Shuga Terms of Service
20/10/2022
【Shuga
Team】 ( ”We” ) hereby advise you to carefully read and
understand this Terms of Services (hereinafter referred to as “Agreement”)
before registering for our Services.
In order to
clarify rights and obligations of all parties, and protect the legitimate rights
and interests of all parties, this agreement is specially formulated. The
contents highlighted in bold underline in this Agreement are specifically
reminded of your attention. Please ensure that you fully understand the terms
of this Agreement. You are not authorized to register, log in or use our
Services or Software (including but not limited to creating or uploading the
user generated content) (hereinafter referred to as Services, Software) unless
you accept all the terms of this Agreement. Your registration, login, usage,
etc. will be deemed as acceptance of this Agreement and that you agree to be
bound by the terms of this Agreement.
We reserve
the right, at our discretion, to change, modify, add, or remove portions of the
Agreement, supplementary Agreements, Privacy Policy, regulative provisions or
feature terms at any time by posting the amended version on our Software or
within the Services without prior notice. If you do not agree to these terms or
any future amended version, then you must not access, use our Services.
Otherwise, your access, use of our Services shall be deemed to agree any future
updated version of them.
1.
Account
1.1 In order
to use our Services, we may ask you to create an Account or allocate an Account
(hereinafter referred to as Account) to you. We can modify how your account is
registered, and logged in if necessary without prior notice. If you associate
your Account with your mobile number, you agree to authorize us and telecom
operator to use your mobile number if applicable, and you guarantee to comply
with the relevant regulations of the telecom operator.
1.2 You
agree to simultaneously authorize us to activate an account for other Services
of the Company upon registration of this account. Specific products are subject
to our actual operation.
1.3 You can
access, use some features of our Service only if you give us your location
information. You have to provide, authorize us your GPS location if you want to
access, use some features of our Service. In the event that you do not want to
provide your location information, you can terminate corresponding
authorization.
1.4 The
ownership of the Account belongs to us and you only have the right to use the
Account. You are forbidden to donate, borrow, rent, transfer or sell the
Account.
1.5 You are
responsible for maintaining the security of your Account. If your Account
encounter hacking or password theft due to your improper handling, you shall
hold full responsibility for. We will treat all acts performed through your
Account as being performed by you. You therefore accept responsibility for all
acts done using your Account. If you become aware of any actual or suspected
unauthorized use of your Account or Account password, please tell us
immediately. You agree not to use other users' accounts or passwords under any
circumstances.
1.6 You
shall abide by the terms of this Agreement and use the Software correctly and
appropriately. If you violate any of the terms in this Agreement, we reserve
the right to discontinue or terminate the Service to you.
1.7 If no
activity is conducted by you in relation to the Account for one year, we have
the right to delete or take back the account without prior notice to avoid
wasting resources, and you shall take all the risks. Meanwhile, we reserve the
right to delete or take back your Account and user name at any time at our sole
discretion.
2.
Service Scope
2.1 The
specific Service of this Software is provided according to the actual
situation, including but not limited to allowing you to live stream, watch live
streams, purchase or send virtual gifts. We can modify the Services provided at
any time without prior notice to you at our sole discretion.
2.2 You
understand and agree that we are entitled to send you promotional or other
relevant business information, notices via email, client, push messages, SMS,
webpage or other legal means for commercial purposes. Due to the unique nature
of the mobile phone network, we have the right to access your mobile phone
information.
3. User
Information Protection
3.1 In the
process of registering your Account or using the Service, you may be required
to fill in or submit certain necessary information, such as the identity
information required by laws, regulations, and regulatory documents (hereinafter
referred as to “Laws and Regulations”). If the information you submit is
incomplete, inaccurate or does not comply with the Laws and Regulations, you
may be unable, restricted to use our Service.
3.2 User
information includes private information and non-private information. Private
information refers to information that can be used to identify the user,
including your legal name, ID number, and mobile phone number; Non-private
information refers to the general information such as your performance data,
information excluding private information and the above-mentioned private
information that you agreed to disclose publicly.
3.3 In order
to provide Services and improve quality of this Software, our techniques, we
may collect or use your information or disclose it to third parties. For more
details, please read our “Privacy Policy” carefully.
3.4 As our
Service is based on your geographical location, you acknowledge that the
geographical location is considered as non-private information. You agree to
authorize us to get, use your geographic location information to provide
Services provided that you access, use our Service and your geographical
location information shall be open to other users as your public information .
If you wish to terminate the authorization, the device setting can be changed
by yourself.
4.
User Generated Content Requirements and Usage Rules
4.1 The
Content described in this Agreement refers to any content created, uploaded,
copied, published and distributed by you, including but not limited to
registration information and verification details such as account avatar, name,
personal description, or text, audio, pictures, videos, graphics that are sent,
replied or auto-reply messages and related link pages, and other content
generated while using the software.
4.2 You are
not allowed to use this Software to produce, upload, copy and send the
following Content or conduct the following behavior:
(1) That
threatens national security, leaks state secrets, subverts state power, damages
state unity;
(2) That
damages national honor and profit;
(3) That
incites national hatred, discrimination and damages national unity;
(4) That
damages national religion policies, promotes cult and feudal superstition;
(5) That
spreads rumors, disturbs public order and damages social stability;
(6) That
spreads obscene, pornographic content containing sexual or sexually suggestive
content;
(7) That
spreads gambling, violence, murder, terror or abetment;
(8) That
insults or defames others, violates others legal rights or fraudulent;
(9) That
contains insulting, intimidating, or threatening content;
(10) That
contains harassment, spam, malicious or phishing information;
(11) That
disclosing or involving the privacy of others, personal information or details;
(12) That
infringes on the legal rights of other people's reputation, portrait rights,
intellectual property rights, trade secrets, etc. ;
(13) That
harms the interests of minors in any way;
(14) That
stalks or otherwise harasses other users;
(15) That
contains false information, or steals other people's avatars or details, posts
or uses others’ identity;
(16) That
enforces, induces other users to follow, click on the link page or share
information;
(17) That
fabricates facts, conceals truths to mislead or deceive others;
(18) That
contains advertising or sales-oriented information;
(19) That
uses technical means to build multiple fake accounts;
(20) That
deletes the copyright information on this software and its copy;
(21) That do
reverse engineering, reverse compilation, de-compilation, or attempt to
discover the source code of the software;
(22) That
uses, rents, lends, copies modifies, links, reproduces, compiles, issues,
publishes or creates mirror sites with contents that contains intellectual
property rights of this company;
(23) That
copies, modifies, adds, deletes, hooks, or creates any data released by us or
necessary for the software, or derivatives;
(24) That
adds, deletes, changes the function of the software, or operates or transmits
the software to the public by modifying or falsifying the instructions and data
in the software, whether or not for commercial purpose;
(25) That
Loges in or uses the software through third-party software, hacking, plug-ins
or systems that are not developed or authorized by us, or create, publish, or
distribute third-party software, plug-ins, hackings, and systems that are not
developed or authorized by the company;
(26) That
contains sensitive AR anchoring location information (anchoring to restricted
areas such as military bases, or to private properties where AR anchoring may
cause problems for the property owner);
(27) That is
or could reasonably be viewed as offensive, indecent or objectionable;
(28) Other
Contents or behaviors that in violation of laws and regulations, such as
regulatory documents and policies (including jurisdiction where you reside, the
Software operates, runs), or infringe lawful rights and interests of other
third parties, interfere with the normal operation of the software.
4.3 Any
Contents produced, uploaded, copied and sent by you has nothing to do with us
and doesn’t reflect or represent our opinion, standpoint, policy. We shall not
be liable in any way for any Content uploaded, distributed, copied, published
by you, or behavior conducted by you.
4.4 You are
solely responsible for the authenticity, legality, accuracy, validity of the
information transmitted, produced, uploaded, copied, published, disseminated by
you, and behaviors conducted, and performed by you. Any liability is at your
own risk and has nothing to do with the software. If any damage is caused to us
or third parties due to your behavior, you shall compensate losses of us or
third parties, and we have the right to pursue your liability in accordance
with this agreement.
5.
Third Party Products and Services
5.1 The
Service may contain advertisements and promotions offered by third parties and
you agree to display those advertisements and promotions during the course of
using the Service. Unless otherwise expressly regulated by laws and
regulations, you should be responsible for transactions in accordance with the
advertising information, and losses in relation to the transaction. We are not
liable for any responsibility, losses arising from the aforesaid transactions.
5.2 If you
choose to use services, products provided by third party that displayed, linked
on our Software, you shall comply with third party’s agreement, policy in
regard with you behavior. We cannot guarantee the security, accuracy, validity
of third party’s service and we are not responsible or liable for losses
incurred by you arising from services, products, behavior of third party.
6.
PAID SERVICES
The creation
of your user profile and the access to the standard features of this App is
free. To enrich your experience, you can choose to subscribe or purchase in-app
purchases.
6.1
Subscribe: Auto-Renewal; Automatic Card Payment
Subscriptions
are automatically renewed until you terminate or cancel the subscription. When you
purchase a subscription, your Payment Method will continue to be billed monthly
in advance within 24 hours of the date of the initial purchase at the price you
agreed to when initially subscribing. Your card payment information will be
stored and subsequently used for the automatic card payments in accordance with
the Agreement.
If you
purchase any VIP and all kind of paid contents & item Services, you hereby
agree to pay all charges to your account, including applicable taxes, in
accordance with billing terms in effect at the time the charges are payable and
whether charged by our APP or the online application store from which you
downloaded the Software (the “Application Store”). You agree to abide by any
relevant terms of service or other legal agreement that governs your use of a
given payment processing service and/or method. If you purchase Premium and all
kind of paid contents & item Services on a subscription basis, you
acknowledge and agree that this is a recurring payment and payments shall be made
by the payment method and payment intervals you have selected, until the
subscription for the VIP and all kind of paid contents & item Services is
terminated. You agree that if you purchase VIP and all kind of paid contents
& item Services through an Application Store, all payment related
questions, issues, disagreements and/or disputes shall be handled in accordance
with the terms of service or other legal agreement that governs your use of a
given payment processing service and/or method, and in no event will us have
any responsibility in connection with any of the foregoing.
If you want
to change or terminate your subscription, you will need to log in to your third
party account and follow instructions to terminate or cancel your subscription,
even if you have otherwise deleted your account with us or if you have deleted
the application from your device. Deleting your account on this APP or deleting
the application from your device does not terminate or cancel your
subscription; This APP will retain all funds charged to your Payment Method
until you terminate or cancel your subscription on this APP or the third party
account, as applicable. If you terminate or cancel your subscription, you may
use your subscription until the end of your then-current subscription term, and
your subscription will not be renewed after your then-current term expires.
6.2 Virtual
Currency and Gifts
When you
purchase or receive Virtual Currency products such as Gems, Diamonds, and gifts
you do not own them. Gems are used to buy gifts and make calls. You agree that
we will have no liability to you based on the exercise of our rights with
respect to Gifts and Gems. We reserve the right to verify your identity and
eligibility to use your virtual currency and gifts.
You may use
Gems to purchase Gifts,the price for each Gift will be displayed
at the point of purchase. All sales of Gifts are final, and we do not offer
refunds for any purchased Gifts. We are not responsible for repairing or
replacing Gifts, or providing you with any credit or refund in the event that
we modify, suspend, or terminate the Gift, Story or the Points program, or for
loss or damage due to any service error, or any other reason. Purchases of
Virtual Currency (Gems), Diamonds and Gifts may not be sub-licensed and are
non-refundable and non-transferable, even if they expire or are revoked or
discontinued. We may change the purchase price for Virtual Currency (Gems), or
Gifts at any time, as well as the ways you can use Virtual Currency (Gems),
Points and Gifts. We reserve the right to revoke or stop issuing Virtual
Currency (Gems, Diamonds) and Gifts at any time without notice, refund, or
compensation, and to set expiration dates for Virtual Currency (Gems, Diamonds)
and Gifts. Virtual Currency (Gems) and Gifts may not be redeemed for any sum of
money or monetary value. If you delete your account or your account is
terminated for any reason, you will lose all accumulated and unused Virtual
Currency (Gems, Diamonds, etc.) and Gifts without refund or other compensation.
You agree that we will have no liability to you based on the exercise of our
rights with respect to Virtual Currency (Gems, Diamonds) and Gifts.
Gifts
purchased or received by any user do not constitute property and are not
transferable.
7.
Membership
7.1 You can
purchase membership service, and the included service content and price
information is subject to the display on relevant service pages of this
Service.
7.2 We can
adjust the membership service charge standard and content at any time by displaying
the amended version on relative pages.
7.3 You are
forbidden to transfer or refund after successful payment under any circumstance
unless clearly stated by Law and Regulation. The Service will terminate
automatically after the end of subscription if you do not use our Service
within the validity period specified in the payment service, which cannot be
interrupted or postponed.
7.4 The
content and personal data you submitted when registering for membership must be
valid and truthful. You must modify the registered personal data when
necessary, otherwise you are liable for any consequences caused by your
membership rights unable to fully and effectively exercised.
8.
Virtual Currency
8.1 You are
able to redeem and purchase “virtual items,” as known as heartbeat coins
(change of virtual items name does not affect the validity of this agreement).
Unless otherwise specified, virtual items can only be used in the Software and
holds no purchasing power in scenarios other than the Software.
8.2 Virtual
items can be used to purchase value-added Services of the Software, such as
sending gifts and playing games, etc. Specific price information, exchange
rate, and usage policy will be determined by us in our sole discretion and on
our service interface. Unless otherwise provided hereof, virtual items may not
be used for any other purposes, including unable to conduct virtual items
transactions with third parties, or trading on third-party platforms other than
the software platform. If you violate the foregoing requirement, we will not be
liable for any loss of you or a third party, and if we reasonably suspect that
your Account or usage has cheat operation or abnormal status, we reserve the
right to suspend, refuse your use of virtual items, until relevant ban measures
are taken as provided in this agreement.
8.3 You can
recharge your virtual items through channels allowed by us. The exchange rate
between virtual items and legal currency varies according to your purchase
channel, which shall subject to the information displayed on our Software
interface. We have the right to change the exchange rate in our sole discretion
from time to time and will display it on our Software interface.
8.4 You
promise to not recharge through illegal or unauthorized channel. If you violate
the rules and illegally recharge, purchase virtual items, we do not guarantee
that the recharge will be successful or completed. We will not compensate for
your loss if your rights and interests are damaged by the above actions. We
also reserve the right to terminate, restrict your Account, your right to
recharge, and pursue your liabilities accordance to this Agreement.
8.5 Please
check your account carefully before recharging. You shall bear all losses on
your own due to incorrect account input, improper operation or lack of
understanding of charging methods, etc., and we will not make any compensation
for your losses.
8.6 UNLESS
OTHERWISE REGULATD BY LAWS, ALL PURCHASES OF VIRTUAL ITEMS MADE THROUGH THE
SERVICE ARE FINAL, NON-REFUNDABLE, NON-TRANSFERRABLE UNDER ANY CIRCUMSTANCES.
FOR AVOIDANCE OF DOUBT, IN REGARDING TO ANY SERVICES, PRODUCTS PERCHASED BY
YOU, YOU ARE NOT ALLOWED TO REFUND OR TRANSFER THE VIRTUAL ITEMS TO OTHER
SERVICES, PRODUCTS.
8.7 We have
right to set out or modify rules in connection with virtual items and other
transaction from time to time according to various factors, including, without
limitation to transaction limits, number of transactions. You understand and
confirm that the above mentioned set out or modifications may cause some
inconvenience to you, and that you have no objection to this.
8.8 We do
not encourage minors to use virtual currency Services. If you are a minor, you
should ask your guardian(s) to operate or operate with the expressed consent of
your guardian(s). Otherwise, this virtual currency Service cannot be used.
8.9 You
shall be responsible for losses arising from our inability to provide virtual
currency Service or any issues in providing virtual items caused by the
following reasons:
• Due to loss, ban
or freezing of your account;
• That you disclose
your password to others;
• Due to faults of
payment channel institution;
• Caused by
intentional or gross negligence or violation of laws and regulations of other
users;
• Other reasons
caused by yourself;
8.10 You may
receive some virtual gains in the course of using our Services, such as points
(changes in the virtual gains name do not affect the effectiveness of this
agreement). Unless otherwise agreed between you/your agent and us, you are only
allowed to use virtual gains supported by our Service according to our Policy
as disclosed on our Service interface, such as exchange into virtual items. We
reserve the right of final interpretation on such virtual gains and related
policy terms. We have the right to adjust virtual gains policies from time to
time without prior notice. You agree to be bound by the latest Policies as
disclosed by us. Unless otherwise provided hereof, the virtual items cannot be
used for any other purposes, including unable to conduct virtual items
transactions with third parties, or trading on third-party platforms. If you
violate the foregoing requirement, we will not be liable for any loss to you or
a third party, and if we reasonably suspect that your Account or usage has
cheat operation or abnormal status, we reserve the right to suspend, terminate
your use of, deduct, virtual gains and pursue your liabilities accordance to
this Agreement.
8.11 Under
the following circumstances, We reserve the right to deduct your corresponding
virtual gains:
• If the recharge
of the virtual currency is determined by the bank, payment channel, or court as
invalid;
• Chargeback or
refund initiated by end user of this Platform is permitted subject to decision
of Banks, payment gateway, courts, arbitration tribunal, or us;
• “Real world”
money used for recharge is considered illegal or improper gains, and we are
required by the court and other institutions to refund ;
• Other
circumstances that caused the virtual currency to be returned or refund.
8.12 In the
event of any violation of this Agreement, laws and regulations by you, we
reserve the right to temporarily or permanently suspend, freeze your account
and deduct the remaining virtual items and virtual gains on your account
partially or wholly, and not compensate your losses, damages.
8.13 You
acknowledge and agree that if you voluntarily cancel your account, your virtual
items, virtual gains, virtual gift, game currency, etc. will be waived
automatically. We will not return the corresponding cash value and will not
make any compensation.
9.
Data Storage
9.1 We are
not responsible for the deleting or storage failure of your data in this
Service.
9.2 We can
determine the maximum storage time length and storage space of your data in the
Service according to various factors. You can back up the relevant data of this
Service according to your own needs.
9.3 If you
discontinue using the Service, or if the Service is terminated or ended, we can
permanently delete your data from our server, and we are not obligated to
return any data to you.
9.4 You can
modify or delete your personal data, registration information and Content
uploaded, distributed by you. Please note that deleting relative information
will lead to delete of Contents stored in the system. You are responsible for
this risk.
10.
Risk
10.1 You
understand and agree that the Software only provides you with a platform for
information sharing, transmission. You are responsible for all actions under
your Account, including any content you transmit and any consequences resulted.
You should personally judge the content of the software and Service and bear
all risks arising from the use of the Service, including risks arising from the
reliance on the correctness, completeness or usefulness of the Content. We
cannot and will not be liable for any losses caused by your behavior.
10.2 If you
find anyone who violates this agreement or uses the Service in other improper
ways, please tell us immediately and we will deal with them according to this
Agreement.
10.3 You
understand and agree that we reserve the right to change, suspend, terminate,
update all or an feature of the Service in our sole discretion according to
various factors without prior notice.
11.
Intellectual Property
11.1 You
acknowledge that intellectual property rights in and relating to our Services
(other than Content which is contributed and owned by advertisers) is owned by
us, unless you have legally acquired intellectual property rights in the
Content posted by you on our Software before using our Services.
11.2 Unless
otherwise provided, the copyright, patent and other intellectual property
rights of the Software are owned by us.
11.3 the
copyright or trademark rights of the graphics, text or its components involved
in the Service, and other Software logos and product and Service names
(hereinafter collectively referred to as the “Software Logo”), are owned by us.
You are not allowed to display or use the Software logo in any way without our
prior written consent, and you must not indicate to others that you have the
right to display, use, or otherwise modify with the Software logo.
11.4 The
above and any other intellectual property rights owned by us or related
advertisers are protected by law and you are not allowed to use or create derivative
works in any form without the written permission of us or the relevant
advertisers.
11.5 Unless
otherwise agreed in writing by the company and you/your agent, you own the
intellectual property rights in connection with Content uploaded by you such as
text, images, videos, audio, photograph, and you agree to authorize us and our
affiliates an irrevocable, permanent exclusive, royalty-free, worldwide,
sub-licensable right to use, display and reproduce the aforesaid Content for
commercial or non-commercial purposes, including but not limited to adapt,
display, broadcast, rent, copy, film, translate ,or place such Content on
Internet. We can choose whether to use and the usage method in our sole
discretion, including but not limited to using and disseminating the above
information on any platform operated by us, editing the above information, and
authorize third party to use, edit, disseminate.
12.
Liability
12.1 If you
have illegal, wrongful, defaulting, tort act, we have the right in our sole
discretion to take any or all of the following measures: to give a warning, to
disable your ability to use some features, terminate your access to the
Software, put you into blacklist, announce your default act,to
deduct, withhold virtual items and virtual gains in part or in whole . If we
adopt to terminate your Account, put you into blacklist, we have the right not
to refund your virtual items, and gains.
12.2 You
understand and agree that we have right to take any remedy measures,
appropriate legal action against your illegal, wrongful, defaulting, tort act,
and disclose relevant information to authorities in accordance with laws and
regulations and you shall bear all results.
12.3 You
understand and agree that any losses, damages, claims of third party arising
out of your violation of this Agreement, shall be paid by you, including
reasonable attorney’s fees.
12.4 You
agree to indemnify, defend and hold harmless us, our affiliates from and
against any and all complaints, demands, claims, damages, losses, costs, liabilities
and expenses, including but not limited to attorney’s fees, arising out of your
access to or use of the Service, your breach of this Agreement.
12.5 We have
the right to choose to apply the aforesaid remedy measures separately or
collectively.
13.
Force Majeure And Other Disclaimers
13.1 You
understand and acknowledge that in the course of using the Service, you may
encounter problems out of our control, which may cause the Service to be
interrupted. We are not liable for any Service suspension, problems, losses out
of our control and expectation, for example natural disasters such as floods,
earthquakes, plague epidemics and storms, and social events such as war,
turmoil, government actions, etc. In the event aforesaid, we will try our best
to cooperate and to repair in time.
13.2 We make
no promises or guarantees that the Services will always safe, reliable, be
available, uninterrupted, or error-free or not-delay. TO THE EXTENT PERMITTED
BY APPLICABLE LAW, WE MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY
KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE DISCLAIM ANY WARRANTIES
OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT,
MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. We do not
control or manipulate actions of you and others, nor are we responsible for any
of their content (whether online or offline) and any content they share
(including offensive, indecent, obscene, illegal, and other contentious
content).
13.3 Like
most Internet Services, our Service may be affected by various security issues,
including but not limited to internet Service quality, social environment,
other software, websites you download, install, visit may contain viruses such
as "Trojan horses" that threaten the security of your computer
information and data, which in turn affects the normal use of the Service. You
should strengthen the protection of information security and user data, and pay
attention to strengthen password protection to avoid loss and harassment.
13.4 You
understand and acknowledge that the Service has interruptions due to
unavoidable issues, computer virus or hacking, system instability, your
location, your shutdown, and any other technology problems, internet problems,
telecom operate problems, etc. We shall not be liable for any losses caused due
to the aforesaid interruptions.
13.5 You
understand and acknowledge that there may be some misleading, deceptive,
threatening, defamatory, offensive or illegal information, or infringement
information of the rights of others in the course of using the Service. We do
not assume any responsibility for any losses of you or any third party
resulting from aforesaid information or act.
13.6 You
understand and acknowledged that we may maintain, update, and repair features
or this Software on a regular or irregular basis. If the service is interrupted
within a reasonable period of time due to such circumstances with prior notice,
we shall not be liable for this.
13.7 Unless
otherwise provided by law and regulation, we have rights but no obligation to
handle any defaulting, tort, illegal act of third party and we cannot guarantee
that the foresaid defaulting, tort, illegal act of third party shall be found,
handled in times.
13.8 You understand
and acknowledge that we are not responsible for any defects in the quality of
the products or Services offered to you and any damages caused by the free
products or Services gifted to you.
13.9
NOTWITHSTANDING OTHERWISE PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT WE
ARE NOT LIABLEFOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY
WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES;
ORFOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND
OPERATORS OF EXTERNAL SITES. IN ADDITION, ALL COMPENSATION, REMEDY,
LIABILITIES, REGARDLESS OF ANY MANNER, REASON, SHALL NOT EXCEED ALL FEES PAID
BY TO US (IF APPLICABLE)
13.10 You
acknowledge and understand that there may be personal and property security and
transaction dispute risks if you meet, trade with other users offline, off the
platform. We are not liable for the above risks or losses, and you must bear
all responsibility.
14.1 We
remind you to read this Agreement carefully, especially clauses in connection
with disclaimer, risks, limitation of you rights and our liability. If you are
a minor, pleases read with accompany of your guardian(s).
14.2 You
understand and agree that other statements, rules published by us in the
software are deemed to be supplemental to these rules and are an integral part
of these Rules and have the same legal effect as this Agreement.
14.3 The company shall be governed by and construed in accordance with the laws of INDIA.Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the INDIA International Arbitration Centre (“IIAC”) under the IIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
14.4 The
invalidity or unenforceability of any provision of this Agreement shall not in
any way affect or impair the validity or enforceability of the remaining
provisions. If any provision of this Agreement is declared invalid or
unenforceable by competent authorities, the Parties shall use their best
endeavors to agree upon a replacement provision so as to substantially
effectuate the commercial purpose of the original provision.