These Terms of Service (the "Terms") constitute a legally binding agreement between you and AppSky Hong Kong Limited and its subsidiaries and affiliates (collectively, "AppSkyHK", "the Company", "we", "our" or "us"), governing your use of our website (the "Website"), mobile applications or games linked to these Terms and any other websites, pages, features, or content owned and operated by us that are linked to these Terms (collectively referred to as the "Services"). These Terms set forth the terms and conditions that will govern your access to and use of the Services.
Some parts of our Services, such as submitting or sharing user content, may have age restrictions and be unavailable to some individuals. When we refer to "you" or "your", we are referring to the user of the Services.
If you're under 18, you'll need to get your parent or legal guardian's consent to use our Services. Make sure they've read and discussed these Terms with you. Please take the time to go through this carefully!
We may occasionally modify these Terms from time to time with the developing new technologies, features or business to improve our Service. We have the right to terminate, suspend or change these Terms at any time without prior notice. You acknowledge and agree with the new Terms if you continue to access or use the Services after the Terms are amended. If you disagree with the amended Terms, you must stop using or accessing the Services.
Our Privacy Policy describes how we handle the information you provide to us when you use the Services. You understand that through your use of the Services you consent to the collection, use (as set forth in the Privacy Policy), and transfer of this information.
Terms of Intellectual Property Rights are designed to inform our users about the rules and guidelines related to intellectual property rights, including copyrights, trademarks, and portrait rights. AppSkyHK holds the right to remove content or profiles on the Services we developed at its sole discretion whenever necessary. You may not be permitted to use the Services if you violate these Terms in a manner that implicates our intellectual property rights. By accessing our Service, you agree to adhere to this policy.
1.Copyrights
All content posted on Services, including text, images, and other forms of media, should be original work created by the user; Or obtained the proper authorization or legally valid reason for the use of copyrighted content of others.
Users are strictly prohibited from posting copyrighted material without the permission of the other. This includes, but is not limited to, articles, photographs, videos, music, and artwork.
Any user-generated content that violates someone else's copyright may be removed once discovered. The user may also face penalties, including account suspension or termination, depending on the severity of the infringement.
2.Trademarks
Users must respect the trademark rights of others. Posting content that infringes upon or violates the trademark rights of any party is not permitted.
Users are not allowed to use any trademarked logos, symbols, or other trademarked materials without the explicit permission of the trademark owner.
Any violation of trademark rights will result in immediate removal of the infringing content and may lead to penalties including, but not limited to, suspension or termination of the user's account.
3.Portrait Rights
Users must respect the portrait rights of individuals. Posting photos or images of individuals without their explicit consent is strictly prohibited, especially involving minors.
Any violation of portrait rights will result in immediate removal of the infringing content and may lead to penalties including, but not limited to, suspension or termination of the user's account.
4.Reporting Infringements
We respect others’ intellectual property and ask that you do, too. If you believe your intellectual property rights have been violated, please report by sending an email to contact@appskyhk.com. Provide as much detail as possible, including a description of the copyrighted or trademarked material, or the image violating portrait rights, and where we can locate it.
We will investigate all reports and take appropriate action as per our Terms of Service and this Intellectual Property Policy.
By using our Services, you agree to follow all applicable laws, regulations, and standards. However, you are not permitted to:
We may remove or disable access to content at our discretion for any reason without prior notice. Some reasons for doing so may include finding the content objectionable, violating our Terms or Community Standards, or harming the Services or our users.
You are solely responsible for the content and materials that you upload, post, share, or otherwise make available through the Services, including text, images, videos, audio, or AI-generated content, and other formats (collectively, "User Content").
As the user of the Services, you certify that you have all the necessary rights, licenses, permissions, consents, power, and/or authority to grant the rights stated herein for any Content that you submit, post, or display on or through the Services. You further acknowledge that your User Content will not contain any material that is subject to copyright or other proprietary rights unless you have obtained the necessary permission or are legally entitled to post such material and grant us the license as described above.
When you upload, post, or display any User Content on or through our Services, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license. This license gives us the right to use, copy, process, reproduce, modify, publish, transmit, display, and distribute your User Content by any distribution method.
By granting us this license, you also agree that we have the right to provide, promote, and enhance our Services. Moreover, we can make your Content available to other companies, organizations, or individuals for the syndication, broadcast, distribution, reposting, promotion, or publication of such Content on other media and services. It is important to note that you will not receive any compensation for any additional use of your Content by us or any other companies, organizations, or individuals.
The Services provide features that allow you to share your stuff with others or to make it public. There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. The Services have no responsibility for that activity.
The Services may contain links to third-party websites or resources. The Services are not endorsed or responsible for their availability, accuracy, related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open-source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
We may use Google Analytics Advertising and third-party providers to display advertising and improve the experience of Ads within our Services.
Our products and other technology we use are protected by copyright, trademark, and other laws of the United States and releasing countries. If you use content covered by intellectual property rights that we have and make available in our Products, we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components or otherwise attempt to extract source code from us unless an exception or limitation applies under applicable law.
These Terms do not grant you any rights to use the Services’ trademarks, logos, domain names, or other brand features. These Terms also do not grant any permissions to reverse engineer or decompile the Services, and you should not attempt to do so, not assist anyone else to do so. The apps developed or operated by AppSkyHK may update the App on your device automatically when a new version is available.
We try our best to deliver a top-notch service, while our Services are provided on an "AS IS" and “AS AVAILABLE” basis. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We cannot guarantee that they will always be safe, secure, or error-free or function without disruptions, delays, or imperfections. YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT ARE AT YOUR OWN RISK. PLEASE USE WITH CAUTION. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND IN THIS TERM, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SERVICES DEVELOPED OR OPERATED BY APPSKYHK, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR
(A) ANY DAMAGES INCURRED DIRECTLY, INDIRECTLY, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE SERVICES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
(B) AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE MONTHS.
(C) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF APPSKYHK, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, AGENTS, OR SUBCONTRACTORS, AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
These Terms constitute the entire and exclusive agreement between you and the Services developed by AppSkyHK with respect to the Services and supersede and replace any other agreements, terms, and conditions applicable to the Services. These Terms create no third-party beneficiary rights.
The Services’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted, reflecting our intent as closely as possible.
You may not assign any of your rights in these Terms; any such attempt is void. Still, the Services may assign its rights to any of its affiliates or subsidiaries or to any successor in the interest of any business associated with the Services. The Services and you are not legal partners or agents; instead, our relationship is that of independent contractors.