Welcome to the online services operated by Joyful Lion Limited ("we"). This Terms of Use Agreement (collectively, the "Agreement") constitutes a binding agreement between us and you and governs your use of any mobile applications, games and social networks ("Applications"), any websites that reference this Agreement ("Websites"), and other services we provide through the Applications or Websites (the Applications and Websites are collectively referred to as the "Services").
Certain parts of the Services may be subject to additional terms and conditions that we may specify from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference.
By accessing and using the Services, you represent and warrant that you are of legal age to enter into a binding contract; if you are not of legal age, you have obtained the permission of your parent or legal guardian to access and use the Services; and you are not an individual prohibited from using or receiving the Services under any local, state, federal or international law.
We may modify or change this Agreement at any time at our sole discretion without notice. Unless we indicate otherwise, these modifications or changes will be effective when they are first posted, and applicable modifications or changes will not apply to any disputes that we actually notify before the applicable modifications or changes become effective. We indicate at the top of the page when this Agreement was last updated. Please be sure to return to this page regularly to ensure familiarity with the latest version of this Agreement. Your continued access or use of the Service or Website after this Agreement has been changed will be deemed to be acceptance of the applicable changes. If you do not agree to any of the terms of this Agreement or any future agreement, please do not use or access (or continue to access) the Service.
Personal information submitted through the Service or Website is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices regarding your personal information.
In order to participate in or receive certain parts of the Service (including but not limited to the Application), you need to create an account with us ("Account"). Your account is for your personal, private, and non-commercial use only, and you may not authorize others to use your account for any purpose. When creating your account, you guarantee that all information you provide is complete and accurate. You agree to update your information when necessary or required, and you further agree not to use the account of others without permission. You are responsible for maintaining the confidentiality of your account and password and for limiting access to it, and you agree to accept full responsibility for all activities that occur under your account or password.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend or terminate your account and/or your access to any or all Services at any time, for any or no reason, or without prior notice and without liability, including if we cease to provide any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any portion of the Services if we determine, in our sole discretion, that you have violated any term of this Agreement.
You acknowledge and agree that by accessing or using the Services, you assume full responsibility for all risks of loss and personal injury arising from your use of the Services, including, but not limited to, any online or offline communications and personal interactions with other users or members of the Services. It is your responsibility to take all advisable and necessary precautions when interacting with individuals you encounter or come into contact with through the Services.
We and our licensors retain exclusive ownership of the Services and the Website and all content and materials related to the Services and the Website (except for Personal Content as described below) and all related rights.
Subject to your full compliance with this Agreement, we hereby grant you a limited, non-exclusive, revocable, personal and non-transferable license to access and use the Services and the Website for your personal, non-commercial use. We retain all right, title and interest in and to the Services and the Website, subject only to the limited license granted to you above.
(a) engage in criminal or tortious activity, including child pornography, fraud, trafficking in obscene materials, drug trafficking, gambling, harassment, stalking, spamming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
(b) abuse or harass any other user, member, or individual;
(c) collect, harvest, store, or publish personally identifiable information about other users;
(d) impersonate any person or entity;
(e) solicit personal information from anyone under the age of 18;
(f) use misleading email addresses or mobile phone numbers or forge information in any part of any communication related to the Service or the Site;
(g) engage in any activity that could impair the stability or availability of the Service or the Site, or use the Service or the Site to impair the availability or stability of any third-party website or service;
(h) use the Service or the Site for any unsolicited advertising or promotion;
(i) Use automated means, including spiders, robots, crawlers or similar means to download data from the Service or Website or any related server or database;
(j) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service or Website or any portion thereof;
(k) circumvent any security measure or any payment collection method employed on or through the Service or Website, or access or use the Service or Website after termination or suspension of your account with us, this Agreement, or your access rights;
(l) upload, post, email, or otherwise transmit or post any content or material, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
(m) upload, post, email, otherwise transmit or post any content that is infringing, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, pornographic, defamatory, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable; Links to content or material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary right of any person, or any content or material that facilitates, induces or promotes such infringement;
(n) Upload, post, email, otherwise transmit or post any links to content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs, or repeated message requests designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to degrade the quality, interfere with the performance or impair the functionality of the Site, the Services or any third-party software, websites, equipment or services;
(o) Upload, post, email, otherwise transmit or post any links to content or material that violates any applicable law, statute, ordinance or regulation, or that we deem inappropriate under our guidelines and policies;
The Services and Site may contain hyperlinks or banner advertisements to third-party websites, content and/or resources (“Resources”). You acknowledge and agree that we have no control over and are not responsible for the availability of these resources, and we do not endorse any advertising, products, or other materials on or available from these resources. Because we do not control the activities of these resources, we cannot be responsible for any use of your personal information by these resources, and cannot guarantee that they will adhere to the same privacy and security practices as we do. If you visit or link to a resource, you should review the terms and conditions and privacy policy of that resource before providing any personal information.
The opinions, advice, statements, offers, or other information or content provided by other members or users through the Services are those of their respective authors and are not necessarily reliable. These members and users are solely responsible for their content.
Certain aspects of the Services may allow you to earn points, data, or other fictitious property representing virtual achievements ("Virtual Property"). Virtual Property has no real-world value and cannot be redeemed for actual currency, goods, or other items of monetary value, including unused Virtual Property remaining in your account at the time your account is closed, whether such closure was voluntary or involuntary. You understand and agree that, regardless of the term used, the purchase or acquisition of Virtual Property constitutes a limited license, subject only to the terms of this Agreement, and may be distributed at our discretion, and does not transfer ownership of the Virtual Property to you. You acknowledge that you do not own the account used to access the Service, nor do you have any access to or rights to the data stored on any server by us or on our behalf, including, without limitation, any Virtual Property representing or embodying some or all of your Virtual Property. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate Virtual Property as we see fit
a. Submitting Content. Certain areas of the Service may allow you and other users to post content, comments, questions and other information ("User Content"). You acknowledge and agree that your communications with other users or members through Service or Site chats, conferences, bulletin boards, blogs, postings and any other publicly accessible communication channels are public and not private communications. Therefore, we strongly encourage you to exercise caution before disclosing any personal information about yourself ("Personal Content", together with User Content, "Content") in public communications. You are solely responsible for the content you upload, publish, display, link to or otherwise make available (hereinafter, "post") on or through the Service. You understand and agree that all content publicly posted or privately transmitted through the Service is the responsibility of the party from whom the content originated, and we assume no responsibility for any errors or omissions in such content. You further understand and agree that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Service, or any data that any such user may provide about themselves.
We reserve the right to refuse to transmit or post and to disclose, block or remove any content or material, including, without limitation, any content that we, in our sole discretion, believe violates this Agreement, our policies and procedures, or is otherwise harmful to persons using the Service or the Site, whether or not the material or its dissemination is illegal. In addition, we may take reasonable steps, including, without limitation, limiting or filtering the number of emails, chat messages or posts sent or received by users or members.
b. Your Representations and Warranties Regarding Your Content By posting Content on or through the Services, you represent and warrant that:
(i) neither we, our clients, licensees or business partners will be required to pay any amount in connection with Your Content, including, without limitation, to you, third parties, music publishers, mechanical copyright agents, performing rights societies, labor unions or guilds, or your licensors or anyone who contributed to or appears in Your Content;
(ii) you have all the right, power and authority to post Your Content and have obtained all necessary third-party consents, licenses and permissions to post Your Content and to grant us the rights and licenses set forth below; and
(iii) Your Content (A) is not defamatory; (B) does not infringe, misappropriate or violate the rights of any third party, including, without limitation, any intellectual property right, right of publicity or any other privacy or proprietary right; and (C) does not violate any law, rule, regulation or ordinance.
c. Rights in Content. By uploading, providing or submitting Content, you grant us and our business partners and affiliates a royalty-free, perpetual, irrevocable, worldwide, assignable and transferable right and license to reference, republish, use, copy, reproduce, modify, create derivative works from, incorporate into other works, distribute, transmit, broadcast, communicate, publicly display, publicly perform and otherwise exploit your Content in any format or media now known or hereafter created, anywhere, without any notice or compensation to you, regardless of who you are. In addition, you grant each user of the Service a non-exclusive license to use, modify, reproduce, distribute, prepare derivative works from, display and perform any Content as permitted by the functionality of the Service. You hereby grant us and other users of the Service all consents, rights and permissions to enable us to use your Content for these purposes. Without limiting the foregoing, we may:
(i) host Your Content on our servers and on the servers of third-party service providers we engage to host the Services and the Website and display Your Content, in whole or in part, alone or in combination with content provided by third parties, to other users of the Services or the Website;
(ii) re-encode Your Content as necessary to accommodate different mobile phones, which may reduce the sound quality of your music and/or video files;
(iii) edit Your Content to ensure that it complies with our policies and guidelines; and
(iv) use any trademarks, service marks or trade names contained in Your Content and the likeness of any individual’s performance or image contained in Your Content.
d. Unsolicited Content. We appreciate hearing from our customers and welcome their comments about our services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those specifically requested. We hope you understand that the purposes of this policy are at our sole discretion. All data on our or our business partners’ servers may be deleted, altered or transferred.
Regardless of any value you or any third party assigns to such virtual property or data, you understand and agree that any virtual property, data, account history and account content on our servers may be deleted, altered, moved or transferred at any time, at our sole responsibility, for any reason, with or without notice, and without liability.
You may cancel your user account with us at any time; however, no refund will be given upon cancellation. As permitted by the terms of this Agreement, we have the right to suspend or terminate your account, terminate this Agreement and/or refuse any and all current or future use of the Services at any time, for any reason or no reason, without prior notice, refund, obligation or liability to you. If we suspend or terminate your account or this Agreement, you understand and agree that you will not receive a refund or exchange from us.
In consideration for the limited license and rights granted to you under this Agreement, you agree that (a) we and our business partners may provide you with advertisements, promotions, offers and other information via email or other communications; (b) we may allow the Service to utilize the processor, bandwidth and storage hardware on your device to facilitate (i) the communication and transmission of content and other data or functionality to you and other users of the Service; and (ii) the operation of the network that runs the Service. You may opt out of receiving promotional information from us and our business partners at any time by changing your account settings or clicking the "unsubscribe" link in any email containing such promotional information.
We reserve the right to terminate or restrict this Agreement or your account, or your access to or use of the Services or the Website, without liability, with or without notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that we are not liable to you or any third party for any interruption or termination of your access to the Services or the Website. All decisions regarding the termination of this Agreement or your account are made at our sole discretion. We are not obligated, and may be prohibited, from disclosing to you the reasons for terminating this Agreement or your account.
If you have any questions about your account or the Services, please contact [email protected]. We will make commercially reasonable efforts to maintain the normal operation of your account and the Services. However, certain technical difficulties or maintenance may cause temporary interruptions from time to time. We reserve the right to modify or discontinue, temporarily or permanently, the functions and features of the Services and the Website at any time without notice. We shall not be liable to you or any third party for any direct or indirect consequences of any modification, failure, suspension, discontinuation or interruption of the Services or the Website. Please note that mobile applications associated with the Services may only be used on supported devices and require that you use the latest version of the applicable mobile application. You are responsible for any third-party equipment, hardware or software required to use the Services.
The Services and Websites are provided "as is" and we expressly disclaim any implied warranties to the fullest extent permitted by applicable law, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. To the extent that applicable law prohibits the disclaimer of implied warranties in the Terms of Use, the applicable implied warranties shall be limited to the minimum warranties and warranty periods required by law. We cannot guarantee and do not promise that the use of the Services or Websites will produce any specific results. Without limiting the foregoing, we do not guarantee that the Services or Websites will be uninterrupted or error-free.
We make no representations or warranties regarding the conduct of users or members or their compatibility with any existing or future users or members. We do not (a) guarantee the accuracy, completeness or usefulness of any information provided by members or users through the Service; (b) adopt, endorse or assume responsibility for the accuracy or reliability of any opinion, advice or statement made by members or users through the Service; (c) make any representation or warranty that use of the Service will be 100% secure, uninterrupted or error-free; or (d) that the servers or emails sent from or on behalf of Joyful Lion Limited are free of viruses or other harmful components.
We do not provide or guarantee, and expressly disclaim, any value, whether in cash or otherwise, to any virtual property or data on our servers.
In no event shall we be liable to you or anyone else for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, arising out of your use of or inability to use the Service or the Site, even if we have been advised of the possibility of such damages. You further agree that you will indemnify us and hold us harmless from any and all claims, damages, liabilities and expenses if you find content from other users or members that is offensive, harmful, obscene, inaccurate or deceptive. In no event shall our liability to you for any claim or action, regardless of the form of action, whether arising in contract, tort or otherwise, exceed the amount paid by you to us, if any, during the 90-day period immediately preceding the date on which the applicable claim was asserted by you. The foregoing limitations shall apply to the maximum extent permitted by applicable law.
You agree to indemnify and hold us, our parent, subsidiaries and affiliates, and our shareholders, directors, officers, employees, agents, contractors, licensors and licensees harmless from any loss, liability, claim, demand or expense, including, without limitation, reasonable attorneys’ fees, incurred by any third party arising out of or in connection with your use of the Services or the Site or any breach or violation of this Agreement.
You understand that the Services are provided in Hong Kong, China. This Agreement shall be interpreted in accordance with the laws of Hong Kong, China, excluding its conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in Hong Kong, China. You agree to submit to the jurisdiction of Hong Kong, China. If we or you employ any attorney to enforce any rights under this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.