Terms of Service
For purposes of this Agreement, the following terms will have the following meanings:
1.1 “Hello Translator” means the proprietary DAILY CAST HK LIMITED software products (in object code format only) delivered to you hereunder (including but not limited to the Hello Translator), together with any updates or upgrades thereto, when and if made available to you by DAILY CAST HK LIMITED. The Hello Translator 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 Hello Translator, 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 Hello Translator, 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 Hello Translator in accordance with the terms and conditions of this Agreement.
1.5 “User” means the legal entity or person who orders or downloads the Hello Translator and/or activates the Services.
2. PERSONAL NON-COMMERCIAL USE ONLY
2.1 The Hello Translator 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 Hello Translator for personal non-commercial purposes only and provides this non-commercial-use Hello Translator. 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 Hello Translator 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 Hello Translator as such updates or upgrades become available. You may copy and distribute Hello Translator solely in a non-commercial manner. You agree to use your best efforts to prevent and protect the contents of the Hello Translator 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 Hello Translator software, is prohibited unless such individual has obtained prior written approval from DAILY CAST HK LIMITED.
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 Hello Translator or Services except as expressly permitted under the terms and conditions of this agreement; (ii) separate the component programs of the Hello Translator 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 Hello Translator or Services; (iv) sublicense, lease, rent, loan, or distribute the Hello Translator or Services to any third party; (v) transfer the Hello Translator or Services to any third party; (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Hello Translator, (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 Hello Translator; (vi) remove, alter or obscure any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Hello Translator or Services, or the applicable documentation therefore; (vii) allow third parties to access or use the Hello Translator 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 Hello Translator or Services; or (ix) modify, adapt or translate the Hello Translator or create any derivative work of the Hello Translator. You may not release the results of any performance or functional evaluation of any of the Hello Translator 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 Hello Translator 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 Hello Translator 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 Hello Translator, including without limitation the Hello Translator’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 Hello Translator 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 Hello Translator or Services is the property of the applicable content owner and may be protected by applicable copyright law. No title or ownership to the Hello Translator 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 Hello Translator, 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 Hello Translator 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 Hello Translator. If damages are caused to others or to DAILY CAST HK LIMITED's image by your copying, modifying or transmitting of the Hello Translator 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 Hello Translator, 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 Hello Translator 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 Hello Translator 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 Hello Translator and/or Services, promptly destroy or have destroyed the Hello Translator 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 Hello Translator does not contain any viruses or other malicious codes. Despite thorough testing of the Hello Translator, 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 Hello Translator directly from the "Apps" within Settings. The Hello Translator is believed to be compatible only with mobile devices with Android system version 2.1 and up.
5.2 Because the Hello Translator may be downloaded and transmitted through the Internet, DAILY CAST HK LIMITED is unable to guarantee whether or not the Hello Translator 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 Hello Translator 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 Hello Translator. YOU AGREE THAT THE Hello Translator AND SERVICES ARE PROVIDED “AS IS” AND THAT DAILY CAST HK LIMITED AND ITS LICENSORS MAKE NO OTHER WARRANTY AS TO THE Hello Translator 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 Hello Translator 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 Hello Translator WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (ii) THAT ACCESS TO THE Hello Translator WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT THEE Hello Translator 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 Hello Translator OR SERVICES ABSENT SUCH DISCLAIMER. DAILY CAST HK LIMITED AND ITS LICENSORS ALSO DO NOT WARRANT THAT THE Hello Translator 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 Hello Translator, 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 Hello Translator 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 Hello Translator OR SERVICES FOUND TO BE DEFECTIVE THE AMOUNT PAID TO DAILY CAST HK LIMITED IN RESPECT OF THE Hello Translator 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 Hello Translator 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.
"Confidential Information" shall mean the Hello Translator 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.
7.1 If you have any suggestions for adjustments that you believe DAILY CAST HK LIMITED should make to the Hello Translator, or to request technical support related to the Hello Translator, you may contact DAILY CAST HK LIMITED via email address at firstname.lastname@example.org Such technical support obligations shall not go beyond the reasonable ability of DAILY CAST HK LIMITED’s technical support personnel.
7.2 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 Hello Translator and DAILY CAST HK LIMITED will not be responsible for any loss caused to you. Your continued use of the Hello Translator after any modification to this Agreement will be deemed as your agreement to abide by the terms and conditions of the newly modified agreement.
7.3 You acknowledge that the Hello Translator 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.
7.4 You acknowledge and agree that the Hello Translator 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.
7.5 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.
7.6 This version of the Hello Translator 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.
8 Auto Renewing Subscriptions
For auto renewing subscriptions completed in our iOS Apps following terms apply:
8.1 Payment will be charged to iTunes Account at confirmation of purchase.
8.2 Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
8.3 Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
8.4 Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
8.5 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
8.6 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.
(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.