Story Case Inc. Terms and Conditions of Use
1.1. “Contents” means information such as artwork, text, illustrations, files, images, software, scripts, design, graphics, photos, sounds, music, videos, filtering effects, stickers, information, content, materials, products, programs, computer codes, QR codes, services, URLs, technology, documentation, and other information
1.3. “Service Contents” means Contents that may be accessed through the Services and interactive features included with or available through our Services.
1.4. “Submitted Contents” means Contents that Users have submitted, transmitted or uploaded on or to the Services.
4.1. When using the Services, you may be required to set up an account by registering certain information as we may think fit and/or necessary and/or appropriate. You irrevocable and unconditional agree to and shall register true, accurate and complete information, and shall revise the same to keep such information up-to-date at all times.
4.2. If you register any authentication information when using the Services, you shall exercise due care in handling such information at your own responsibility to ensure that such information is not used in an unlawful manner. We may treat any and all activities conducted under the authentication information as activities that have been conducted by you with whom the authentication information is registered.
4.3. We reserve the right to delete any account that has been activated for a period of one (1) year since its initial activation, without any prior notice to the applicable User.
4.4. Any and all rights of a User to use the Service shall cease to exist when such User’s account has been deleted for any reason. Please take note that an account cannot be retrieved even if a User has accidentally deleted his/her account.
4.5. Each account in the Services is for exclusive use and belongs solely to the User of such account. Users may not transfer, lease or otherwise dispose their rights to use the Service to any third party, nor may the same be inherited or succeeded to by any third party.
5.1. We place top priority on the privacy of its Users.
6. Provision of the Service
6.1. You shall supply computers, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Services at your own responsibility and expense.
6.2. You irrevocably and unconditionally agree to grant us unlimited and unrestricted access to certain functions of your computers, mobile phone devices, smartphones and other communication devices and operating systems as we reasonably require for the provision of our Services and/or Service Content. Such access may include (but without limitation to) the use of and/or access to camera, microphone, photo and image albums and folders, login details, etc. of your computers, mobile phone devices, smartphones and other communication devices and operation systems.
6.3. We reserve the right to limit access to all or part of the Services by the Users depending upon conditions that we consider fit and/or necessary, including but not limited to the gender, date of birth, country/region, identification, registration status and membership status of the Users,.
6.4. We reserve the right to modify, at our sole and absolute discretion, all or part of the Services as we determine fit and/or necessary anytime without any prior notice to Users.
6.5. We may cease providing all or part of the Services without any prior notice to Users in case of the occurrence of but without limitation to any of the following:
6.5.1. When conducting maintenance or repair of systems;
6.5.2. When the Services cannot be provided due to force majeure such as but without limitation to an accident (fire, power outage, etc.), act of God, war, riot, labour dispute, or otherwise;
6.5.3. When there is system failure or heavy load on the system;
6.5.4. When securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or
6.5.5. When we reasonably determine it to be fit and/or necessary, other than those set forth in items (1) to (4) above.
6.6. Our Services are provided for the Users’ personal, non-commercial use only. We may offer certain portions of our Services at no charge and others based on other conditions as we think fit and/or appropriate. In all instances, our Services are not being sold to the Users; rather, the Users are being granted or purchasing a limited license to use our Services. In addition, unless we specifically tell the Users otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell the User otherwise, the use of our mobile Application is limited to the relevant device and/or operating system the User is using at the time the User purchases a license to use the Application.
6.8.1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
6.8.2. circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service and/or Content;
6.8.3. use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Service and/or Content and/or our website(s), widgets and/or applications for any purpose without our express written permission;
6.8.4. collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
6.8.5. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
6.8.6. attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
6.8.7. decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
6.8.8. use network-monitoring software to determine architecture of or extract usage data from our Services;
6.8.9. encourage conduct that violates any applicable laws, rules and/or regulations, or impersonate another user, person, or entity (whether or not such act involves using another person's Membership); or
6.8.10. engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
7. Intellectual Property
We reserve the right to post advertisements for us or a third party on the Services.
9. Third-Party Services
9.2. Service Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
9.3. Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. Users assume sole responsibility for their use of third-party links. We are not responsible for any content posted on third-party websites or liable to the Users for any loss or damage of any sort incurred as a result of the Users’ dealings with any third-party or their website.
10. Contents and Copyright Policy
10.1. We grant Users a non-transferable, non-sublicensable, non-exclusive license to use the Service Contents provided by us, solely for the purpose of using the Services. We provide our Services including, without limitation, Service Content for entertainment and/or promotional purposes only. Users may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is the Users’ responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by the Users’ reliance on any Service Content.
10.2. Users shall abide by the conditions applicable thereto when using the Service Contents which are subject to conditions of use, such as additional fees and periods of use and the like. Even if terms such as “Purchase”, “Buy”, “Sale” and the like appear on the screens for the Services, we shall remain the owner of all intellectual property rights as well as all other rights in the Service Contents offered to Users by us, and such rights shall not be transferred to Users. Users will only be granted usage rights as set forth above.
10.3. Users shall not use the Service Contents beyond the scope of the intended use of the Service Contents in the Services (including, without limitation, acts of copying, transmitting, reproducing, and modifying).
10.4. If Users wish to back-up all or part of the Submitted Contents, they will need to do so themselves. we will not undertake the obligation of backing up any of the Submitted Contents.
10.5. The Services may include functions where multiple Users may view, access or edit Contents. In such case, a User who submitted, transmitted or uploaded to the Services the Submitted Contents shall unconditionally and irrevocable grant other Users the right to view, access or edit such Submitted Contents.
10.6. Users shall retain their rights to their Submitted Contents, and we shall not acquire any such rights, provided that, when Users submit, transmit or upload to the Services the Submitted Contents, Users are deemed to have unilaterally and unconditionally granted us (and those we work with) a worldwide, perpetual, royalty-free license to use, amend, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that the Users’ content works better with our Applications), communicate, publish, publicly perform, publicly display, distribute such Content to the extent we deem fit and/or necessary and/or appropriate, and the right to sublicense such usage rights to other third parties working together with us, to use such Contents for services, promotional and/or development purposes. Users shall make sure that they have the necessary rights to grant us this license for any content that Users submit to our Applications.
10.7. Users shall not exercise their rights whatsoever with respect to the Submitted Contents in relation to the use by us or a third party under Clauses 10.5 and 10.6 above.
10.10. We respect the intellectual property rights of others and expect users to do the same. In circumstances which we think fit and/or necessary and/or appropriate and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
11. Restricted Matters
We prohibit Users from engaging in any of the following acts when using the Services:
11.1. Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
11.2. Acts that may be in violation of public order, morals or customs;
11.3. Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with us and/or a third party;
11.4. Acts of posting or transmitting excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; expressions that include anti-social content and lead to the discomfort of others; or expressions that may lead to potential violation (regardless of whether there is actual violation) of any applicable laws and regulations of Hong Kong and/or the Users’ place of use;
11.5. Acts that lead to the misrepresentation of us and/or a third party or that intentionally spread false information;
11.6. Acts of sending the same or similar Content to a large, indefinite number of Users (except for those approved by us) or any other acts deemed by us to constitute spamming;
11.7. Acts of exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by us;
11.8. Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by us); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against other Users; or otherwise using the Services for purposes other than as intended by the Services;
11.9. Acts that benefit or involve collaboration with anti-social groups;
11.10. Acts that are related to religious activities or invitations to certain religious groups;
11.11. Acts of unauthorized or improper collection, disclosure, or provision of any other person's personal information, registered information, user history, or the like;
11.12. Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of bots, cheat tools, or other technical measures; deliberately using defects of the Services; making unreasonable inquires and/or undue claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering our operation of the Services or other Users’ use of the Services;
11.13. Acts of decoding the source code of the Services, such as by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner;
11.14. Acts that aid or encourage any acts stated in Clauses 11.1 to 11.13 above; and
11.15. Acts other than those set forth in Clauses 11.1 to 11.14 that we reasonably deem to be inappropriate.
12. User Responsibility
12.1. Users shall use the Services at their own risk, and shall bear any and all responsibilities for actions carried out under and the results from the use of the Services.
12.2.2. A User is a member of an anti-social group or a related party thereof;
12.2.3. A User tarnishes our credibility by spreading false information, using fraudulent means or force, or other unlawful means;
12.2.4 A User is subject to a petition for attachment, provisional attachment, or auction; procedures such as bankruptcy, civil rehabilitation, or similar procedures are commenced; or we otherwise reasonably determine that there is uncertainty with respect to User’s credibility; or
12.2.5 The relationship of trust with a User is lost or we otherwise reasonably determine that it would not be appropriate for us to provide the Services to User, due to reasons other than as set forth in Clauses 12.2.1 to 12.2.4 above.
You irrevocably and unconditionally agree to indemnify and hold harmless Story Case and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including legal and professional fees, charges and costs) arising out of, related to, or that may arise in connection with:
13.1. your use of our Services;
13.2. Submitted Content provided by you or through use of your Membership;
13.4. any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
13.5. your acts or omissions.
14. NO WARRANTY
14.1 WE SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING THE SERVICE CONTENTS), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING USERS WITH THE SERVICES AFTER DELETING SUCH DEFECTS.
14.2 YOU IRREVOCABLY AND UNCONDITIONALLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, STORY CASE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY:
14.2.1. WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS;
14.2.2. WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT;
14.2.3. WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
14.2.4. WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES;
14.2.5. WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES;
14.2.6. WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND
14.2.7. WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
15. STORY CASE’S LIMITATION OF LIABILITY
15.1. STORY CASE SHALL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS FROM THE USE OF THE SERVICES, UNLESS SUCH DAMAGE IS DIRECTLY ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF STORY CASE.
15.2. IF A USER INCURS DAMAGE AS A DIRECT RESULT OF GROSS NEGLIGENCE ON THE PART OF STORY CASE, STORY CASE MAY BE RESPONSIBLE TO PROVIDE COMPENSATION FOR THE DAMAGE INCURRED BUT THE AMOUNT SHALL NOT EXCEED THE LESSER OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE TOTAL AMOUNT OF USAGE FEES FOR THE SERVICES RECEIVED BY STORY CASE FROM SUCH USER FOR FEE-BASED SERVICES FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED.
15.5. In jurisdictions where limitations of liability are not permitted and/or restricted by law, the limitations in Clauses 15.1 to 15.4 shall apply to the fullest extent permitted by law.
18. Governing Law and Jurisdiction
20. No Third Party Rights
Except as otherwise expressly stated herein, nothing in this agreement shall confer any rights on any person (other than the parties hereto) pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 523), laws of Hong Kong.
22. Entire agreement
23. No Waiver
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
25. No Assignment
26. Notification and Contact
26.1. For notifications from us to Users regarding the Services, we will use a method that we consider appropriate, such as posting in an appropriate place within the Services or on our website.
26.2. For notifications from Users to us regarding the Services, Users shall contact us via our email address at email@example.com, or through other means designated by us.
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