreement in the event of an Event Beyond Our
Control.
10. Miscellaneous
10.1 We may transfer our rights and obligations under this Agreement to
another entity, but this will not affect your rights under this Agreement or
our obligations.
10.2 You may assign your rights or obligations under this Agreement to
another person only with our written consent.
10.3 If we fail to insist that you perform any of our obligations under
this Agreement, or if we fail to enforce our rights against you, or if we delay
in doing so, then this does not mean that we have waived our claim against you
and will not mean that you do not have to comply with those obligations. If we
do waive any claim against you, we will do so only in writing, which does not
mean that we will automatically waive any subsequent claim against you.
10.4 Each provision of this Agreement is independent. If any court or
competent authority decides that any of these provisions are illegal or
unenforceable, the remaining provisions will remain in full force and effect.
10.5 Any dispute, controversy, difference or claim arising out of or in
connection with this Agreement, including the existence, validity,
interpretation, performance, breach or termination of this Agreement, or any
dispute relating to non-contractual obligations arising out of or in connection
with this Agreement, shall be referred to arbitration administered by the Hong
Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC
Administered Arbitration Rules in force at the time the Request for Arbitration
is submitted. The law governing this arbitration clause is the laws of Hong
Kong; The place of arbitration shall be Hong Kong; The arbitrator shall be one.
The arbitration proceedings shall be conducted in English.
10.6 This Agreement shall be governed by the laws of the Hong Kong
Special Administrative Region of the People's Republic of China, excluding
conflict of law provisions.