PLEASE READ THE FOLLOWING IMPORTANT TERMS OF SERVICE BEFORE YOU
INTERACT WITH THE LIT.IT PLATFORM AND CHECK THAT THEY DO NOT CONTAIN
ANYTHING THAT YOU ARE NOT WILLING TO AGREE TO. IF YOU DO NOT AGREE
WITH ANY OF THESE TERMS, YOU SHOULD STOP USING THE SERVICE IMMEDIATELY
Valid as of: 03.08.2022
Introduction
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Thank you for using the Lit.it platform (“Platform”) and the
products, services and features we make available to you as part
of the Platform from time to time (collectively, the “Service”).
These terms of service serve to govern your access to and use of
our Service.
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The entity providing the Service to you is LitTech Pte. Ltd. with
its registered address at: 10 Anson Road, #23-05, International
Plaza, Singapore (079903) (referred to as “we”, “us”, or “our”).
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If you use our Service, you agree to be legally bound by these
terms of service, which constitute a contract between you and us.
You also represent and warrant that you have the will, right,
authority and capacity to enter into, and to be bound by, these
terms of service and to abide by the provisions hereof. These
terms of service supersede any and all other agreements, whether
oral or in writing, regarding the Service provision and no
supplement, modification or amendment of these terms of service
shall be binding unless it is stipulated herein.
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If you have any questions about this contract or any purchases you
have made, please contact us by sending an email to
request@lit.it. Any translation of the terms of service is meant
to aid you in understanding the said terms of service, and do not
in any way result in application of the local laws in your country
of residence or operation, other than laws of Singapore.
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To improve the quality of Service, to comply with legal
requirements and to respond to changes in market conditions we may
update and change these terms of service from time to time. The
new version of the terms of service comes into force from the
moment of its placement on the Platform. In this case, we
undertake to notify you of the changes altering the content of
these terms of service by posting a notice on the Platform or by
sending it to your e-mail address at least fifteen (15) calendar
days prior to such changes. During that period, you have a right
to agree or disagree with them. The period of such notice may be
extended at our discretion in case of significant changes, or may
be reduced if such changes are required by national law. By
continuing to use the Service, you accept these terms of service
as amended. Ensure that you read these terms of service each time
you wish to use our Service. If you refuse to accept updates to
these terms of service, you should not visit the Platform and use
the Service. You undertake to delete your account and terminate
use of the Platform and the Service in such a case.
For some changes or updates of these terms of service that we
need to make in connection with security, legal or regulatory
requirements, we may not be able to notify you in advance but we
will notify you afterwards as soon as possible.
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THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND A WAIVER
OF RIGHTS TO BRING A CLASS ACTION AGAINST US.
Our Service
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The Service is a video sharing platform, which allows you to
discover, watch and share videos and other visual content. It is
free to use.
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The Service is accessible via Lit.it mobile applications
(“Application”) and our website at the following link
https://lit.it (“Website”). Functionality of the Platform and
accessibility of the Service may be different in the Application
and the Website. Not all Service or features of the Website or the
Application may be fully available in your country or region.
Different features may be available in different versions of the
Website or the Application.
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We will use all reasonable efforts to ensure that the Service is
free from defects, viruses and other malicious content.
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We do not promise that the Service is compatible with any
third-party software or equipment except where we have otherwise
said that it is.
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You acknowledge that there may be errors or bugs in the Service.
We will use reasonable efforts to ensure the availability of the
Service without significant interruptions, however, you
acknowledge and agree that the Service may from time to time be
completely or partially unavailable for reasons of planned or
unplanned downtime, for maintenance or in case of technical
issues.
Lit.it account; LIT points; LITIT tokens
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In order for you to be able to access Lit.it Platform, you may be
required to create a personal account with us (“Account”). Account
registration requires you to submit to us certain information.
When you provide information to the Platform or in connection with
the Service, you agree to provide only true, accurate, current and
complete information about yourself, and you agree not to
misrepresent your identity or your Account information.
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To create an Account, you will need to create an account with us
by completing and submitting the online form located on our
Website or the Application. Your account will then be enabled for
access to the Service. We have the right to require identification
data in electronic form uniquely representing you. You are obliged
to provide us with true, accurate, current and complete
identification data. You agree that you may be denied access to or
use of the Service if you refuse to provide proof of identity. You
are allowed to create only one Account.
Your Account username and password are personal to you. It is
important for you to keep your Account username and password
secret and to ensure that no third parties have access to them.
If you became aware or have sufficient grounds to believe that
someone got your username or password or has an unauthorised
access to your Account, please notify us at request@lit.it. We
will not be responsible for any loss or damage as a result of
someone else using your Account with or without your knowledge.
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If you have created an Account, then certain of your interactions
with our Service will generate LIT points attributable to your
Account. LIT points function as a Platform currency, which you can
get and spend exclusively on the Platform. For example, you will
be able to get LIT points for the following interactions with the
Platform:
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viewing and sharing content on the Platform;
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inviting friends to join the Platform;
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watching advertising;
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Actions generating LIT points performed by a user on the Platform
will be subject to certain in-app algorithms and limitations that
will apply in order to prevent abusive and unfair conduct by the
users. For example, a daily number of rewarded shares of content
and a daily number of rewarded views of content one user can
generate will be limited.
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You will be able to spend LIT points on the Platform in one (or
several) of the following ways as soon as respective functionality
appear on the Platform:
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tip other users;
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boost own videos on the “for you” page;
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unlock your profile visitors;
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get private gifts and stickers;
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convert LIT points into LITIT token.
You can spend LIT points on the Application as well as on the
Website.
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You will be able to get LITIT token in one (or several) of the
following ways as soon as respective functionality appears on the
Platform:
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for selling access to private audio rooms or video streams;
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by means of converting LIT points into LITIT tokens via the
functionality of the Platform;
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as tips from other users.
We reserve the right to refuse to process, or to cancel, correct,
clawback, or reverse, any LIT points/LITIT tokens transaction,
LITIT tokens conversion, or even terminate your Account without
the opportunity to restore it again at our sole discretion at any
time, in response to a subpoena, court order, or other government
order, or if we suspect that your conduct may involve fraud,
misconduct, money laundering, terrorist financing, or any other
type of financial crime, be erroneous, or relate to not acceptable
use of the Service as set forth in these Terms of Service.
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You will be able to spend LITIT token on the Platform in one (or
several) of the following ways as soon as respective functionality
appears on the Platform:
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tip other users;
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boost own videos on the “for you” page;
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get private gifts and stickers;
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get advertising on the Platform.
The price for Services on the Platform in LITIT tokens will be
dynamic and displayed at the point of purchase.
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You will only be eligible to exchange your LIT points for LITIT
tokens once we have successfully completed our “know your
customer” checks. We have the right to request from you any
documents and information in order to perform the KYC checks. You
are obliged to provide us with true, accurate, current and
complete documents and information. You agree that you may be
limited or denied access to or use of the Service if you refuse to
provide us with the requested documents or information or if we at
our sole discretion decide that you are not eligible to use the
Service. Before you pass KYC, you will be able only to use LIT
points on the Application for limited purposes. When you will
generate certain amount of LIT points you will be required to pass
a KYC in order to get more LIT points. Since the number of LITIT
tokens is limited, in order to avoid running out of the LITIT
tokens, we will use algorithms that will adjust the actual amount
of LITIT tokens you can get for the same number of exchanged LIT
points as the Platform’s user-base will grow.
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You can view the number of LIT points and LITIT tokens you have at
any time by viewing the “Wallet & points earned” tab within the
Platform.
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You will be entirely responsible for establishing whether the
issue of LIT points to you, their exchange into LITIT tokens, use
and probable appreciation or depreciation thereof over time has
any legal or tax implications for you in your home jurisdiction
and you agree not to hold us liable for any such liability that
may arise. You must seek your own legal and/or professional tax
advice in connection with the earning and using of the LIT points
and/or LITIT tokens.
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You acknowledge and agree that LIT points and LITIT tokens are not
to be construed, interpreted, classified or treated as: (i) any
kind of currency, including e-money; (ii) debentures, stocks or
shares issued by us; (i) rights, options or derivatives in respect
of such debentures, stocks or shares; (ii) rights under a contract
for differences or under any other contract the purpose or
pretended purpose of which is to secure a profit or avoid a loss;
(iii) units in a collective investment scheme; (iv) units in a
business trust; (v) derivatives of units in a business trust; or
(vi) any other security, class of securities or form of investment
(whether regulated or otherwise); (vii) any kind of stocks or
shares in any other legal entity. You further acknowledge and
agree that nothing contained herein or on our Website and the
Application is an invitation or inducement to engage in investment
activity nor an offer or a solicitation to conduct investment
business, as it might be considered so under the Securities and
Futures Act (“SFA”).
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There is no monetary value to LITIT tokens. There is currently no
public market to sell or exchange the LITIT tokens and there may
be no public market to make such a sale or exchange in future, and
that, even if such a public market then exists, the LITIT tokens
may be precluded from being sold or exchanged under applicable
law. You acknowledge and agree that LITIT tokens are not backed by
any hard assets or other credit. You agree that no one is obliged
to purchase any LITIT tokens from you, nor do we in any way
guarantee the liquidity or any market price of the LITIT tokens to
any extent at any time.
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Certain content on the Platform may not be suitable for minors. In
this regard parents or legal guardians who permit their child to
access and use the Platform or the Service are required to
supervise such child’s activity, including, without limitation,
any engagement with any other user.
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THE PLATFORM AND THE SERVICE CAN BE USED ONLY BY PEOPLE OF 13
(THIRTEEN) YEARS OLD AND OVER.
In case you are between the ages of 13 (thirteen) and 18
(eighteen) years old (or any greater age required to be deemed to
have reached the age of majority under the applicable law of the
state or jurisdiction of your residence) you may only access and
use the Service with the prior permission of your parent or legal
guardian. In case you are using the Service, you represent and
warrant that you have permission (if applicable) and that your
parent or legal guardian has reviewed and explained these terms of
service to you (if applicable).
For example, if you are a user from Indonesia, the use of the
Service is only allowed if you are 14 (fourteen) years old and
over. The prior permission of your parent or legal guardian
applies to you if you are between the ages of 14 (fourteen) and 21
(twenty-one) years old. The Service can be used without such
permission if you are at least 21 (twenty-one) years old or
married or not under guardianship. Similarly, such restriction in
the form of obligatory permission from a parent or legal guardian
applies to users from Thailand between the ages of 13 (thirteen)
and 20 (twenty) years old as well as in certain other
jurisdictions.
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If you are under the age of 13 you must not access the Service and
you must not create an Account.
Acceptable use of the Service
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We permit you to use the Service for personal purposes
(non-commercial) and primarily for discovering, watching and
sharing videos and other digital content hosted through the
Service. Use of the Service in any other way, including any
unacceptable use set out in these terms of service, is not
permitted. Should you wish to use the Service to share video and
other digital content on behalf of multiple creators (whether you
are acting on their behalf or have acquired the content of
multiple creators), then you will need a separate licence to use
the Service (to obtain one, please contact us at the following
email request@lit.it ) and you must not use the Service without
having entered into such a licence with us.
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As a condition of your use of the Service, you agree not to use
the Service:
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if you do not agree to comply with these terms of service or
any part thereof;
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if you are below the age of 13 years old or if you have not
obtained permission of your parent or legal guardian as
prescribed by these terms of service;
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for any purpose that is unlawful under any applicable law or
prohibited by these terms of service;
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to commit any act of fraud;
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to distribute viruses or malware or other similar harmful
software code;
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for purposes of promoting unsolicited advertising or sending
spam;
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to simulate communications from us or another service or
entity in order to collect identity information,
authentication credentials, or other information
(‘phishing’);
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in any manner that disrupts the operation of our Service or
business or the website or business of any other entity;
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in any manner that harms children;
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to promote any unlawful activity;
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to represent or suggest that we endorse any other business,
product or service unless we have separately agreed to do so
in writing;
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to gain unauthorised access to or use of computers, data,
systems, accounts or networks; or
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to attempt to circumvent password or user authentication
methods.
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Using our Service, you also agree and undertake not to:
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make copies, modify, adapt, translate, reverse engineer,
disassemble, decompile or create any derivative works based
on the Service;
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distribute, license, transfer, or sell, in whole or in part,
any of the Service or any derivative works thereof;
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market, rent or lease the Service for a fee or charge, or
use the Platform to advertise or perform any commercial
solicitation unless such activities are expressly authorised
by us in advance;
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incorporate the Platform or any portion thereof into any
other program or product;
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extract any data from the Service for commercial purposes
including by using a specialized software;
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impersonate any person or entity, falsely state or otherwise
misrepresent you or your affiliation with any person or
entity;
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defame, abuse, harass, stalk, threaten, bully, or otherwise
violate legal rights (such as, but not limited to, rights of
privacy and publicity) of any other user or person, or use
information learned from the Platform to perform the
aforementioned;
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infringe intellectual property rights of any person in any
manner while using the Service. For example, you are obliged
and agree not to submit any content to the Platform that is
the property of someone else without proper authorization
from such person; or
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use the Service to either intentionally, recklessly or
negligently upload, transmit, distribute, store:
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content which may breach applicable laws or which
infringes any other person’s rights;
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unsolicited or unauthorised advertising, solicitations,
promotional materials, “junk mail”, “chain letters”,
“pyramid schemes”, or any other prohibited form of
solicitation;
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content which may infringe any copyright, trade mark or
other intellectual property rights of any other person;
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content, or files that contain materials, that features
any person that has not given you express permission to
include such person in such Submission (defined below),
including, without limitation, such person’s name,
image, voice, likeness, biographical material, and any
other right of publicity/privacy held by such person in
connection with such Submission;
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content which infringes privacy rights of any other
person;
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content which contains nudity;
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content which is defamatory, profane, infringing,
obscene, pornographic, unlawful (e.g., drug use or other
criminal activity), offensive and/or harmful, including,
but not limited to, content that advocates, endorses,
condones or promotes racism, bigotry, hatred or physical
harm of any kind against any individual or group of
individuals;
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content that would constitute, encourage or provide
instructions for a criminal offence, dangerous
activities or self-harm;
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content which facilitates the sale of marijuana or
marijuana products, regardless of legality in your
jurisdiction;
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content with child sexual abuse imagery (e.g.,
paedophilia or inappropriate interaction targeted at a
minor);
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content that is designed to provoke or antagonise
people, like trolling and bullying, or is intended to
harass, harm, hurt, scare, distress, embarrass or upset
another person;
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content that contains a threat of any kind;
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content that is racist or discriminatory;
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content that promotes terrorist acts, incites violence,
or celebrates terrorist attacks;
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content that that promotes unapproved substances, such
as false or misleading health claims or products that
have been subject to any government or regulatory action
or warning;
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content that provides instructions for the manufacture
of explosives, firearms, ammunition, restricted firearm
accessories, or other weapons;
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content that facilitates the sale of tobacco (including
e-cigarettes and vape pens) or encourages the illegal or
inappropriate use of alcohol or tobacco, such as imply
that consuming tobacco can improve social, sexual,
professional, intellectual, or athletic standing;
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Your Submission shall not contain your or any other persons
protected health information. You are also strictly prohibited
from submitting through the Platform in any manner any sensitive
information, which may include, for example, personal information
specifying medical or health conditions, racial or ethnic origin,
trade union membership, etc. Should we discover that you have done
so, we reserve the right to remove it and to ban you from the
Platform.
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We may generate revenues, increase goodwill or otherwise increase
our value from your use of the Service. You confirm and agree
that, except as specifically permitted by us in these terms of
service or in another agreement between you and us, you will have
no right to any such revenue, goodwill or value (or any their
part) whatsoever.
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You also confirm and agree that you have no right to receive any
income or other consideration from the Service or your use of any
musical works, sound recordings or audio-visual clips made
available to you on or through the Service, including in any
Submission created by you, unless otherwise specifically
prescribed by these terms of service.
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Subject to these terms of service, you are hereby granted a
non-exclusive, limited, non-transferable, non-sublicensable,
revocable, worldwide license to access and use the Service,
including to download the Platform on your device, and to access
the Lit.it content solely for your personal, non-commercial use.
Such license does not include any resale or commercial use of the
Platform, or any content, materials, information, text, data,
copyrights, trademarks, logos, designs, insignia, images, photos,
musical compositions, sound recordings, screenshots, videos,
chats, posts, graphics, identifying marks, Website or Application
pages, software, and other original works of authorship and/or
intellectual property submitted to, or incorporated into, the
Platform by us. All such content remains our sole and exclusive
property (or the applicable third-party licensor thereof). Upon
termination of your Account for any reason, this license will
automatically terminate. We and our licensors reserve all rights
not expressly granted herein.
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You acknowledge and agree that you are using the Service at your
own risk. The content on the Service is provided for general
information only. It is not intended to be an advice on which you
can rely. You must obtain professional advice before taking or
refraining from any action on the basis of the content on the
Service. Although we make reasonable efforts to update the
information on our Website and the Application, we make no
representations, warranties or guarantees, whether express or
implied, that the Submissions are accurate, complete or up to
date. Our Website is for information only. It is not an invitation
or inducement to engage in investment nor an offer or a
solicitation to conduct investment business, as it might be
considered so under the Securities and Futures Act (“SFA”). Access
to our Website and/or Services is not permitted to any person in
any jurisdiction (by way of nationality, residence, domicile or
otherwise) where the publication or availability of the Website
and/or the Service (or part thereof) would be in contravention of
any applicable law or regulation. We make no representation that
any material contained on the Website and/or the Service is
appropriate for any jurisdiction. You are responsible for
compliance with all applicable local laws.
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You may incorporate sound recordings (and musical works) provided
by us to you via functionality of the Platform into your
Submissions. For the sake of clarity, your rights to incorporate
such sound recordings (and musical works) into your Submissions
include the right to store, publish, display and/or play such
Submissions via the Platform. No rights are provided to you in
relation to any sound recordings (and musical works) which are
made available on the Platform by other users.
When it concerns the sound recordings (and musical works)
provided to you via the Platform:
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you may not incorporate them as an element of a digital
template for sale or distribution;
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you may not resell, sublicense, rent, loan, assign or
transfer the sound recordings (and musical works) to any
third parties, except pursuant to separate agreement with
us. For avoidance of doubt, no restriction on
transferability applies to your Submission that incorporate
the sound recordings (and musical works) provided to you via
the Platform;
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you may not (i) distribute, transmit or publicly display the
sound recordings (and musical works) as a template, a
standalone file or to others for consumption, reproduction
or re-sale, or (ii) superficially modify any such sound
recordings (and musical works) and sell or license them to
others for consumption, reproduction or resale;
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you may not incorporate them into a logo, trademark or
service mark;
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you may not use any such sound recordings (and musical
works) in a pornographic, unlawful or defamatory context or
manner, including use (i) in connection with pornography,
adult videos, adult entertainment venues, escort services,
dating services, or the like; (ii) in connection with the
advertisement or promotion of tobacco products; or (iii)
depicting a person as engaging in acts of moral turpitude or
criminal activity.
Sound recordings’ (and musical works’) licensor, contributors
and their respective affiliates shall not be liable to you or
any other person or entity for any punitive, special, indirect,
exemplary, consequential or incidental damages, lost profits or
any other damages, costs or losses, arising under these terms
and conditions. Some jurisdictions do not allow for the
limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion may
not apply to you. Limitation of liability apply even if sound
recordings’ (and musical works’) licensor, content contributors
and their respective affiliates have been advised of the
possibility of such damages.
You will promptly reimburse the sound recordings’ (and musical
works’) licensor, contributors and their respective affiliates
for any costs (including reasonable attorneys' fees and court
costs) that are incurred by in connection with your breach of
any of your obligations in relation to sound recordings’ (and
musical works’) provided to you via the Platform. The sound
recordings’ (and musical works’) licensor, contributors and
their respective affiliates are intended third person
beneficiaries of these terms and conditions.
In the event you arrange a public performance of any work that
includes the sound recordings’ (and musical works’) provided to
you via the Platform, in connection with any medium that retains
valid performance licenses from the American Society of
Composers, Authors and Publishers (“ASCAP”), Broadcast Music,
Inc. (“BMI”), or other applicable performing rights society, you
shall deliver to us a music cue sheet with regard to such work
within twenty (20) days of the initial commercial broadcast of
such work. Notwithstanding anything else herein, if a work
incorporating such sound recordings’ (and musical works’), or
part thereof, is distributed through a medium not owned by you,
then you acknowledge and agree that such medium must have
blanket performance licensing in place with such performance
rights organizations, or a separate performance fee must be
negotiated in good faith and paid to the publisher.
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Using the Service, you may interact with other users. You are
solely responsible for all your interactions with the Platform and
other users. You acknowledge and agree that we will not be
responsible for the actions of any users with respect to any other
user or Submission.
Video sharing, chat rooms, direct messaging, forums and other
interactive services
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We will permit you to share videos, images, texts, sound
recordings, musical works and may make chat rooms, direct
messaging and other communication services (“Interactive
Services”) available on the Service.
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We may monitor or moderate any text, images, video, audio or other
multimedia content, information or material (“Submission”)
submitted to our Interactive Services. Where we monitor or
moderate Submissions, we will indicate how this is performed and
who should be contacted in relation to any Submission of concern
to you. We do not in any way represent or guarantee the accuracy
or appropriateness of any Submission, and under no circumstances
will we be liable in any way for any Submissions. You may complain
about Submissions of other users at: request@lit.it.
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You will have the ability, through the Service, to flag
Submissions and content to us for removal that:
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breach these terms of service (including acceptable use of
the Service and use of the Interactive Services);
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infringes copyright of third parties; or
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breach applicable law.
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We may remove or edit any Submission to any of our Interactive
Services whether they are moderated or not.
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You can block content, other users of the Service and content
creators at any time.
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Any Submission you make to our Interactive Services and any other
communication to users of our Service by you must conform to
standards of accuracy, decency and lawfulness, which shall be
applied in our discretion, acting reasonably. You acknowledge and
agree that your Submission will be made publicly available to
other users on the Platform, and that your Account name will be
linked to all your Submissions.
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In particular, any Submission you make must be:
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your own original work and lawfully submitted;
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factually accurate or your own genuinely held belief;
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provided with the necessary consent of any third party;
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not defamatory or likely to give rise to an allegation of
defamation;
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not offensive, obscene, sexually explicit, discriminatory or
deceptive; and
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unlikely to cause offence, embarrassment or annoyance to
others,
and to the extent permitted by law, you shall indemnify us
against all losses, liabilities, obligations, costs (including
legal costs), claims and demands incurred by us, arising
directly or indirectly out of any breach by you of these terms
of service.
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Any Submission is considered to be non-confidential. You agree not
to post any Submission on or through the Service that you consider
to be confidential or proprietary to any other person. Posting any
Submission, you guarantee and represent that such Submission is
either owned by you, or you have all necessary licenses or other
legal permissions to use and submit it to the Service. For
example, in case you only own the rights in and to a sound
recording, but not to the underlying musical works, then you must
not upload such sound recordings through the Service unless you
have all licenses or other permissions from the owner of the
content to submit through the Service.
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By making a Submission, you grant to us and our affiliates,
agents, partners an unconditional, royalty-free, irrevocable,
non-exclusive, transferable, perpetual worldwide licence to use,
reproduce, modify, publish, edit, translate, distribute, perform
and display your Submission (in whole or in part) on the Service,
and on any other websites or other platforms, either now known or
hereinafter invented, indefinitely, unless prohibited by
applicable law.
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The rights granted in p.5.9 include, but are not limited to, the
right to reproduce and publicly perform sound recordings on a
royalty-free basis, meaning that you are granting us the right to
use your Submission without the obligation to pay royalties to you
or any third party, including, but not limited to, a sound
recording copyright owner, a musical work copyright owner, a
performing rights organisation, a sound recording organisation or
other royalty participants that may be involved in the creation of
your Submission. It is your obligation to notify your performing
rights organisation of the royalty-free license you grant through
these terms of service to us and/or other users.
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Using the Service, you grant us and our affiliates, agents,
services providers, partners and other connected third parties a
royalty-free license to use your user’s name, image, voice, and
likeness to identify you as the source of any of your Submissions
as well as for any marketing purposes.
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By making a Submission, you also grant to other users of the
Service an unconditional, irrevocable, non-exclusive,
royalty-free, perpetual worldwide licence to use, modify,
reproduce, publish and/or distribute some or all of your
Submission in any form on the Platform for the purpose of
generating other Submissions or viewing your Submissions for
entertainment or other private, non-commercial purposes.
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By making Submission, you waive any rights to prior inspection or
approval of any marketing or promotional materials related to such
Submission. You also waive (to the extent permitted by applicable
law) any and all rights of privacy, publicity, or any other rights
of a similar nature in connection with your Submission. You hereby
waive (to the extent permitted by applicable law) and agree never
to assert any and all moral rights you may have in or with respect
of any of the Submission you upload or otherwise make available
through the Platform, or to support, maintain or permit any action
based on any such moral rights against us.
-
You may not repost any Submission previously removed for violating
these terms of service, or Submissions from creators who have been
banned under our terms of service.
-
You agree and allow us to disclose your identity to any third
party who is claiming that your Submission constitutes a violation
of their intellectual property rights, or of their right to
privacy.
-
We may edit or refuse to publish your Submission, remove,
disallow, block or delete any post you make on the Platform
without any preliminary or post notification to you if we at our
sole discretion consider that the Submission or your post violate
these terms of service. It is your obligation to save copies of
your Submissions on your personal devices.
Breach of these terms of service and termination
-
If you do not comply with these terms of service or any applicable
law, we may:
-
prevent or suspend your access to the Service;
-
remove or edit Submissions;
-
limit your access to certain content provided through the
Service;
-
disable your ability to accumulate LIT points;
-
disclose Submissions or any other communication to users of
our Service by you to law enforcement authorities; or
-
take any action we consider necessary to remedy the breach.
-
We reserve the right to temporarily or permanently suspend or
terminate your Account, do not provide you with LIT points, reject
conversion of LIT points to LITIT tokens, or impose limits on or
restrict your access to the Service with or without notice at any
time for any or no reason.
-
You may request the deletion of your Account through the
functionalities provided on the Website or the Application, or you
may contact us via
request@lit.it. You may not
delete your Account to evade an investigation. You will remain
liable for all obligations related to your Account even after
Account is closed. We will retain your information in accordance
with our Privacy Policy and any applicable law, rule or
regulation.
Nature of the digital content
-
The digital content we host on the Service is non-exclusive to
you. We may supply the same or similar digital content to other
users of the Service.
-
The digital content may not be:
-
copied by you;
-
changed by you (which means, in particular, that you are not
allowed to adapt, reverse engineer or decompile it, or try
to extract the source code from it, except where any of this
is allowed by law);
-
combined or merged with, or used in, any other computer
program; or
-
distributed or sold by you to any third party.
-
The digital content may contain information which is owned by us
and/or third parties. You must not conceal, change or remove any
markings which show who owns this information, such as copyright
(©), registered trade mark (®) or unregistered trademark (™)
markings.
-
You will not obtain any rights of ownership or other rights (of
whatever nature) in the digital content or in any copies of it
through your use of the Service.
Limitation on our liability
-
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU
THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY
TO YOU AND THIRD PARTIES. EXCEPT FOR ANY LEGAL RESPONSIBILITY THAT
WE CANNOT EXCLUDE IN LAW (SUCH AS FOR DEATH OR PERSONAL INJURY) OR
ARISING UNDER APPLICABLE LAWS RELATING TO THE PROTECTION OF YOUR
PERSONAL INFORMATION, WE ARE NOT LEGALLY RESPONSIBLE FOR ANY:
-
LOSS OR DAMAGE CAUSED BY CIVIL WRONGS (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE;
-
LOSS OF PROFIT;
-
LOSS OF SALARY, BENEFITS OR OTHER PAYMENTS;
-
LOSS OF GOODWILL;
-
LOSS OF OPPORTUNITY;
-
LOSS OF DATA OR SUBMISSION;
-
BUSINESS INTERRUPTION;
-
LOSS OF BUSINESS REPUTATION;
-
DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER NATURE;
-
LOSS OF TANGIBLE PROPERTY;
-
LOSS OF INTANGIBLE PROPERTY, INCLUDING LOSS, CORRUPTION OR
DAMAGE TO DATA OR ANY COMPUTER SYSTEM;
-
WASTED MANAGEMENT OR OFFICE TIME;
-
LOSSES THAT WERE NOT FORESEEABLE TO YOU AND US WHEN THE
CONTRACT WAS FORMED;
-
LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART;
-
BUSINESS LOSSES;
-
LOSSES TO NON-CONSUMERS; OR
-
ANY CONTENT OR INFORMATION SUBMITTED BY USERS OF THE
SERVICES AND PUBLISHED BY US, OR ON OUR BEHALF.
-
SUBJECT TO CLAUSE 9.1, IF, NOTWITHSTANDING THE FOREGOING
EXCLUSIONS, IT IS DETERMINED THAT WE ARE LIABLE FOR DAMAGES, IN NO
EVENT WILL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE BE GREATER THAN USD 100.
-
SUBJECT TO CLAUSE 9.1. WE EXCLUDE ALL IMPLIED CONDITIONS,
WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO OUR
SERVICE, LIT POINTS OR LITIT TOKENS, WEBSITE, APPLICATION OR ANY
CONTENT THEREON.
-
WE ASSUME NO RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT. WHERE OUR
WEBSITE OR THE APPLICATION CONTAINS LINKS TO OTHER WEBSITES AND
RESOURCES PROVIDED BY THIRD PARTIES, THESE LINKS ARE PROVIDED FOR
YOUR INFORMATION ONLY. SUCH LINKS SHOULD NOT BE INTERPRETED AS
APPROVAL BY US OF THOSE LINKED WEBSITES AND RESOURCES OR ANY
INFORMATION YOU MAY OBTAIN FROM THEM. WE HAVE NO CONTROL OVER THE
CONTENT OF THESE WEBSITES OR RESOURCES AND YOU AGREE THAT WE ARE
NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY COME
FROM YOUR USE OF THESE WEBSITES AND RESOURCES. YOU AGREE TO
RELEASE US FROM ANY CLAIMS OR DISPUTES THAT MAY COME FROM USING
SUCH WEBSITES OR RESOURCES.
Third party rights
-
No one other than a party to this contract has any right to
enforce any term of this contract, except as otherwise directly
stipulated herein.
Indemnity and exclusion of warranties
-
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR
SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS FROM ANY AND
ALL CLAIMS, LIABILITIES, COSTS, DAMAGES, LOSSES AND EXPENSES
(INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES)
ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU (OR ANY
USER OF YOUR ACCOUNT) OF THESE TERMS OF SERVICE, INCLUDING BUT NOT
LIMITED TO A BREACH OF YOUR OBLIGATIONS, REPRESENTATION AND
WARRANTIES.
-
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES THAT YOU
MAY HAVE WITH ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE
PLATFORM OR THE SERVICE IS ONLY BETWEEN YOU AND SUCH THIRD PARTY.
YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL
CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, ARISING OUT OF OR IN CONNECTION WITH SUCH
DISPUTES.
-
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WE MAKE NO
REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR
IMPLIED TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE MAKE NO
COMMITMENTS OR WARRANTIES TO YOU THAT (I) THE SERVICE WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS; (II) YOUR USE OF THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERROR; (III) ANY
INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE
WILL BE RELIABLE.
Other provisions
-
We may freely assign, sub-contract and/or otherwise transfer any
or all of our rights and/or obligations under these terms of
service to any other person, company, trust or similar
establishments. You may not transfer your rights or obligations
under these terms of service to anyone else unless you obtain our
prior written approval.
-
The Application and the Website may contain open-source software.
Each open-source software is subject to its own applicable license
terms.
-
These terms of service constitute the whole legal agreement
between you and us.
-
Our failure to exercise any right under these terms of service or
to enforce any provision of these terms of service will not be
deemed a waiver of any our right under these terms of service and
will not restrict us in any way to exercise that or any other
right later.
-
If any part of these terms of service is, at any time, found to be
invalid by a court, tribunal or other forum of competent
jurisdiction, or otherwise rendered unenforceable, that decision
shall not invalidate or void the remainder of these terms of
service. These terms of service shall be deemed amended by
modifying or severing such part as necessary to render them valid,
legal and enforceable while preserving their intent, or if that is
not possible, by substituting another provision that is valid,
legal and enforceable that gives equivalent effect to the parties’
intent. Any such invalid or unenforceable part or parts shall be
severable from these terms of service, or the validity of the
part(s) in question in any other jurisdiction shall not be
affected thereby.
-
In the event of termination of these terms of service, the
following provisions shall survive the termination:
-
license you granted to us and/or other users of the Service;
-
our rights to use and disclose information obtained from
you;
-
provisions regarding limitation of our liability;
-
provisions regarding our indemnification; and
-
any amounts or liability owed by you to us.
-
In case you will send us any notice or Feedback containing ideas
for products, services or features, or any related documentation,
artwork, computer code, diagrams, or other materials, you agree
that:
-
the information provided by you will be deemed
non-confidential and no confidentiality obligations may be
imposed on us regardless of what you have mentioned in your
notice to us;
-
you irrevocably grant us an unconditional, exclusive,
royalty-free, fully transferable (including sub-licensable),
perpetual worldwide and unlimited license to adapt,
reproduce, distribute, create derivative works of, modify,
publicly perform, communicate to the public, make available,
display, and otherwise use the information provided by you
without any restrictions and free of charge;
-
we have no obligation to review, consider, or reply to you,
unless otherwise established by the applicable legislation.
-
Our Platform may contain advertising from third-party advertisers
and sponsors. Such advertisers and sponsors are fully responsible
for complying with applicable laws, rules, regulations and
guidelines, with respect to the content they submit to the
Platform and with respect to the product or service they
advertise. We will not be responsible for any illegal or incorrect
actions of the advertisers and sponsors.
-
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these
terms of service.
-
In case you are a resident of California, you shall be aware that:
The Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs may be contacted
in writing at the contact information set forth at
https://www.dca.ca.gov/about_dca/contactus.shtml .
If you are a resident of California and are under 18 years old,
you may contact us at: request@lit.it and request removal of any
Submission you posted. Your requests shall be labelled "Submission
Removal Request from California Resident" on the email subject
line. We will not be responsible for emails that are not labelled
properly.
Governing law, Disputes resolution and Arbitration
-
We will try to resolve any disputes with you quickly and
efficiently. If you are unhappy with the digital content you
purchased, our service to you or any other matter, please contact
us as soon as possible using the contact details set out below.
-
If a dispute cannot be resolved as stated in clause 13.1., or you
are unhappy with its outcome, any dispute arising out of or in
connection with this contract, including any question regarding
its existence, validity or termination, shall be referred to and
finally resolved by arbitration administered by the Singapore
International Arbitration Centre (“SIAC”) in accordance with the
Arbitration Rules of the Singapore International Arbitration
Centre ("SIAC Rules") for the time being in force, which rules are
deemed to be incorporated by reference in this clause.
-
The seat of the arbitration shall be Singapore.
-
The Tribunal shall consist of three arbitrators.
-
The language of the arbitration shall be English.
-
This contract is governed by the laws of Singapore.
-
You agree that regardless of any applicable statute or law to the
contrary, any claim or cause of action arising out of or in
connection with your use of the Service or these terms of service
must be filed within 2 (two) years after such claim or cause of
action arose or be forever and fully barred.
-
YOU AGREE THAT ANY CLAIM SHALL BE LIMITED TO THE DISPUTE BETWEEN
US AND YOU INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW,
(I) NO LITIGATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO
RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE RESOLVED ON A
CLASS-ACTION OR COLLECTIVE-ACTION BASIS OR TO UTILIZE CLASS OR
COLLECTIVE ACTION PROCEDURES; (III) THERE IS NO RIGHT OR AUTHORITY
FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE
CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS; AND
IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL NOT
HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT
ANY CLASS OR COLLECTIVE ACTION.
Using devices produced by APPLE INC.
-
If you are accessing the Platform or are using the Service by
means of any device produced by Apple, Inc. or any affiliated
company thereof (“Apple”), you agree to the following:
-
Apple is not a party to these terms of service.
-
License to use the Platform which is granted to you
according hereof is limited to a personal, limited,
non-exclusive, non-transferable right to install the
Application on the Apple device(s) authorised by Apple that
you own or control for personal, non-commercial use, subject
to the Usage Rules set forth in Apple’s App Store Terms of
Services.
-
Apple bears no responsibility for the Application or the
content thereof and has no obligation to furnish any
maintenance or support services with respect to the
Application.
-
In the event of any failure of the Application to conform to
any applicable warranty, you may notify Apple, and Apple
will refund the purchase price for the Platform, if any, to
you. To the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with
respect to the Application.
-
Apple is not responsible for addressing any claims by you or
any third-party relating to the Platform or your possession
and/or use of the Platform, including, but not limited to:
(i) product liability claims; (ii) any claim that the
Platform fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation.
-
Apple is not responsible for the investigation, defence,
settlement and discharge of any third-party claim that the
Platform or your possession and use of the Platform
infringes that third-party’s intellectual property rights.
You agree to comply with any applicable third-party terms,
when using the Platform.
-
Apple is third-party beneficiary of these terms of service
and upon your acceptance of these terms of service, Apple
will have the right (and will be deemed to have accepted the
right) to enforce these terms of service against you as a
third-party beneficiary of these terms of service.
-
You hereby represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting”
country; and (ii) you are not listed on any U.S. Government list
of prohibited or restricted parties.
-
We authorise the use of the Platform by multiple users through the
Family Sharing or any similar functionality provided by Apple.