HUGU
– TERMS OF SERVICE
1.
INTRODUCTION
Welcome to HUGU!
Your use of HUGU is subject to these Terms of Service (these
" Terms"). Thank you for reviewing these Terms – we hope
you enjoy using HUGU.
If you have any
question about, or if you wish to send us any notice in relation to, these
Terms, please contact us at 【k7510@outlook.com】.
1.1
Compliance with these Terms
These Terms apply to you if you are a user of HUGU anywhere in the world.
Please review these Terms and our policies and instructions to understand
how you can and cannot use HUGU. You must comply with these
Terms in your use of HUGU and only use HUGU as permitted by applicable laws and regulations, wherever you may be
when you use this software.
If you do not agree to these Terms, you may not use HUGU and must immediately terminate your use of this
software and all services.
1.2
Contracting Entity
By using HUGU, you are agreeing to be bound by these Terms between
you and Meet Tech Co., Ltd, a company incorporated under the law of the Hong
Kong with its registered office at Room 1501, Lower Building, Xinjiyuan Square,
181 Queen's Road Central, HongKong, PRC. (" we",
" our" and " us").
We may specify in certain of our HUGU service-specific terms that you are contracting with
one of our affiliate companies or Service Providers (instead of us) in relation
to your use of the relevant HUGU service or feature to which the relevant
service-specific terms apply. Where this is the case, the relevant contracting
entity will be identified in the relevant HUGU service-specific terms, and these Terms (and those
relevant service-specific terms) will apply between you and that identified
contracting entity in relation to your use of the relevant HUGU services or features.
The services of HUGU are not for use by anyone under the age of【18】.
To use the services, you agree that: (i) you must be
the “Minimum Age” (described below) or older; and (ii) you are not already
restricted by us from using the services provided via HUGU.
We may change the Minimum Age from time to time based
on our sole discretion. Where this is the case, the users of HUGU who were below the new Minimum Age when they started
using the services under a previous Terms of Service may continue to use them,
as they have already reached the new Minimum Age since then.
“Minimum Age”
means 【18】 years old.
However, if applicable law requires that you must be older in order to lawfully
use HUGU without
parental consent (including using of your personal data) then the Minimum Age
is such older age.
1.4
Other general terms in relation to these Terms
We may translate these Terms into multiple languages,
and in the event there is any difference between the English version and any
other language version of these Terms, the English version will apply (to the
extent permitted by applicable laws and regulations).
2. ADDITIONAL
TERMS AND POLICIES
We offer a
diverse range of services and features within HUGU, so in
addition to these Terms, there may be certain additional terms and policies
that may be applicable to your use of all or part of HUGU, as set out in
this section and as otherwise notified to you from time to time. These
additional terms of service and policies all form part of and are incorporated
into these Terms.
2.1
HUGU policies
Besides these Terms, you must also comply with HUGU Privacy Policy which sets out how we collect, store and use
your personal information in using HUGU.
2.2
Terms applicable to
specific HUGU features
Some of our
services and features may have additional terms specific to their use (as
notified by us to you), and you must comply with such additional terms in your
use of such services and features, as well as these Terms.
2.3
Inconsistencies
To the extent that any additional terms or policies
are different from these Terms, the relevant additional terms or additional
policies will apply, except that nothing in those additional terms or policies
will (unless expressly indicated otherwise in those additional terms or
policies) amend the following sections of these Terms:
·
"Changes
to these Terms and HUGU";
·
"Our
Intellectual Property Rights"; and
·
"Liability
for HUGU".
3.
CHANGES TO THESE TERMS AND HUGU
We may make changes to these Terms above from time to
time, so please come back and review them.
In addition, as HUGU and user experiences are constantly evolving, we may
from time to time (and to the extent permitted by applicable laws and
regulations) add, change or remove features from HUGU (including in relation to whether a service is free
of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or HUGU are reasonably material, we will (where reasonably
practicable) notify you of such changes by posting them on our website, through
our services or by sending you an email or other notification, and we will
indicate when such changes will become effective. By continuing to use HUGU after we make any change to these Terms or HUGU, with or without notice from us, you are agreeing to
be bound by these revised Terms. If you object to any changes, you may close
your account.
4.
YOUR ACCOUNT
You will need to create an account with us in order to
access and use HUGUvia 1） using your
existing account opened at third party social media platforms (such as Facebook
or Google) and 2) registering and logging in as visitors. Under the
circumstance you choose 1), we will have the right to access, collect and use
your information relating to these third party accounts.
Any account that you open with us is personal to you
and you are prohibited from gifting, lending, transferring or otherwise
permitting any other person to access or use your account. Your account name,
user ID and other identifiers you adopt within HUGU remains our property and we can disable, reclaim and
reuse these once your account is terminated or deactivated for whatever reason
by either you or us.
You are responsible for: (i) safeguarding your account
details, including any password used to access your account and HUGU, and (ii) all use of HUGU under your account. You must promptly notify us at【k7510@outlook.com】 if you
know or suspect that your password or account has been compromised. We will
regard all use of your account on HUGU as being by you, except where we have received and
acknowledged your notification to us regarding your account/password being
compromised.
HUGU may offer methods for deactivating
your service-specific account – please refer to HUGU for further
guidance (if available) from time to time.
Please note
that when you login as a visitor, there is always a risk of loss of both your
account and any interests linked with the account, such as gold coins you
prepaid. Therefore, we highly recommend you login through Facebook or Google
account, to avoid any risk of loss of information and gold coins.
You may, from
time to time, make payments to us or third parties as part of your use of HUGU (including for
the provision of HUGU or provision
of certain additional features within HUGU). We may set
out further terms applying to such payments (including in relation to refunds
(if any), billing arrangements and any consequences of failing to make timely
payments). You must comply with all such terms in relation to your payments to
us. You agree that you are solely responsible for all fees and taxes associated
with any such payments, and that pricing and availability of items and products
are subject to change at any time.
SUBJECT TO
MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A
PARTICULAR ITEM OR PRODUCT WITHIN HUGU, IN NO
CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY
YOU TO US IN RELATION TO ANY ITEMS OR PRODUCTS WITHIN HUGU (WHETHER USED
OR UNUSED).
We may process
payments from you in HUGU via a third
party service and you agree to comply with that relevant third party's terms
and conditions in relation to the payment processing service, as further set
out in the "Third Party Content and Services" section below.
Also, you agree
that:
·
your purchase
may be subject to foreign exchange fees or differences in prices based on
location (e.g. exchange rates); and
·
we may
calculate taxes payable by you based on the billing information that you
provide us at the time of purchase.
6.
YOUR CONTENT
When you submit, upload, transmit or display any data,
information, photograph or other content in connection with your use of HUGU (" Your Content"), you
understand and agree that:
·
you will
continue to own and be responsible for Your Content;
·
we will not
sell Your Content to any third party;
·
Your Content
will be shared with other users of HUGU in many ways. For example, Your Content will be seen
by other users of HUGU once you have uploaded Your Content to HUGU;
·
you are giving
us and our affiliate companies the right to use Your Content (with no fees or
charges payable by us to you) solely for the purposes of providing, promoting,
developing and trying to improve HUGU and our other
services, including new services that we may provide in the future;
·
in using Your
Content for these purposes, we and our affiliate companies may copy, reproduce,
host, store, process, adapt, modify, translate, perform, distribute and publish
Your Content worldwide by all distribution methods, including those that are
developed in the future;
·
we may share
Your Content with third parties that we work with to help provide, promote,
develop and improve HUGU, but these third parties (other than our affiliate
companies) will not make any separate use of Your Content for their own
purposes (i.e. for any purposes that are not related to HUGU);
In addition, you agree that we and our affiliate
companies (subject to these Terms, our HUGU Privacy Policy and applicable laws and regulations):
You understand that even if you seek to delete Your
Content from HUGU, it may as a technical and administrative matter take
some time or not be possible to achieve this – for example, we may not be able
to prevent any third party from storing or using any of Your Content that you
have made public via HUGU.
We reserve the right to block or remove Your Content
for any reason, including as is in our opinion appropriate or as required by
applicable laws and regulations.
You are solely responsible for Your Content and we
recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the
rights required to submit, transmit or display Your Content, and to grant us
the rights as set out in these Terms; and (ii) Your Content (and our use of
Your Content in accordance with these Terms) does not infringe or violate the
rights of any person or otherwise contravene any applicable laws or
regulations.
HUGU is not a storage service. You agree that we have no
obligation to store, maintain or provide you a copy of any content or
information that you or others provide, except to the extent required by
applicable law and as noted in HUGU Privacy Policy.
7.
INFRINGEMENT OF RIGHTS
We may respond to notices of alleged infringement of
rights (including infringement of intellectual property rights, defamation and
infringement of other civil rights) and other claims and demands. If you have
any such infringement-related concerns, please contact【k7510@outlook.com】.
8.
THIRD PARTY CONTENT AND SERVICES
We are not responsible for and we do not endorse,
support or guarantee the lawfulness, accuracy or reliability of any content
submitted to, transmitted or displayed by or linked by HUGU, including content provided by users of HUGU or by our advertisers. You acknowledge and agree that
by using HUGU, you may be exposed to content which is inaccurate,
misleading, defamatory, offensive or unlawful. Any reliance on or use of any
content on or accessible from HUGU by you is at your own risk. Your use of HUGU does not give you any rights in or to any content you
may access or obtain in connection with your use of HUGU.
We also do not guarantee the quality, reliability or
suitability of any third party services provided, made available, advertised or
linked through HUGU and we will bear no responsibility for your use of or
relationship with any such third parties or third party services.
We may review (but make no commitment to review)
content or third party services made available through HUGU to determine whether or not they comply with our
policies, applicable laws and regulations or are otherwise objectionable. We
may remove or refuse to make available or link to certain content or third
party services if they infringe intellectual property rights, are obscene,
defamatory or abusive, violate any rights or pose any risk to the security or
performance of HUGU.
There may be,
from time to time, third party content and services on HUGU that are
subject to further terms – for examples, terms from the relevant third party
that originally produced or created such content or service, or terms from the
relevant third party in relation to promotional activities being held on HUGU. You agree to
comply with any such further terms and conditions as notified to you in
relation to your use of such third party content and services.
9.
ADVERTISING CONTENT ON HUGU
HUGU may include advertising or commercial content. You
agree that we are allowed to integrate, display and otherwise communicate
advertising or commercial content in HUGU.
10. OUR
INTELLECTUAL PROPERTY RIGHTS
All
intellectual property rights in or to HUGU (including any future updates, upgrades and new
versions to HUGU), will
continue to belong to us. Except as expressly provided in these Terms, you have
no right to use our intellectual property rights. In particular, you have no
right to use our trademarks or product names, logos, domain names or other
distinctive brand features without our prior written consent. Any comments or
suggestions you may provide regarding HUGU are entirely voluntary and we will be free to use
these comments and suggestions at our discretion without any payment or other
obligation to you.
You may not copy, modify, reverse compile, reverse
engineer or extract source codes from HUGU, except to the extent that we may not prohibit you
from doing so under applicable laws or regulations or you have our prior
written consent to do so. Where applicable laws or regulations entitle you to
reverse compile or extract source codes from HUGU, you will first contact us to request the information
you need.
We may from time to time provide updates to HUGU. Such updates may occur automatically or manually.
Please note that HUGU may not operate properly or at all if upgrades or new
versions are not installed by you. We do not guarantee that we will make any
updates available for any of HUGU, or that such updates will continue to support your
device or system.
We may in our discretion provide technical support for
HUGU (whether for
free or for a fee). We provide technical support without any guarantee or
warranty of any kind, and subject always to these Terms.
11. USE OF YOUR
DEVICE BY HUGU
In order for us
to provide HUGU to you, we may
require access to and/or use of your relevant device (e.g. mobile phone, tablet
or desktop computer) that you use to access HUGU – for example,
we may need to use your device's processor and storage to complete the relevant
HUGU software
installation, or use your device's camera and microphone to provide video chat
services to you. You agree to give us such access to and use of your device.
You hereby authorize us to collect and use the address
books, contact lists, mail box, system application lists, device information,
and unique device identifiers (IMEI, UDID, or other) contained in the Devices
to which you have downloaded HUGU for purposes of your use of the services.
We will provide further information regarding how HUGU uses and accesses your device within HUGU or in another manner (e.g. via the relevant app store
as part of the installation process for HUGU on your device). You understand that if you do not
provide us with such right of use or access, we may not be able to provide HUGU to you.
Any Personal Information (as defined in the HUGU Privacy Policy) that we use or access within your device will be
treated in accordance with these Terms, including our HUGU Privacy Policy.
You may need an adequate internet connection in order
to authentic your HUGU account or use HUGU. You may also be required to activate certain
functionalities within HUGU in the manner described within HUGU. You may not be able to use certain functionalities
within HUGU if you do not comply with such requirements.
Please note that we are not responsible for any third
party charges you incur (including any charges from your internet and
telecommunication services providers) in relation to or arising from your use
of HUGU.
12.
Do’s and Don’ts
a. comply with all applicable laws, including privacy
laws, intellectual property laws, anti-spam laws, export control laws, tax
laws, and regulatory requirements;
b. strictly follow these Terms; and
c. use HUGU in a good
manner.
12.2
You agree that
you won’t:
a. act in an unlawful or bad manner in connection with HUGU, including
being dishonest, abusive or discriminatory;
b. post defamatory obscene, shocking, hateful, threatening
or otherwise inappropriate content or airing personal grievances or disputes;
c. create a profile for anyone other than yourself (a
real person);
d. use or attempt to use another's account;
e. steal or attempt to steal another’s virtual property,
such as virtual gifts;
f.
harass, abuse
or harm another person;
g. develop, support or use software, devices, scripts,
robots, or any other means or processes (including crawlers, add-ons, or any
other technology or manual work) to scrape HUGU or otherwise
copy profiles and other data from HUGU;
h. bypass or circumvent any access controls or service
use limits;
i.
copy, use,
disclose or distribute any information obtained from HUGU, whether
directly or through third parties (such as search engines), without the consent
of us;
j.
use, disclose
or distribute any data obtained in violation of these Terms;
k. disclose information that you do not have the consent
to disclose (such as confidential information of others);
l.
violate the
intellectual property rights of others, including copyrights, patents,
trademarks, trade secrets, or other proprietary rights;
m. violate the intellectual property or other rights of
us;
n. post anything that contains software viruses, worms,
or any other harmful code;
o. manipulate identifiers in order to disguise the origin
of any message or post transmitted through HUGU;
p. create or operate a pyramid scheme, fraud or other
similar practice;
q. reverse engineer, decompile, disassemble, decipher or
otherwise attempt to derive the source code for HUGU or any related
technology that is not open source;
r. remove, cover or obscure any advertisement included in
HUGU;
s. use bots or other automated methods to access HUGU, add or
download contacts, send or redirect messages;
t.
monitor HUGU’s
availability, performance or functionality for any competitive purpose;
u. access HUGU except through
the interfaces expressly provided by us, such as its mobile applications;
v. use HUGU for tasks that
it is not intended for;
w. override any security feature of HUGU; and/or
x. interfere with the operation of, or place an
unreasonable load on, HUGU (e.g., spam,
denial of service attack, viruses, gaming algorithms).
We warrant to you that we will provide HUGU using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY
APPLICABLE LAWS AND REGULATIONS, HUGU IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE
ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO HUGU OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY
HUGU, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR
UNDERTAKING THAT HUGU WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE
FROM VIRUSES; (II) THAT HUGU WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT HUGU WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR
PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE
EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL
IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
14. LIABILITY FOR HUGU
TO THE EXTENT
PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF
US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS,
OR HUGU, ARISING OUT
OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE HUGU AND IN NO EVENT WILL IT
EXCEED $50.
TO THE EXTENT
PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR
AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
YOU AGREE THAT
YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT,
ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS
AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF HUGU; OR (II) YOUR
BREACH OF THESE TERMS.
15. NO LIABILITY
FOR THIRD PARTIES
As set out in
the "Third Party Content and Services" sections of these Terms,
various third parties may provide certain content, services or software within HUGU.
THESE TERMS
GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD
PARTIES, INCLUDING THOSE FOUND THROUGH HUGU, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE
COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING
ANY CONTENT OR SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN HUGU.
These Terms will apply to your use of HUGU until your access to HUGU is terminated by either you or us.
We may suspend or terminate your access to your
account or any or all of HUGU: (i) if we reasonably believe that you have breached
these Terms; (ii) if your use of HUGU creates risk for us or for other users of HUGU, gives rise to a threat of potential third party
claims against us or is potentially damaging to our reputation; (iii) if you
fail to use HUGU for a prolonged period; or (iv) for any other reason
in our sole and absolute discretion. Where reasonably practicable, we will give
you notice of any suspension or termination.
Upon termination of your access to HUGU (in whole or in part), you will immediately
permanently delete all copies of HUGU to which the termination relates and you will
immediately cease accessing and using HUGU.
Following termination of these Terms, we will only
retain and use Your Content in accordance with these Terms (in particular,
the HUGU Privacy Policy). Where we suspend or terminate all or part of HUGU, or where your access to HUGU is terminated by you or us, we do not guarantee that
we will be able to return any of Your Content back to you and we may
permanently delete Your Content without notice to you at any time after
termination. Please ensure that you regularly back up Your Content.
These Terms are
the entire agreement between you and us in relation to HUGU. You agree
that you will have no claim against us for any statement which is not
explicitly set out in these Terms. The words "include" and "including"
are to be construed without limitation. The invalidity of any provision of
these Terms (or parts of any provision) will not affect the validity or
enforceability of any other provision (or the remaining parts of that
provision). If a court holds that we cannot enforce any part of these Terms as
drafted, we may replace those terms with similar terms to the extent
enforceable under applicable laws and regulations, without changing the
remaining terms of these Terms. No delay in enforcing any provision of these
Terms will be construed to be a waiver of any rights under that provision. Any
rights and obligations under these Terms which by their nature should survive,
including any obligations in relation to the liability of, or indemnities (if
any) given by, the respective parties, will remain in effect after termination
or expiration of these Terms.
No person other
than you and us will have any right to enforce these Terms against any person,
and you may not delegate, assign or transfer these Terms or any rights or
obligations under these Terms without our prior consent. We may freely assign,
transfer or sub-contract these Terms or our rights and obligations under these
Terms, in whole or in part, without your prior consent or prior notice to you.
18.
GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that: (i) any applicable
additional terms incorporated into these Terms provide differently, or (ii) the
applicable laws and regulations of your jurisdiction mandate otherwise (for
example, you may have statutory rights in your jurisdiction in relation to
bringing or defending claims in a local court (including small claims court)):
***END***