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This Terms of Use( the “Agreement”) is a contract between you and Action First Holding Limited (“We”, “our” or “us”) and we want you to know yours and our rights before you use our application (the “App” or “Software”)and related services( the “Service”). This Agreement does not apply to any third-party websites, services or applications, even if they are accessible through our Services.
once you access, view or use the App, we consider you to consent the terms and conditions described in this Agreement. If you do not agree with this Agreement, please stop using the App immediately.
We have the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, we will treat your use as acceptance and compliance with the updated terms.
2.Content
Content Prohibited
As the App users, you and other users may submit photos, text and any other materials (collectively “Content”) to the App. We want our users to be able express themselves as much as possible and post all sorts of things on the App, but we have to impose restrictions on the Content which:
a. contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
b. is obscene, pornographic, violent or otherwise may offend human dignity;
c. is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
d. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
e. is defamatory or libelous;
f. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
g. contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from the App or otherwise;
h. itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
i. shows another person which was created or distributed without that person’s consent;
j. may be considered to violate any law or regulation in your home country.
Your Content
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal information on your individual profile page whether in relation to you or any other person (for example, real names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, you shall be solely responsible for your own behavior. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. As this App is a public community, Your Content will be visible to other users of the App all around the world instantly, so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other users).
By uploading, transmitting or displaying Your Content on the App, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you. We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Other user’s Content
Other users of the App will also share Content via the App. Other User’s Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing such Content. You do not have any rights in relation to Other User’s Content, and you may only use other the App users’ personal information to the extent that your use of it matches the App’s purpose of allowing people to meet one another and complies with applicable law and regulation and this Agreement. You may not use Other User’s Content and information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse Other User’s Content. If you have a complaint about Other User’s Content, please contact us at [ ].
3.Our Intellectual Property Rights
1)The App is developed by us independently. You acknowledge and agree that we retain all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests with regard to this App. The App and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by copyright, trademark, patent, anti-unfair competition law in the applicable country and relevant international agreements.
2)You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of us (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so) and this App. We reserve the right to charge the tort liabilities.
3)You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the App, or create derivative works of the App, the Services, plugins, extensions, compatibility, interconnection behaviors, etc. We reserve the right to charge the tort liabilities, unless you have been obtained our prior written consent.
4.Scope of the App License
1)We grant you a personal, revocable, non-transferable and non-exclusive license to use the App. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the App or use the Service on your smart mobile end-device, including but not limited to tablet, smart phone (“end-device”) for non-commercial purposes.
2)You may not use the App under the following conditions:
you shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way;
you shall use the App for lawful purposes only;
you shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App;
you shall not conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test the App system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the App system normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.
3)You may not use the App in a way that may lead to damage, suspension, overloading or quality reduction to the App (or server and internet connected to the App), or in the way that may affect the Service provided.
4)You promise not to copy, grant a sub-license, share or sell the App or the Service to any others. You are fully responsible for any fees and expense arising therefrom.
5)We reserve all rights not expressly granted to you. And this license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.
5.Privacy
For information about how we collect, use, and share your personal data, please check out our Privacy Policy. You agree that we can use such data in accordance with our Privacy Policy.
6.User Age Restrictions
The App does not directly target any juvenile users. If you are a juvenile user and decide to use the App any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the App under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use the App in a correct way.
7.Paid Service
1)For any paid service offered by us (“Paid Service”), we accept payment via the current payment method indicated prior to purchase, which may include Google Pay and any other form of payment that we make available to you from time to time. You must have a valid accepted form of payment on file in order to purchase Paid Services. You agree to abide by any relevant Terms of Service or other legal agreement whether with Google or a third party, that governs your use of a given payment processing method. Prices for any Paid Service may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order. We will charge your credit card or other form of payment for the price listed on the relevant Paid Service offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the billing period, we reserve the right to immediately revoke your access to any Paid Service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, we may cancel your Paid Service.
2)Please be aware that, as soon as you purchase the Paid Service, we will not refund the payment to you whether or not you use this Service.
8.Disclaimer
1)You acknowledge and agree that the App may have potential risks like service interruption, failure to respond to user’s request, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
2) We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
3) In view of business development and adjustment, we reserve the right to amend or terminate the Service without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
4) The Service which is not officially released or authorized by us and the derivative works of us are illegal. user’s downloading, installation, and using this App may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
5) You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
9.Indemnification
1)All the actions you make and information you post on the App remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or willful misconduct by you;
your access to and use of the App;
the uploading or submission of Content to the App by you;
any breach of this Agreement by you; and/or
your violation of any law or of any rights of any third party.
2)We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
10.Miscellaneous
1)Without written authorization from other side, user may not assign or transfer the rights granted by these Terms, or assign the designated responsibilities and obligations to others.
2)The validity and interpretation of these Terms is applicable to laws of the People’s Republic of China (“PRC”). If any provision in these Terms conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both we and users agree to resolve the issues arising from these Terms through consultation. If consultation fails, either side can submit the issues to arbitration in accordance with this clause, then any such dispute will be finally and exclusively settled by the China International Economic and Trade Arbitration Commission (“CIETAC”) South China Sub-Commission for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
3) We reserves the final interpretation right on these Terms.
11.Contact Us
If you have any questions about the Service or this Agreement, or if you would like to obtain a previous version of the current document, feel free to contact us at [ ].