Terms of Service
The Photo Art software (hereinafter
referred to as "Photo Art") is mobile software provided by DAILY CAST
HK LIMITED. Users should carefully read this Installation License Agreement
(this "Agreement") prior to the installation of the Photo Art. This
Agreement sets out the terms and conditions of use for the Photo Art, and is
made between you, the User, and DAILY CAST HK LIMITED. This Agreement governs
your use of the Photo Art provided to you by DAILY CAST HK LIMITED, including
any releases of or to the Photo Art that you may receive from DAILY CAST HK
LIMITED, together with the documentation included therewith. By accepting this
agreement (which acceptance can be manifested by, for example, clicking the “I
accept” button when prompted, or by accessing or using Photo Art), you: (i)
signify that you have read, understood, and agree to be bound by all the terms
and conditions set forth in this Agreement and to the collection and use of
your information as set forth in the DAILY CAST HK LIMITED Privacy Policy and
the Photo Art User Experience Program Policy; and (ii) warrant that you are at
least eighteen years old and have the legal capacity to enter into contracts.
Alternatively, you agree to be bound by such terms and conditions by, without
limitation, downloading, installing, copying or using the Photo Art. DAILY CAST
HK LIMITED is willing to make the Photo Art available to you only upon the
express condition that you accept the terms of this Agreement. If you fail to
accept the terms of this Agreement in full, then you shall not be entitled to
use the Photo Art software for any purposes and shall not be able to claim the
benefit of any terms of this Agreement. Any use of the Photo Art in violation
(contravention) of any terms of this Agreement shall not be permitted.
1.
DEFINITIONS
For purposes of this Agreement, the
following terms will have the following meanings:
1.1 “Photo Art” means the proprietary DAILY
CAST HK LIMITED software products (in object code format only) delivered to you
hereunder (including but not limited to the Photo Art), together with any
updates or upgrades thereto, when and if made available to you by DAILY CAST HK
LIMITED. The Photo Art does not include Third-Party Software.
1.2 “Services” means the various services
to which DAILY CAST HK LIMITED provides you with access, including without
limitation the Photo Art, DAILY CAST HK LIMITED websites, search services,
personalized content and branded offerings through its network of services that
may be accessed through any various medium or device now known or hereafter
developed.
1.3 “Third-Party Software” means the
software of certain third parties that DAILY CAST HK LIMITED may deliver with
the Photo Art, including but not limited to widgets of certain third parties
and independent developers.
1.4 “Use” means to cause a mobile device
to execute any machine-executable portion of the Photo Art in accordance with
the terms and conditions of this Agreement.
1.5 “User” means the legal entity or
person who orders or downloads the Photo Art and/or activates the Services.
2. PERSONAL NON-COMMERCIAL USE ONLY
2.1 The Photo Art is licensed, not sold,
to you by DAILY CAST HK LIMITED. Subject to the terms and conditions of this
Agreement, DAILY CAST HK LIMITED hereby grants to you a limited, non-exclusive,
non-transferable, non-sublicensable license to use one copy of the Photo Art
for personal non-commercial purposes only and provides this non-commercial-use Photo
Art. DAILY CAST HK LIMITED also provides installation, un-installation, and
related data services for Users, meaning that subject to the terms and
conditions of this Agreement you can independently choose to install,
un-install, and use Photo Art as well as any and all related data services
provided by DAILY CAST HK LIMITED. DAILY CAST HK LIMITED may occasionally
provide updates and upgrades to Users for the Photo Art as such updates or
upgrades become available. You may copy and distribute Photo Art solely in a
non-commercial manner. You agree to use your best efforts to prevent and
protect the contents of the Photo Art and Services from unauthorized disclosure
or use. DAILY CAST HK LIMITED and its licensors reserve all rights, including
but not limited to ownership and intellectual property rights, not expressly
granted to you. DAILY CAST HK LIMITED’s licensors are the intended third party
beneficiaries of this Agreement and have the express right to rely upon and
directly enforce the terms set forth herein. There are no implied licenses
granted by DAILY CAST HK LIMITED under this Agreement. Except as specified
above, you shall have no rights to the Software.
2.2 Any commercial use, sale, copying,
distribution or any other conduct related to commercial activities, including
but not limited to the pre-installation or binding of the Photo Art software,
is prohibited unless such individual has obtained prior written approval from DAILY
CAST HK LIMITED.
2.3 The Photo Art product is a part of the
services provided by DAILY CAST HK LIMITED. Prior to using the Photo Art
software, you must carefully read and abide by the terms and conditions of this
Agreement and all related DAILY CAST HK LIMITED policies, including but not
limited to the DAILY CAST HK LIMITED Privacy Policy.
2.4 Limitations on Use. You shall ensure
that you do not and will not (and may not cause or permit any third party to)
commit any act or fail to commit any act that results in damaging or
interfering with any of DAILY CAST HK LIMITED's services in any way, and shall
not conduct, authorize aid or abet any third-party to conduct any of the
following activities: (i) use the Photo Art or Services except as expressly
permitted under the terms and conditions of this agreement; (ii) separate the
component programs of the Photo Art for use on different devices; (iii) adapt,
alter, publicly display, publicly perform, translate, embed into any other
product, or otherwise create derivative works of, or otherwise modify the Photo
Art or Services; (iv) sublicense, lease, rent, loan, or distribute the Photo
Art or Services to any third party; (v) transfer the Photo Art or Services to
any third party; (vi) reverse engineer, decompile, disassemble, or otherwise
attempt to derive the source code for the Photo Art, (a) except as permitted by
applicable law, or (b) solely to the extent required to debug changes to any
third party LGPL-libraries linked to by the Photo Art; (vi) remove, alter or
obscure any trademark, logo, copyright or other proprietary notices, legends,
symbols or labels on the Photo Art or Services, or the applicable documentation
therefore; (vii) allow third parties to access or use the Photo Art or
Services, including without limitation any use in any application service
provider environment, service bureau, or time-sharing arrangements; (viii)
block, disable or otherwise affect any advertising, advertisement banner
window, links to other sites and services, or other features that constitute an
integral part of the Photo Art or Services; or (ix) modify, adapt or translate
the Photo Art or create any derivative work of the Photo Art. You may not
release the results of any performance or functional evaluation of any of the Photo
Art or Services to any third party without prior written approval of DAILY CAST
HK LIMITED for each such release. Whenever or wherever you commit any of these
violations, you shall be held legally liable for any and all damages, fines,
costs and expenses to DAILY CAST HK LIMITED for such action(s) under the
furthest extent of the law, and DAILY CAST HK LIMITED shall have the right to
seek legal, equitable and administrative redress against you by exercise of its
legal rights and to implement legal remedies against you to the fullest extent
of the law.
2.5 You acknowledge that Third-Party
Software is subject to separate terms and conditions included with, or contained
in the setup installation segments of such Third-Party Software. The license
restrictions contained in this Agreement do not apply to Third-Party Software
to the extent they are inconsistent with such Third-Party Software terms. DAILY
CAST HK LIMITED shall not be responsible for any Third Party Software.
2.6 DAILY CAST HK LIMITED reserves the
right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Services (or any part thereof) with or without notice. You
agree and acknowledge that DAILY CAST HK LIMITED shall not be liable to you, or
to any third-party, for any modification, suspension or discontinuance of the
Services.
3. INTELLECTUAL PROPERTY PROTECTION
3.1 The Photo Art is protected by
international Copyright Conventions, the Copyright Law of Hong Kong and all
other applicable intellectual property laws and regulations. All Intellectual
Property Rights (defined below) associated with the Photo Art are owned by and
are the exclusive property of DAILY CAST HK LIMITED, at all times and
regardless of the form or media in or on which the original or other copies may
subsequently exist. This license is not a sale of the original or any
subsequent copy. You acknowledge that the Services and the Photo Art, including
without limitation the Photo Art’s sequence, structure, organization, source
code and applicable documentation contains valuable trade secrets and other
intellectual property of DAILY CAST HK LIMITED and its suppliers and is
considered DAILY CAST HK LIMITED’s confidential information, and acknowledge
that the Photo Art and the Services and all intellectual property rights
therein are the exclusive property of DAILY CAST HK LIMITED, including but not
limited to all related Intellectual Property Rights. "Intellectual
Property Rights" includes any and all rights protected by all applicable
patent laws, copyright laws, trademark laws, anti-unfair competition laws and
other laws and any and all other property rights, as well as any and all
applications, updates, extensions and recovery of them. All content accessed
through the Photo Art or Services is the property of the applicable content
owner and may be protected by applicable copyright law. No title or ownership
to the Photo Art or the Services or the Intellectual Property Rights embodied
therein passes to you as a result of this Agreement or any act pursuant to this
Agreement. All trademarks used in connection with the Photo Art, Services, or
any associated documentation are owned by DAILY CAST HK LIMITED, its affiliates
and/or its licensors and other suppliers, and no license to use any such
trademarks is provided hereunder. All suggestions or feedback provided by you
to DAILY CAST HK LIMITED with respect to the Photo Art or Services shall be DAILY
CAST HK LIMITED’s property and deemed Confidential Information (defined below)
of DAILY CAST HK LIMITED.
3.2 You shall not maliciously or
intentionally modify, copy, or transmit materials related to the Photo Art. If
damages are caused to others or to DAILY CAST HK LIMITED's image by your
copying, modifying or transmitting of the Photo Art or any related DAILY CAST
HK LIMITED service, then you shall be liable for all corresponding damages,
costs, fines and expenses DAILY CAST HK LIMITED incurs. You shall not delete,
hide or change DAILY CAST HK LIMITED's copyright statement, registered
trademarks, or any other statements. DAILY CAST HK LIMITED owns all copies of
the Photo Art, however made. Nothing in this Agreement will be deemed to grant,
by implication, estoppel or otherwise, a license under any existing or future
patents of DAILY CAST HK LIMITED, except to the extent necessary for you to use
the Photo Art or Services as expressly permitted under this Agreement.
4. TERM AND TERMINATION
4.1 The term of this Agreement will
commence upon your download of the Photo Art and/or your commencement of the
Services and, unless earlier terminated as provided in this Section 4, will
continue in perpetuity. This Agreement will immediately terminate upon your
breach of this Agreement, unless such breach is curable and is actually and
immediately cured by you after DAILY CAST HK LIMITED provides notice of breach
to you. Upon the termination of this Agreement, you shall discontinue all use
of the Photo Art and/or Services, promptly destroy or have destroyed the Photo
Art and any copies thereof, and, upon request by DAILY CAST HK LIMITED, certify
in writing to DAILY CAST HK LIMITED that such destruction has taken place.
These remedies are cumulative and in addition to any other remedies available
to DAILY CAST HK LIMITED. Sections 1, 2, 3, 5, 6, 7, and 8 shall survive such
termination.
5. DISCLAIMER OF WARRANTIES AND SPECIAL ANNOUNCEMENT
5.1 To the best of DAILY CAST HK LIMITED’s
knowledge, DAILY CAST HK LIMITED represents that Photo Art does not contain any
viruses or other malicious codes. Despite thorough testing of the Photo Art,
complete compatibility with all software, hardware and operating systems cannot
be entirely guaranteed. In the event of non-compatibility, you may report such
issue to DAILY CAST HK LIMITED by email requesting technical support. If the
incompatibility issue cannot be resolved, you may uninstall the Photo Art
directly from the "Apps" within Settings. The Photo Art is believed
to be compatible only with mobile devices with Android system version 2.1 and
up.
5.2 Because the Photo Art may be
downloaded and transmitted through the Internet, DAILY CAST HK LIMITED is
unable to guarantee whether or not the Photo Art version downloaded from third
party websites or other media not issued directly by DAILY CAST HK LIMITED may
or may not be infected with computer viruses or malicious code installed by
Trojan programs or other hacker software. DAILY CAST HK LIMITED assumes no
responsibility for any direct or indirect damages subsequent to the downloading
of Photo Art in such manner or from such a source.
5.3 NO WARRANTY. You understand and agree
that you have the right, but not the obligation, to download and use the Photo
Art. YOU AGREE THAT THE Photo Art AND SERVICES ARE PROVIDED “AS IS” AND THAT DAILY
CAST HK LIMITED AND ITS LICENSORS MAKE NO OTHER WARRANTY AS TO THE Photo Art OR
SERVICES, INCLUDING WITHOUT LIMITATION UNINTERRUPTED USE, ACCURACY, AND DATA
LOSS. DAILY CAST HK LIMITED AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE
(EVEN IF DAILY CAST HK LIMITED KNOWS OR SHOULD HAVE KNOWN OF SUCH PURPOSE OR
USE), ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY OR QUIET ENJOYMENT, OR
OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, LAW, COURSE OF DEALING,
USAGE OF TRADE, OR OTHERWISE; AND RELATED TO THE Photo Art OR SERVICES, THEIR
USE OR ANY INABILITY TO USE THEM, THE RESULTS OF THEIR USE AND THIS AGREEMENT.
ALL SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, AND SUCH DISCLAIMER IS EFFECTIVE
TO THE MAXIMUM EXTENT ALLOWED BY LAW. DAILY CAST HK LIMITED DOES NOT GUARANTEE
THAT: (i) THE Photo Art WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (ii)
THAT ACCESS TO THE Photo Art WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE
OR THAT THEE Photo Art OR SERVICES DO NOT CONTAIN ANY VIRUSES. THIS WARRANTY
DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THIS BARGAIN BETWEEN YOU
AND DAILY CAST HK LIMITED. DAILY CAST HK LIMITED WOULD NOT PROVIDE THE Photo
Art OR SERVICES ABSENT SUCH DISCLAIMER. DAILY CAST HK LIMITED AND ITS LICENSORS
ALSO DO NOT WARRANT THAT THE Photo Art OR SERVICES OR ANY RESULTS OF USE
THEREOF WILL BE FREE OF DEFECTS, ERRORS OR VIRUSES, RELIABLE OR ABLE TO OPERATE
ON AN UNINTERRUPTED BASIS OR IN A PARTICULAR ENVIRONMENT OR THAT ERRORS
THEREIN, IF ANY, WILL BE CORRECTED.
5.4 Within the limit of common practices
and guidelines shared across the information technology industry, your
information and behavior may be recorded and used by DAILY CAST HK LIMITED. By
downloading, installing and/or using the Photo Art, you agree and understand
that DAILY CAST HK LIMITED may collect and use certain of your non-personal
information in order to provide you with more accurate and well-targeted
services. Unless required by laws or the requirements of a government
department, DAILY CAST HK LIMITED will not provide any information concerning
you to any third party.
5.5 Any communications sent to DAILY CAST
HK LIMITED are the property of DAILY CAST HK LIMITED or its affiliates. Unless
stated otherwise herein, submissions are not considered confidential, and DAILY
CAST HK LIMITED is not liable for any use or disclosure of a submission. Except
as noted herein, DAILY CAST HK LIMITED is entitled to unrestricted use of any
submissions for any purpose whatsoever without compensation to the provider of
the submission.
5.6 LIMITATION OF LIABILITY. TO THE
FULLEST EXTENT PERMITTED BY LAW, DAILY CAST HK LIMITED AND ITS LICENSORS SHALL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES
FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE), WHETHER IN
CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY,
ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF DAILY CAST HK
LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU
SHALL HAVE THE SOLE RESPONSIBILITY FOR PROTECTING YOUR DATA, BY PERIODIC BACKUP
OR OTHERWISE, USED IN CONNECTION WITH THE Photo Art OR SERVICES. IN ANY CASE, DAILY
CAST HK LIMITED’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION
OF THIS AGREEMENT SHALL BE THE REPLACEMENT OF THE Photo Art OR SERVICES FOUND
TO BE DEFECTIVE THE AMOUNT PAID TO DAILY CAST HK LIMITED IN RESPECT OF THE Photo
Art GIVING RISE TO THE CLAIM, OR IF NO FEES WERE PAID THEN ONE HUNDRED US
DOLLARS, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE
NEGLIGENCE OF DAILY CAST HK LIMITED ONLY TO THE EXTENT APPLICABLE LAW PROHIBITS
THE LIMITATION OF DAMAGES IN SUCH CASES. THIS LIMITATION OF LIABILITY WILL
APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
SET FORTH HEREIN. IN NO EVENT WILL ANY SUPPLIER TO DAILY CAST HK LIMITED HAVE
ANY LIABILITY TO YOU UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DAILY CAST HK
LIMITED. DAILY CAST HK LIMITED WOULD NOT PROVIDE THE Photo Art TO YOU ABSENT
SUCH LIMITATION.
5.7. INJUNCTIVE RELIEF. You acknowledge
and agree that your breach or threatened breach of this Agreement shall cause DAILY
CAST HK LIMITED irreparable damage for which recovery of money damages would be
inadequate and that DAILY CAST HK LIMITED therefore may obtain timely
injunctive relief to protect its rights under this Agreement in addition to any
and all other remedies available at law or in equity.
6.Scope of the App License
6.1 We grant you a personal, revocable,
non-transferable and non-exclusive license to use the App. Unless otherwise
expressly agreed in writing, you are permitted to install, use, display or run
the App or use the Service on your smart mobile end-device, including but not
limited to tablet, smart phone (“end-device”) for non-commercial purposes.
6.2You may not use the App under the
following conditions:
o you shall not create
derivative works from the App or commercially exploit the App, in whole or in
part, in any way;
o you shall use the App
for lawful purposes only;
o you shall not use,
sell, modify, or distribute the App except as permitted by the functionality of
the App;
o
you shall not conduct any behaviors that jeopardize
computer network security, including but not limited to: use unauthorized data
or unauthorized access to server/account;enter public computer network or
other’s computer system to delete, modify, add stored information without
permission; attempt to search, scan, test the App system, Internet leak, or
other behaviors breaking internet security; attempt to interfere, damage the
App system normal running, deliver the malwares or virus intentionally to
damage normal internet information service; forge (part of) names of TCP/IP
package.
6.3 You may not use the App in a way that
may lead to damage, suspension, overloading or quality reduction to the App (or
server and internet connected to the App), or in the way that may affect the
Service provided.
6.4You promise not to copy, grant a
sub-license, share or sell the App or the Service to any others. You are fully
responsible for any fees and expense arising therefrom.
6.5We reserve all rights not expressly
granted to you. And this license may automatically terminate if you violate any
of these restrictions and may be terminated by us at any time at our sole
discretion.
7. Privacy and
Personal Information
7.1We respect the privacy and personal
information of each user and will protect your privacy and personal information
in accordance with applicable law, especially special law on data protection by
taking necessary measures and comply with the same in collecting, processing,
transmitting and storing your personal information. Please be sure to read
carefully our Privacy Policy which specifies the way we collect and use your
personal information, etc.
7.2The App may request your permissions to use your
end-device’s camera and photo album during regular operation. If additional
authority is required, we will ask for your permission in advance.
8.1 As the App user you may submit graphics, photos, and any other
materials (collectively “Content”). You understand that, whether or not the
Content is published, we do not guarantee any confidentiality with respect to
such Content. You understand and agree that we cannot guarantee that you will
be able to retrieve or save posted Content locally, and are not responsible for
any loss of the Content.
8.2 You retain all of your ownership rights in your Content
submitted, however, by uploading, posting or otherwise transmitting your
Content on or to the App, you voluntarily grant to us a royalty-free,
perpetual, irrevocable, transferable, worldwide, non-exclusive rights and
licenses to use, sublicense, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, derive revenue or other remuneration
in the full term of any rights that may exist in such Content. You also permit
other users to access, display, view, store and reproduce such Content for
personal use under these terms of this Agreement.
8.3 When you provide your Content to the App, you understand and
accept complete responsibility for your Content, including any consequences
that may arise. We do not endorse any Content or any opinion, recommendation,
or advice expressed therein, and we expressly disclaim any and all liability in
connection with such Content. As such, you represent and warrant that you own
or have (and will continue to have during your use of the App) been granted all
necessary licenses, rights, consents and permissions for such Content.
8.4 You agree that your conduct through the App will comply with
(and you agree that all of your Content shall comply with) this Agreement, as
updated from time to time. You hereby warrant and represent that: (a) you are
the sole owner of and/or hold all rights in and to your Content; (b) there are
no restrictions, limitations which prevent or restrict you from granting the
licenses herein; and (c) your Content will not: (i) facilitate or promote
illegal activity, or contain content that is illegal; (ii) contain content that
is defamatory, misleading, fraudulent, obscene, distasteful, racially or
ethnically offensive, harassing, or that is discriminatory based upon race,
gender, colour, creed, age, sexual orientation, or disability; (iii) contain
sexually suggestive or explicit content; (iv) infringe upon or violate any
right of any third party; (v) disparage, defame, or discredit us or any third
party; (vi) contain any virus, viruses, worms, Trojan horses and other
disabling or damaging codes; or (vii) otherwise contain content that violates
any laws, rules, regulations or policies of any competent jurisdiction. You
agree to defend, indemnify and hold harmless us and our directors, employees,
shareholders, customers, agents, successors and assignees from and against any
and all loss, damage, settlement or expense (including reasonable legal
expenses) from and against any claim arising from breach of your
representations and warranties set forth in this Agreement.
8.5 You agree that you will not post or upload any Content which
it is unlawful for you to possess in the country in which you are resident, or
which it would be unlawful for us to use or possess in connection with the
provision of the Service.
8.6 You agree that the Content you submit to the Service will not
contain any third party copyright material, or material that is subject to
other third party proprietary rights (including rights of privacy or rights of
publicity), unless you have a formal license or permission from the rightful
owner, or are otherwise legally entitled.
8.7 On becoming aware of any potential violation of this
Agreement, we reserve the right (but shall have no obligation) to decide
whether such Content complies with the content requirements set out in this
Agreement, and may remove such Content and/or terminate a user’s access for
uploading such Content, at any time, without prior notice and at our sole
discretion.
9. CONFIDENTIALITY.
"Confidential Information" shall
mean the Photo Art and Services and all other information disclosed to you that
DAILY CAST HK LIMITED characterizes as confidential at the time of its
disclosure either in writing or orally, except for information which you can
demonstrate: (a) is previously rightfully known to you without restriction on
disclosure; (b) is or becomes, from no act or failure to act on your part,
generally known in the relevant industry or public domain; (c) is disclosed to
you by a third party as a matter of right and without restriction on disclosure;
or (d) is independently developed by you without access to the Confidential
Information. You shall use your best efforts to preserve and protect the
confidentiality of the Confidential Information at all times, both during the
term hereof and for a period of at least 3 years after termination of this
Agreement, provided, however, that any source code you receive shall be held in
confidence in perpetuity. You shall not disclose, disseminate or otherwise
publish or communicate Confidential Information to any person, firm,
corporation or other third party without the prior written consent of DAILY
CAST HK LIMITED. You shall not use any Confidential Information other than in
the course of the activities permitted hereunder. You shall notify DAILY CAST
HK LIMITED in writing immediately upon discovery of any unauthorized use or
disclosure of Confidential Information or any other breach of this Agreement,
and will cooperate with DAILY CAST HK LIMITED in every reasonable way to regain
possession of Confidential Information and prevent any further unauthorized
use. If you are legally compelled to disclose any of the Confidential
Information, then, prior to such disclosure, you will (i) immediately notify DAILY
CAST HK LIMITED prior to such disclosure to allow DAILY CAST HK LIMITED an
opportunity to contest the disclosure, (ii) assert the privileged and
confidential nature of the Confidential Information, and (iii) cooperate fully
with DAILY CAST HK LIMITED in protecting against any such disclosure and/or
obtaining a protective order narrowing the scope of such disclosure and/or use
of the Confidential Information. In the event such protection is not obtained,
you shall disclose the Confidential Information only to the extent necessary to
comply with the applicable legal requirements.
10. NOTICE
10.1 If you have any suggestions for
adjustments that you believe DAILY CAST HK LIMITED should make to the Photo Art,
or to request technical support related to the Photo Art, you may contact DAILY
CAST HK LIMITED via email address at jisufeedback@gmail.com Such technical
support obligations shall not go beyond the reasonable ability of DAILY CAST HK
LIMITED’s technical support personnel.
10.2 DAILY CAST HK LIMITED reserves the
right to modify this Agreement at any time without notifying you. If you have
any objection to the modified agreement, you may choose to uninstall Photo Art
and DAILY CAST HK LIMITED will not be responsible for any loss caused to you.
Your continued use of the Photo Art after any modification to this Agreement
will be deemed as your agreement to abide by the terms and conditions of the
newly modified agreement.
10.3 You acknowledge that the Photo Art is
subject to the operation and telecommunications infrastructures of the Internet
and the operation of your Internet connection services, all of which are beyond
DAILY CAST HK LIMITED’s control.
10.4 You acknowledge and agree that the Photo
Art and Services contain valuable trade secrets, confidential information and
proprietary information of DAILY CAST HK LIMITED. You further acknowledge that
any actual or threatened breach or violation of this Agreement will constitute
immediate, irreparable harm to DAILY CAST HK LIMITED for which monetary damages
would be an inadequate remedy, and that injunctive relief is an appropriate
remedy for any such breach or violation.
10.5 Arbitration. This Agreement and any
claim or dispute of whatever nature arising out of or relating to this
Agreement will be governed by and construed in accordance with the laws of Hong
Kong Special Administrative Region ("Hong Kong"), without giving
effect to any choice of law principles that would require the application of
another country or region's laws. Each Party agrees to submit to the personal
and exclusive jurisdiction of the courts located in Hong Kong. READ THIS
SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES
AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DAILY CAST HK LIMITED.
For any dispute with DAILY CAST HK LIMITED, you agree to first contact DAILY
CAST HK LIMITED according to the notice procedures above and attempt to resolve
the dispute with DAILY CAST HK LIMITED informally. In the unlikely event that DAILY
CAST HK LIMITED has not been able to resolve a dispute it has with you after
sixty (60) days, the Parties each hereby agree to resolve any claim, dispute,
or controversy (excluding any claims for injunctive or other equitable relief
as provided below) arising out of or in connection with or relating to this
Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by
binding arbitration by Hong Kong International Arbitration Centre
("HKIAC"). The arbitration will be conducted in Hong Kong, unless the
Parties mutually agree in writing otherwise. Each Party will be responsible for
paying any HKIAC filing, administrative and arbitrator fees in accordance with
HKIAC rules, and the award rendered by the arbitrator shall include costs of
arbitration, reasonable attorneys’ fees and reasonable costs for expert and
other witnesses. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. Nothing in this Section shall
be deemed as preventing DAILY CAST HK LIMITED from seeking injunctive or other
equitable relief from the courts as necessary to prevent the actual or
threatened infringement, misappropriation, or violation of DAILY CAST HK
LIMITED’s data security, intellectual property rights or other proprietary
rights.
10.6 This version of the Photo Art is
owned by DAILY CAST HK LIMITED and all rights of final interpretation and
modification of this Agreement are reserved by DAILY CAST HK LIMITED.
11. Auto Renewing Subscriptions
For auto renewing subscriptions completed
in our iOS Apps following terms apply:
11.1 Payment will be charged to iTunes Account at
confirmation of purchase.
11.2 Subscription automatically renews unless auto-renew
is turned off at least 24-hours before the end of the current period.
11.3 Account will be charged for renewal within 24-hours
prior to the end of the current period, and identify the cost of the renewal.
11.4 Subscriptions may be managed by the user and
auto-renewal may be turned off by going to the user's Account Settings after
purchase.
11.5 Any unused portion of a free trial period, if
offered, will be forfeited when the user purchases a subscription to that
publication, where applicable.
11.6 You can cancel a free trial or subscription anytime
by turning off auto-renewal through your iTunes account settings. This must be
done 24 hours before the end of a free trial or subscription period to avoid
being charged. The cancellation will take effect the day after the last day of
the current subscription period, and you will be downgraded to the free
service.
12. MISCELLANEOUS.
(a) This Agreement constitutes the entire
agreement between the parties concerning the subject matter hereof, which may
only be modified by a written amendment signed by an authorized executive of DAILY
CAST HK LIMITED. (b) If any part of this Agreement is held invalid or
unenforceable, that part shall be construed to reflect the parties' original
intent, and the remaining portions remain in full force and effect, or DAILY
CAST HK LIMITED may at its option terminate this Agreement. (c) The controlling
language of this Agreement is English. If you have received a translation into
another language, it has been provided for your convenience only. (d) A waiver
by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, shall not waive such term or condition or any
subsequent breach thereof. (e) You may not assign or otherwise transfer by
operation of law or otherwise this Agreement or any rights or obligations
herein. DAILY CAST HK LIMITED may assign this Agreement to any entity at its
sole discretion. (f) This Agreement shall be binding upon and shall inure to
the benefit of the parties, their successors and permitted assigns.