Terms of Service
This Terms of Service (this “Agreement”) constitutes part of a binding agreement between Colorfulnight Limited (“we”, “us”, or “our”) and each end user (“you” or “your”) regarding your downloading, installation, and use of our mobile software (the “App” or “Software”) and related services (the “Service” or “Services”).
Your downloading, installation, use of, and other access to the Software and Services are conditioned on your acceptance and compliance with the terms of this agreement. We have the rights to modify this Agreement regarding updates of the Software. You can check the modified version of this Agreement from the Software or its publishing digital store. You understand and agree that if you continuously use the Software after the date on which the terms of this Agreement have been changed, We will treat your use as acceptance and compliance with the updated terms. You agree that you will comply with all of the other provisions of this Agreement at all times during your use of the App and the Service.
USE BY JUVENILES
The Software does not directly target any juvenile users. If you are a juvenile user, please first seek the consent of your guardian and or other adult with guardianship duties prior to deciding to use the Software. In addition, your guardian and or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use the Software in a proper way.
GENERAL RESTRICTIONS
2.1. Subject to your compliance with this Agreement, we hereby grant you permission to access and use the Service that is subject to the following conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part;
2.1.1. You agree not to distribute any part of the App or any element of
2.1.2. You agree not to alter or modify any part of the Service;
2.1.3. You agree not to use the Service for any commercial use, including without limitation the following uses:
(a) the sale of access to the Service;
(b) the sale of advertising, sponsorship or promotions placed on or within the Service.
Prohibited commercial uses shall not include usage of any photograph or image owned by you which you edited using the Service. Please note that you may not make any commercial usage of the stock photos contained in the Service. As a part of the terms of use of the Service you hereby obligate yourself to indemnify us for any damage resulting from such commercial usage of the said stock photos.
2.1.4. You agree not to use or launch any automated system (including, and without limitation to, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Service in a given period of time than a human can reasonably produce in the same period by using a publicly available standard (i.e., not modified) web browser;
2.1.5. You agree not to collect or harvest any personal data of any user of the Service;
2.1.6. You agree not to use the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.
2.2. You agree that you are solely responsible, and that we have no responsibility to you or to any third party, for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which may result from such action) of any such breach.
INTELLECTUAL PROPERTY
3.1. The Software is developed by us independently. You acknowledge and agree that we retain all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, User Interface, framework, related data, printing materials, or electronic documents, are protected by relevant international agreements and other intellectual property laws and regulations.
3.2. You may not (and you may not permit anyone else to) take actions directly or indirectly that may infringe intellectual property rights and related interest of us (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so).
3.3. You, or any entrusted third party, may not, whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc.
3.4. In an event where a breach is suspected that may result in our loss or damage, we reserve the rights to take action in accordance with applicable laws to protect our copyrights, trademarks, patents, and business secrets.
CONTENT
4.1. As a Software user, you may submit us 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 is not responsible for any loss of the Content.
4.2. When you provide your Content to us, 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. 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 Software) been granted all necessary licenses, rights, consents and permissions for such Content.
4.3. You agree that your conduct and Content submitted through the Software will 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 nor 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 that may result in loss or damage to any party; or (vii) otherwise contain Content that violates any laws, rules, regulations or policies of any competent jurisdiction.
You agree to defend, indemnify, and hold us,our directors, employees, shareholders, customers, agents, successors, and assignees harmless from and against any 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.
4.4. You agree that you will not provide any Content which is unlawful for you to possess in your residential country or which would be unlawful for us to use or possess in connection with the provision of the Service.
4.5. 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.
4.6. 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.
PRIVACY POLICY
Use of the Software is also governed by our Privacy Policy which is incorporated herein by reference. Your privacy is important to us. We designed Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read the policy carefully and use it to make informed decisions.
PAID SERVICES
6.1. Some of the Services provided by the Software will need to be paid for use (“Paid Services”) with provision of free trial period prior to billing. You may choose our weekly, monthly, or annual package (“Subscription”) for the Paid Services. Once the fees are duly paid in full, you will acquire the Paid Services within the Subscription period. In the future, the Software may comprise further Paid Services. If you already subscribed the Paid Services during the period the further Paid Services is updated, you will be able to use the further Paid Services during the Subscription period without extra charge. Should you wish to continue your Subscription via renewal, you might be extra charged as much as published on the App Store. However, you will be extra charged provided that (1) no extra charge is required by us. We recommend you to update the Software as may be required to use the further Paid Services.
6.2. For any Paid Services offered by us, we accept payment via the current payment method indicated prior to purchase that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing method.
6.3. We could modify about our payment policy according to practical needs. Some free services may become Paid Services in the future. If the fee is not paid on time and in full, you will no longer be able to use the Paid Services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the Paid Services, we will not refund the payment to you whether or not you use such service.
INDEMNIFICATION
You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.
LIMITATIONS OF LIABILITIES AND DISCLAIMER
8.1. You acknowledge and agree that the Software and the Services may have potential risks like service interruption, failure to respond to users’ requests due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
8.2. We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
8.3. In view of business development and adjustment, we reserve the right to amend or terminate Services without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
8.4. The Software which is not officially released or authorized by us and the derivative works of the Software are illegal. User’s downloading, installation, and user this software may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
8.5. You agree to the most extent under applicable law that we own other disclaimer rights not listed in this Agreement.
TERMINATION
9.1. You have the rights to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
9.2. Unless we unilaterally terminate this Agreement or you terminate this Agreement as above, this Agreement and the terms (including the updated agreement following) will remain effective.
9.3. Your rights will be terminated automatically if you breach any obligations stated in this Agreement. We and any other third-parties have on need to send your additional notice.
9.4. The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
OTHERS
10.1. You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the rights to continuously exercise or enforce the rights or regulation.
10.2. Without written authorization from the other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
10.3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
10.4. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both sides agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit settlement of lawsuits to competent court where our business office located.
10.5. We reserve the final interpretation rights on this Agreement.
10.6. If you have any feedback on the Software and Services or this Agreement, you may contact us via colorfulnighttom@gmail.com. We use our best efforts to provide you with timely and necessary assistance.