Terms of Service
Greeting and welcome to the use of the "FavTV" software and its associated services! The term "FavTV" software and related services encompasses the legally owned and operated company, identified as "FavTV" client application, which includes various versions and delivers a suite of products and services to you. These offerings include personalized audiovisual recommendations, video playback, search functionalities, and other core and ancillary features. The "FavTV" User Service Agreement (referred to as "this Agreement") is the contract formed between you and the company regarding the download, installation, and utilization (referred to as "Use") of the "FavTV" software and the services it provides.
To ensure a superior service experience, please thoroughly read and comprehend this Agreement before engaging with the "FavTV" software and its services, particularly the sections concerning liability limitations, licensing and information usage, terms for specific single-service activation, governing law, and dispute resolution. Notably, clauses regarding liability exemption or limitation and other critical content are highlighted in bold for your attention.
Interpretation and Definitions
Interpretation
Capitalized terms are defined as follows and apply to both singular and plural forms unless otherwise specified.
Definitions
For the purposes of this Agreement:
- "Application" refers to the software provided by the Company, downloaded onto any
electronic device and named FavTV.
- "Application Store" denotes the digital distribution platform operated by Apple Inc.
(Apple App Store) or Google Inc. (Google Play Store) from which the Application is downloaded.
- "Affiliate" indicates an entity that is either controlling, controlled by, or under
the same control as a party, with "control" defined as ownership of fifty percent (50%) or more of the
voting shares or equity interest.
- "Country/Region" specifically denotes Hong Kong, China.
- "Company" refers to DREAMPEN TECHNOLOGY LIMITED, a company operating under the
jurisdiction of Hong Kong and located at RM12, 20/F, Ho King Comm CTR, 2-16 Fayuen ST, Mongkok Kowloon.
- "Device" encompasses any device capable of accessing the Service, such as a computer,
mobile phone, or digital tablet.
- "Service" is synonymous with the Application.
- "Terms and Conditions" (or "Terms") represent the entire agreement between you and
the Company concerning the use of the Service, facilitated by the Terms and Conditions Generator.
- "Third-party Social Media Service" covers any services or content, including data,
information, products, or services, provided by a third party and made available through the
Service.
- "You" signifies the individual accessing or using the Service, or the company or
other legal entity for which the individual is accessing or using the Service.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Service Content
A. Provide Service
a. License
Subject to full compliance with the Terms and to the extent we are lawfully able to grant such rights, We grant you a non-exclusive, non-sublicensable, and non-transferable license to the Intellectual Property solely to access Content, using the Services, and for other purposes expressly stated herein.
For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any third party’s intellectual property rights, and all right, title, and interest in and to such property will remain vested with the applicable owner.
(a) Your account
You can use parts of our Service without login (including any purchase made any/or payment). However, to access or use some of our Services, you need to create an account with us. When you create your account, you must provide us with accurate and up-to-date information. It is your responsibility to maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
You are responsible for maintaining your account and password’s confidentiality and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove, or edit content in its sole discretion.
If you no longer want to use our Service anymore and would like your account deleted, please email us at info [dreampandev@gmail.com]. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added (including free content and paid content).
We also allow you to register for and log in to PLATFORM using sign-on functionalities provided by third-party platforms, such as Facebook and Google. You agree to comply with the relevant third-party platform’s terms and conditions applicable to your use of functionalities (in addition to these terms).
We take intellectual property rights very seriously and comply with laws and regulations on intellectual property. In case of infringement, please report to our platform supervision mailbox (copyright [dreampandev@gmail.com]) as soon as possible.
(b) Services and Service-related communication
Where Services are made available as part of your use of Software under this Terms, we grant you a limited, personal, non-exclusive, non-sublicensable, and non-transferable and revocable license to use the Services in accordance with this Terms. The duration of such Services provision will be as determined by us at our sole discretion.
You may access and use the Service as made available to you, as long as you comply with this Agreement, applicable laws, and regulations. You may enjoy Content for your personal, non-commercial use. You may also show your Content (including your account profile and your comment) to other users.
You consent to receive communications from us electronically. We will communicate with you by email or sending inbox messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(c) Software
Where you install and use any Software that we have made available to you, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, royalty-free, and revocable license to: use one copy of the Software in object code format only on a single device for your use in accordance with this Agreement, except that where we expressly allow you to use more than one copy of the Software and/or use the Software on more than one device, you may do so in accordance with this Agreement; and use the Services for your relevant Software (if any).
You may not copy, modify, create derivative works, reverse compile, reverse engineer, or extract source codes from the Software, and you may not sell, distribute, redistribute, or sublicense the Software, except in each case 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.
We may from time to time provide updates to the Software. Such updates may occur automatically or manually. Please note that the Software may not operate properly or at all if you do not install upgrades or new versions. We do not guarantee that we will provide any updates for the Software, or that such updates will continue to support your device or system. All updates to the Software are part of the Software and subject to this Agreement.
(d) Our Content
We grant you a limited, personal, non-exclusive, non-sublicensable, and non-transferable and revocable license to access and use our Content through the Software. The duration of such Content provision will be at our sole discretion.
The “Content” includes any items, content, or features within the Software – for example, stickers, in-app content additions, or other downloadable items within content, and any content accessed or used by you within the Software. You must comply with our Content Guideline applicable to any such Content. We may license this Content to you upon payment by you of "real world money" as applicable from time to time. You acknowledge that you do not own this Content and the amounts associated with such Content do not refer to any credit balance of real currency or the equivalent. We may delete Content from the Software at any time, with or without notice, and we have no liability to you should we exercise these rights.
If you want to report any questions about our Content, please contact us at copyright [dreampandev@gmail.com].
(e) Advertising Content
Pursuant to our Privacy Policy, we may integrate, display, and otherwise communicate advertising or commercial Content (including targeted advertising) in the Licensed Items and that (where reasonably practicable) we will identify paid such advertising or commercial Content.
The advertising or commercial content may contain links to third-party websites and online services that are not owned or controlled by PLATFORM. PLATFORM has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Services. We suggest you read the terms and privacy policy of each third-party website and online service that you visit.
b. Restrictions on your use of the licensed items
You may not, nor may you permit any other person to:
- use the Licensed Items in any manner or for any purpose which breaches this Agreement or any
applicable laws and regulations or encourages any person or entity to breach this Agreement or any
applicable laws and regulations;
- use the Licensed Items in any manner or for any purpose which may cause any harm or damage to us or
our customers;
- use the Licensed Items to gain unauthorized access to any system, account, or data;
- sub-license, rent, lease, or sell the Licensed Items (except where you and us have expressly agreed
otherwise);
- directly or indirectly charge others for use or access to the Licensed Items (except where you and us
have expressly agreed otherwise);
- directly or indirectly suggest our support or endorsement of any product, Service, or Content
(including any personal website);
- transmit unauthorized communications through the use of the Licensed Items, including junk mail or
spam;
- make the Licensed Items publicly available or available on any network for copying, download, or use
by any person or persons;
- remove, obscure, or modify any copyright, trade mark, or other proprietary rights notice, marks, or
indications found in or on the Licensed Items;
- misrepresent the source or ownership of the Licensed Items;
- lend, hire, rent, perform, sell, distribute, redistribute, sublicense, make available to the public,
broadcast, distribute, transmit, or otherwise use any Licensed Item in whole or in part in any manner
not expressly permitted by this Agreement, or attempt to do any of the foregoing (except where you and
us have expressly agreed otherwise);
- attempt to disrupt or interfere with the Licensed Items including manipulating the legitimate
operation of the Licensed Items;
- use cheats, exploits, automation software, or any unauthorized third-party software designed to modify
or interfere with the Licensed Items;
- disrupt or overburden any computer or server used to offer or support the Licensed Items, or other
users’ use of the Licensed Items;
- develop any plug-ins, external components, compatibles, or interconnection elements, or other
technology that inter-operate with the Licensed Items, except where we expressly permit you to do so via
our Software (and where this is the case, your use of such Software may be subject to additional terms
and conditions as notified by us to you).
You may not copy, modify, create derivative works, reverse compile, reverse engineer, or extract source codes from Licensed Items, 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.
You may not implement, use, transfer, or permit any third party to implement, use, or transfer the above licensed items for any profit or non-profit purpose. The platform reserves the right to investigate the consequences of the above actions.
We may use technological measures in the Licensed Items to prevent unlicensed or unauthorized use of the Licensed Items or to prevent any breach of this Agreement. You agree that you will not seek to disable or circumvent them in any way.
You should abide by the terms of this agreement, use the service correctly and appropriately, and must not disrupt the order of the platform (including but not limited to): (a) recharge through channels other than this platform; (b) malicious application for refund after recharge; (c) The act of selling, colluding with others to sell, cashing out, or trading virtual currency, virtual items, and other virtual items in a disguised form; (d) The act of obtaining rewards from the platform or activities organized by others through technical cheating; (e) The act of using credit cards to cash out illegally; (f) Other non-use Reasonable means to recharge and cash out, etc.); fraud and other illegal acts (including but not limited to fraudulent other users, impersonating the platform, or other illegal laws and regulations). If you violate any terms or legal provisions of this agreement or other rules of this platform, we have the right to terminate/suspend the provision of all or part of the service to the account of the breaching user on this platform in accordance with the agreement. If you violate any terms or legal provisions of this agreement or other rules of this platform, we have the right to terminate/suspend the provision of all or part of the service to the account of the breaching user on this platform in accordance with the agreement. If your illegal act causes losses to the platform or users, the platform has the right to recover. Special attention should be paid to the account that is suspected of using unreasonable means to recharge (including but not limited to the illegal use of credit card cash), we will temporarily or permanently suspend the account based on our reasonable judgment. At the same time, we reserve the right to withdraw the account and username of this platform at any time.
Based on reasonable judgments, we can stop the content that violates laws and regulations, the provisions of this agreement, infringes, obstructs, or threatens the legal rights of others (including but not limited to intellectual property rights, personal rights, etc.), or content posted on counterfeit platforms or in the names of others. Transmission, offline, and other measures, and have the right to take some or all of the following appropriate actions against you who violate this clause based on reasonable judgment, including but not limited to: preservation or immediate deletion from this platform is illegal, infringing, or improper Restrict or prohibit you from using all or part of our services, freeze or deduct part or all of the virtual property in your account, delete your account, and save relevant information in accordance with laws and regulations and report to relevant departments, etc.
B. Improve Service
a. Your Content
You must at all times ensure that: you have the rights required to submit, transmit, or display Your Content, and to grant us and other third parties the rights as set out in this Agreement; and Your Content (and our use of Your Content in accordance with this Agreement) does not breach any applicable laws or regulations or the rights of any person, or this Agreement.
When you submit, upload, or transmit any data, information, media, or other content in the course of using the Licensed Items, you agree that: (a) you are solely responsible for Your Content (and we recommend that you keep a backup copy of it at all times); (b) you will continue to own and be responsible for Your Content; (c) you are granting our affiliate companies and us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use Your Content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing, and trying to improve the Licensed Items and our other services. All such use will be in accordance with our Privacy Policy. This license includes granting us the right to and copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute, and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future; (d) you grant other users of the Licensed Items a non-exclusive and non-transferable license to access and use Your Content within the Software, in accordance with this Agreement; (e) we may share Your Content with third parties that we work with in accordance with the Privacy Policy; and (f) the name avatar that you used to submit Your Content may be shared with third parties.
You are responsible for properly keeping the registered account information and account password, and you need to bear legal responsibility for the actions under the registered account. You shall bear the legal responsibility caused by the loan, leakage, or embezzlement of account number, password, and other information by others.
You acknowledge and agree that we and our affiliate companies (subject to this Agreement and applicable laws and regulations): (a) are allowed to retain and continue to use Your Content after you stop using the Licensed Items; (b) may be required to retain or disclose Your Content to comply with applicable laws or regulations; comply with a court order, subpoena, or other legal processes; respond to a lawful request by a government authority, law enforcement agency, or similar body (whether situated in your jurisdiction or elsewhere); or we believe it is reasonably necessary to comply with applicable laws or regulations; (c) may need to retain or disclose Your Content to enforce this Agreement or to protect any rights, property, or safety of ours, our affiliate companies, or other users of the Licensed Items.
You understand that even if you wish to delete Your Content from the Licensed Items, it may not be possible to do this for some time or at all due to technical or other reasons. We assume no responsibility for the deletion or failure to store Your Content, and we expressly do not promise to store or keep Your Content. You are solely responsible for saving backup copies of Your Content.
We reserve the right to block or remove Your Content.
b. Changes to our Site, Application, and/or Services
As PLATFORM and user experiences are constantly evolving, we may from time to time add, change, or remove features or Services from PLATFORM (including in relation to whether a feature or Service is free of charge or not). You agree that we may take any such actions at any time. Where we consider that any changes to PLATFORM or any Services or features accessible within PLATFORM are reasonably material, we will (where reasonably practicable) notify you via inbox message or by posting the changes on our website.
c. Use of your device
To provide the Licensed Items to you, we may require access to and/or use of your relevant device (including but not limited to mobile phone, tablet, or desktop computer) that you use to access the Licensed Items. You acknowledge that if you do not provide us with such right of use or access, we may not be able to provide the Licensed Items to you.
Any Personal Information that we use or access within your device will be treated in accordance with this Agreement and the Privacy Policy.
You must ensure that your device meets the requirements for installing and using the Licensed Items as required by us. During installation, the Licensed Items may uninstall or disable other software running on your device. If you do not comply with any installation instructions provided by us, you may not be able to use the Licensed Items or certain functionalities may not be available to you.
d. Payment
You may from time to time be required to make payments to us in U.S. dollars in relation to the Licensed Items, such as for your license to use the relevant Licensed Items. You are responsible for all such payments and related payment obligations under this Agreement.
The payments you pay will be converted into a corresponding proportion of virtual currency for circulation on the platform. Once converted into virtual currency, the platform will not provide any refund or change.
When you pay the fee, please be sure to carefully confirm your account. You agree to bear the consequences of payment errors caused by your own improper operations.
All such payments from you are subject to the terms and conditions of the relevant payment Service (whether that payment Service provider is a third-party or us), in addition to any other relevant terms of this Agreement. We bear no responsibility for any transactions processed by, or any payments made to, a third party, whether or not in connection with the relevant Licensed Items. You are solely responsible for all fees and taxes associated with any Licensed Items, and you agree that pricing and availability of all Licensed Items are subject to change at any time.
We may from time to time make available payment methods to you for automatic, recurring, or subscription-based charges. Where we do so, you agree that (subject to applicable laws and regulations): (i) such purchases or payments are generally made by you on an advance basis. Unless the purchase was on a subscription basis, we will notify you prior to any automatic renewals; (ii) you authorize us to save your chosen payment method's information (e.g., credit card information) on our systems and bill your chosen payment method for the relevant time-periods as chosen by or notified to you; (iii) if any payment made via your chosen payment method is rejected, denied, or returned unpaid for any reason, we may not provide you with, or suspend our provision of, the relevant Content product or service until payment is properly processed; and you are liable to us for any fees, costs, expenses, or other amounts we incur arising from such rejection, denial, or return (and we may automatically charge you for such amounts).
You agree that the reading service provided by the platform has a time limit, and the service period is one month from the date of your subscription. At the same time, after the service period is exceeded, the platform will do its best to extend the reading period for you free of charge, so that you can continue to read the subscribed works. The platform does not bear any responsibility for the consequences of the work being removed from the shelves or being unable to read normally due to copyright disputes of the work, the author, or the work's own reasons (such as violation of laws, regulations, policies, and industry rules, involvement in infringement disputes, violation of local folk customs, etc.).
You agree that any payments you make to us in relation to your use of any Licensed Item are final and non-refundable, except where specified by us under this Agreement or for a particular Licensed Item. OTHERWISE, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY LICENSED ITEM (WHETHER USED OR UNUSED).
Please note that you are responsible for all third-party charges you incur (including any charges from your internet and telecommunication Services providers) in relation to or arising from your use of the Licensed Items.
If you believe that we have charged you in error, and subject to applicable laws and regulations, you must contact us at info [dreampandev@gmail.com] within 30 days of the date of the relevant charge, and no refunds will be given for any erroneous charges after such 30 days period.
Payment processing Services are provided by the third-party service through which the purchase is made. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g., exchange rates).
e. Promotions
In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Promotion”) made available by our Site, Application, and/or Services, or otherwise may have specific rules that are different from these Terms. By participating in a Promotion, you agree to and will become subject to those additional terms and conditions, which will be provided to you when a Promotion is offered. We urge you to review all rules before you participate in any Promotion. The rules of a specific Promotion will take priority over these Terms in the event of any conflict of the language with a given Promotion.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
LIABILITY
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 THIS AGREEMENT OR THE LICENSED ITEMS, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (a) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE LICENSED ITEMS TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (b) USD100 (I.E. ONE HUNDRED US DOLLARS).
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: (a) IN CONNECTION WITH THIS AGREEMENT OR THE LICENSED ITEMS, FOR ANY DAMAGES OR LOSSES CAUSED BY: (i) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (ii) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (iii) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (iv) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (v) IMPROPER OR UNAUTHORIZED USE OF THE LICENSED ITEMS; (vi) YOUR USE OF THE LICENSED ITEMS IN BREACH OF THIS AGREEMENT; OR (vii) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY; (b) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES; AND/OR (c) FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in this Agreement limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations: (a) any liability for fraud; (b) any liability for death or personal injury caused by our negligence; or (c) any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
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: (a) YOUR USE OF THE LICENSED ITEMS; OR (b) YOUR BREACH OF THIS AGREEMENT.
THIS AGREEMENT GOVERN THE RELATIONSHIP BETWEEN YOU AND US (AND, WHERE RELEVANT, OUR AFFILIATES). YOUR DEALINGS WITH ALL THIRD PARTIES (INCLUDING THOSE FOUND THROUGH THE LICENSED ITEMS) 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, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN THE LICENSED ITEMS.
PLATFORM does not guarantee the availability, delivery, performance, pricing, or punctuality of any Content or other Intellectual Property appearing in our Site, Application and/or Services.
You understand and agree that we are not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with any applicable laws and regulations.
Governing Law And Disputes Resolution
You consent and agree that any dispute, dispute, disagreement or claim caused by or related to this contract, including the existence, validity, interpretation, performance, violation or termination of the contract, or any non-compliance caused by or related to this contract Contractual disputes shall be submitted to an institution managed by the Hong Kong International Arbitration Center for arbitration, and finally resolved in accordance with the "Hong Kong International Arbitration Center Institutional Arbitration Rules" in effect at the time of submission of the arbitration notice.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
The place of arbitration shall be Hong Kong. The number of arbitrators is three. The arbitration procedure shall be conducted in accordance with the rules of the Hong Kong International Arbitration Center.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
We may occasionally make changes to this Agreement – please review this Agreement from time to time. Where we make any material changes to this Agreement (as determined by us), we will (where reasonably practicable) notify you (via this Agreement, on our website or within the Licensed Items) prior to the change becoming effective. Any changes to this Agreement will become effective immediately upon posting by us, unless we specify otherwise. By using the Licensed Items after we make any changes to this Agreement, you agree to be bound by the revised Terms.
You may email us at the following email addresses: [dreampandev@gmail.com].