Terms of Use
Last Updated Date: March 1, 2022 :
General Terms All Users
Welcome to ArtFace (the Platform”), which is provided and
controlled by Hangzhou Longshi Internet Technology Co., Ltd
(the Company”, we” or us”).
You are reading the Terms of Service (the
Terms”), which govern
the relationship and serve as an agreement between you and the
Company and set forth the terms and conditions by which you
may access and use the Platform and our related websites, services,
applications, products and content (collectively, the
Services”).
Our Services are provided for private, non-commercial use. For
purposes of these Terms,
you” and
your” means you as the
user of the Services.
The Terms form a legally binding agreement between you and the
Company. Please take the time to read them carefully. By
accessing or using the Services you agree to be bound by these
Terms. If you disagree with any part of the Terms, then you may
not access the Service.
Your Agreement with the Company
1. Individual users. ArtFace IS NOT AVAILABLE TO PERSONS
UNDER THE AGE OF 13, or in certain jurisdictions, under 16
(the
Minors”) and we do not knowingly collect information
from Minors. If you are between 13 (or 16 in certain
jurisdictions) and 18, you must have permission from your
legal guardian before you are permitted to use ArtFace.
2. Non-individual users. If you are accessing or using the Services
on behalf of a business or entity, then (a) you” and your”
includes you and that business or entity, (b) you represent
and warrant that you are an authorized representative of the
business or entity with the authority to bind the business or
entity to these Terms, and that you agree to these Terms on
behalf of the business or entity, and (c) your business or entity
is legally and financially responsible for your access or use of
the Services as well as for the access or use of your account by
others affiliated with your business or entity, including any
employees, agents or contractors.
3. Supplemental Terms. If you access or use the Services from a
jurisdiction for which there are separate supplemental terms,
you also hereby agree to the supplemental terms applicable to
users in each jurisdiction as outlined in the relevant
Supplemental Terms Jurisdiction Specific” section below.
In the event of a conflict between the provisions of the
Supplemental Terms Jurisdiction Specific that are relevant
to your jurisdiction from which you access or use the Services,
and the rest of these Terms, the relevant jurisdiction
s
Supplemental Terms Jurisdiction Specific will supersede and
control with respect to your use of the Services from that
jurisdiction.
4. Changes to the Terms. We may amend these Terms from time
to time, for instance when we update the functionality of our
Services, when we combine apps or services operated by us or
our affiliates into one single combined service or app, or when
there are regulatory changes. We use commercially reasonable
efforts to generally notify all users of any material changes to
these Terms, such as through a notice on the Platform,
however, you should look at the Terms regularly to check for
such changes. We will also update the Last Updated” date
at the top of these Terms, which reflects the effective date of
such Terms. Your continued access or use of the Services after
the date of the new Terms constitutes your acceptance of the
new Terms. If you do not agree to the new Terms, you must
stop accessing or using the Services.
Use of the Services
1. License. Subject to the Terms, you are hereby granted a non-
exclusive, limited, non-transferable, non-sublicensable,
revocable license to access and use the Services, including to
download the Platform onto a permitted device, and to
access the Companys Content (defined as below) solely for
your personal, non-commercial use through your use of the
Services and solely in compliance with these Terms. The
Company reserves all rights not expressly granted herein in
the Services and the Companys Content. You acknowledge
and agree that the Company may terminate this license at
any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND
RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN
THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
2. Restrictions on Use. Your access to and use of the Services
shall be subject to these Terms and all applicable laws and
regulations. You may not:
access or use the Services if you are not fully able and legally
competent to agree to these Terms or are authorized to use
the Services by your parent or legal guardian;
make unauthorised copies, modify, adapt, translate, reverse
engineer, disassemble, decompile or create any derivative
works of the Services or any content included therein,
including any files, tables or documentation (or any portion
thereof) or determine or attempt to determine any source
code, algorithms, methods or techniques embodied by the
Services or any derivative works thereof;
incorporate the Services or any portion thereof into any other
program or product;
distribute, license, transfer, or sell, in whole or in part, any of
the Services or any derivative works thereof;
market, rent or lease the Services for a fee or charge, or use
the Services to advertise or perform any commercial
solicitation;
use the Services, without our express written consent, for any
commercial or unauthorized purpose, including
communicating or facilitating any commercial advertisement
or solicitation or spamming;
interfere with or attempt to interfere with the proper
working of the Services, disrupt our website or any networks
connected to the Services, or bypass any measures we may
use to prevent or restrict access to the Services;
use automated scripts to collect information from or
otherwise interact with the Services;
impersonate any person or entity, or falsely state or
otherwise misrepresent you or your affiliation with any person
or entity, including giving the impression that any content
you upload, post, transmit, distribute or otherwise make
available emanates from the Services;
promote sexually explicit material, violence or discrimination
based on race, sex, religion, nationality, disability, sexual
orientation or age;
use the Services to upload, transmit, distribute, store or
otherwise make available in any way files that contain viruses,
trojans, worms, logic bombs or other material that is
malicious or technologically harmful;
hack into, or insert malicious code, including viruses, or
harmful data, into, our services;
use the Services in a manner that violates or infringes on
someone elses rights of publicity, privacy, copyright,
trademark, or other intellectual property right;
use the Services in a manner that is harmful, fraudulent,
deceptive, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or otherwise
objectionable;
in any way promote or incite anyone to commit or assist in
any unlawful or criminal activity or anti-social behaviour, or
encourage activities which could endanger the safety or
wellbeing of others;
disclose anyone
s personal information or invade their
privacy;
engage in any other conduct that restricts or inhibits any
person from using or enjoying the Services, or that, in our
sole judgment, exposes us or any of our users, affiliates, or
any other third party to any liability, damages, or detriment
of any type.
Violations of system or network security may result in civil or
criminal liability. We may investigate and work with law
enforcement authorities to prosecute users who violate the Terms.
We may suspend or terminate your access to the Services for any
or no reason at any time without notice.
Payment
1. Fees. Certain Services, features or contents are only offered
for payment (such as paid contents and VIP account). You
agree to pay whatever fees and other charges are presented
to you when you decide to purchase such paid services
(collectively the Fees”). If you downloaded the App from the
Apple Store, refunds are permissible in accordance with their
refund policy; otherwise refunds are permissible in accordance
with our refund policies. Except as stated in those policies or
stipulated in applicable laws, all Fees are non-refundable and
non-cancellable.
2. Payment Methods and Processing. Payments may be
processed via the relevant App Marketplace, as well as any
other third-party payment methods which we make available
(such as via PayPal and certain supported payment cards).
You must provide accurate billing information, and promptly
update any changes to it (such as card numbers and expiry
dates). If you are paying via credit or debit card, you
represent that you are the authorized user of the card, and
you authorize us (and any third party payment processor) to
collect payment from you, on a recurring basis (if applicable),
and to take all other necessary billing actions. If payment is
made via a third-party payment processor, you will also be
subject to its terms and conditions (over which we have no
control) so carefully read those terms.
4. Intellectual Property Rights
The Services are protected under the laws of copyright, patent,
trademarks and other intellectual property rights of the countries
where Services are available. All copyrights in the Services are
owned by us or our third-party licensors to the full extent
permitted under all applicable laws. Consistent with the other
terms in this document, you may not publish, reproduce, distribute,
display, perform, edit, adapt, modify, or otherwise exploit any
part of the Services without our written consent.
We respect intellectual property rights and require you to do the
same. As a condition of your access to and use of the Services, you
agree not to infringe on any intellectual property rights while
accessing or using the Services or use any content therein for any
commercial or unauthorized purposes. We reserve the right, with
or without notice, at any time and in our sole discretion to block
access to the Services, including without limitation for any user
who infringes or is alleged to infringe any intellectual property
rights or proprietary rights.
Content
1. The Company
s Content
As between you and the Company, all content, software, images,
text, graphics, illustrations, logos, stickers, filters, patents,
trademarks, service marks, copyrights, photographs, audio, videos,
music on and
look and feel” of the Services, and all intellectual
property rights related thereto (the Companys Content”), are
either owned or licensed by the Company. Use of the Companys
Content or materials on the Services for any purpose not expressly
permitted by these Terms is strictly prohibited. The Companys
Content may not be downloaded, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed or otherwise
exploited for any purpose whatsoever without our or, where
applicable, our licensors prior written consent. We and our
licensors reserve all rights not expressly granted in and to their
content.
We make no representations, warranties or guarantees, whether
express or implied, that any Company
s Content is accurate,
complete or up to date. Where our Services contain links to other
sites and resources provided by third parties, these links are
provided for your information only. We have no control over the
contents of those sites or resources. Such links should not be
interpreted as approval by us of those linked websites or
information you may obtain from them.
2. User-Generated Content
By using our Services, you provide us with information, media files,
video projects and final videos that you submit to and create at
the Platform (collectively your
User Content”).
You retain full ownership to your User Content. We don
t claim
any ownership to any of it. These Terms do not grant us any rights
to your User Content or intellectual property except for the limited
rights that are needed to provide the Services, as explained below.
In order to provide the Services, we need your permission to host,
share, distribute, display, and perform your User Content. This is
called a license. By uploading User Content to the Services, you
grant us this license solely as is necessary to provide the
corresponding Services, including sharing your User Content with
third-party platform, such as Facebook, Instagram.
You are solely responsible for maintaining and protecting all of
your User Content. We will not be liable for any loss or damage of
your User Content, or for any costs or expenses associated with
backing up or restoring any of your User Content.
Indemnify
You agree to defend, indemnify, and hold harmless the Company,
its parents, subsidiaries, and affiliates, and each of their respective
officers, directors, employees, agents, assigns, and advisors from
and against any and all loss, claims, liabilities, damages, costs, and
expenses, including, but not limited to, attorneys fees and
expenses, arising out of a breach by you or any user of your
account of these Terms or arising out of a breach of your
obligations, representation and warranties under these Terms.
Termination
1. Termination by us. We reserve the right to suspend and/or
terminate our Services at any time, with or without cause,
and with or without notice.
2. Termination by you. You may stop using the Services at any
time via the functionality offered or by cancelling your
Account. Termination will take effect immediately, so please
confirm there
s no unused property interests in your account.
We are not responsible for any loss of your rights and
interests caused by your voluntary termination of the Services.
Termination of your account does not relieve you of any
obligation to pay any outstanding fees.
3. Survival. Upon the expiration or termination of the Terms,
some or all of the Services may cease to operate without prior
notice. Your indemnification obligations, our warranty
disclaimers and limitations of liabilities, and dispute resolution
provisions stated in the Terms will survive.
Miscellaneous
1. Applicable Law and Jurisdiction. These Terms of Use shall be
construed in accordance with the laws of Singapore without
regard to its conflict of laws rules. Any dispute arising out of
or in connection with these Terms, including any question
regarding existence, validity or termination of these Terms,
shall be referred to and finally resolved by arbitration
administered by the Singapore International Arbitration
Centre in accordance with the Arbitration Rules of the
Singapore International Arbitration Centre 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 (3) arbitrators.
The language of the arbitration shall be English.
2. Open Source. The Platform contains certain open source
software. Each item of open source software is subject to its
own applicable license terms.
3. Entire Agreement. These Terms constitute the whole legal
agreement between you and the Company and govern your
use of the Services, superseding any prior or contemporaneous
communications and proposals (whether oral, written or
electronic) between you and us.
4. No Waiver. Our failure to enforce any provisions of these
Terms or respond to a violation by any party does not waive
our right to subsequently enforce any terms or conditions of
the Terms or respond to any violations. Nothing contained in
these Terms is in derogation of our right to comply with
governmental, court, and law enforcement requests or
requirements relating to your use of the Services or
information provided to or gathered by us with respect to
such use.
5. Security. We do not guarantee that our Services will be secure
or free from bugs or viruses. You are responsible for
configuring your information technology, computer programs
and platform to access our Services. You should use your own
virus protection software.
6. Severability. If any court of law, having jurisdiction to decide
on this matter, rules that any provision of these Terms is
invalid, then that provision will be removed from the Terms
without affecting the rest of the Terms, and the remaining
provisions of the Terms will continue to be valid and
enforceable.
7. Assignment. You may not assign these Terms of Use or assign
any rights or delegate any obligations hereunder, in whole or
in part, without our prior written consent. Any such
purported assignment or delegation by you without the
appropriate prior written consent will be null and void and of
no force and effect. We may assign these Terms of Use or any
rights hereunder without your consent and without notice.
8. Third Party Services. Our service includes and links to features
and services (including but not limited to, social applications
like YouTube, Facebook, Instagram and WhatsApp) that are
provided by a third party. We do not control such third-
party sites or services and are not responsible for the content
or functionality of such sites or services. Our inclusion of links
does not imply any endorsement or association with their
operators. The terms applicable to the use of such third-party
services will apply and we will not be responsible for anything
that is done by you or the third party service provider in
connection with your use of their service. Please note that we
do not keep your private personal information like your
account, ID, password and etc. on the third party
apps/websites in our Services.
9. Privacy Policy. Your privacy is very important to ArtFace.
Please refer to our Privacy Policy for information on how we
collect, use and disclose personal information.
10.Contact. If you have any questions regarding these terms,
please feel free to contact us: artfaceuser@gmail.com
Supplemental Terms App Stores
Google Play. By downloading the App from Google Play (or its
successors) operated by Google, Inc. or one of its affiliates
(
Google”), you specifically acknowledge and agree that:
To the extent of any conflict between (a) the Google Play
Terms of Service and the Google Play Business and Program
Policies or such other terms which Google designates as
default end user license terms for Google Play (all of which
together are referred to as the Google Play Terms”), and (b)
the other terms and conditions in these Terms, the Google
Play Terms shall apply with respect to your use of the App
that you download from Google Play, and
You hereby acknowledge that Google does not have any
responsibility or liability related to compliance or non-
compliance by the Company or you (or any other user) under
these Terms or the Google Play Terms.
Supplemental Terms Jurisdiction Specific
THE UNITED STATES
If you are a user of our Services in the United States of America,
the below Additional Terms: (a) are incorporated into these Terms;
(b) apply to your use of our Services; and (c) override the head
terms of these Terms to the extent of any inconsistency.
If you are a user of the Services in the United States of America,
the following terms expressly replaces the above Applicable Law
and Jurisdiction” section of these Terms.
If you live in (or, if a business, your principal place of business
is in) the United States, the laws of the state where you live
govern all claims, regardless of conflict of law principles,
except that the Federal Arbitration Act governs all provisions
relating to arbitration. You and we irrevocably consent to the
exclusive jurisdiction and venue of the state or federal courts
of California, for all disputes arising out of or relating to these
Terms that are heard in court (excluding arbitration).
In the event of a dispute, you and we agree to try for sixty
(60) days to resolve it informally. If you and we are unable to
come to informal resolution within sixty (60) days, you and
we agree to binding individual arbitration before the
American Arbitration Association ("AAA") under the Federal
Arbitration Act ("FAA") (with such arbitration to be
conducted under the AAA's Commercial Arbitration Rules),
and not to sue in court in front of a judge or jury. Instead, a
neutral arbitrator will decide and the arbitrators decision
will be final except for a limited right of appeal under the
FAA. You and we must file in arbitration any claim or dispute
(except intellectual property disputes) within one year from
when it first could be filed.
If any other provision of these provisions regarding arbitration
is found to be illegal or unenforceable, that provision will be
severed but the rest of these provisions regarding arbitration
still apply.
If for any reason a claim proceeds in court rather than in
arbitration, you and the Company each waive any right to a
jury trial.
California Resident. If you are a California resident, in accordance
with Cal. Civ. Code § 1789.3, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs by contacting them
in writing at 1625 North Market Blvd., Suite N 112 Sacramento,
CA 95834, or by telephone at (800) 952-5210.
If you are a California resident, then (except to the extent
prohibited by applicable laws) you agree to waive California Civil
Code Section 1542, and any similar provision in any other
jurisdiction (if you are a resident of such other jurisdiction), which
states:
A general release does not extend to claims which the
creditor does not know or suspect to exist in his favour at the time
of executing the release, which, if known by him must have
materially affected his settlement with the debtor”.
EUROPEAN UNION
The following terms apply if you reside in the European Union:
Dispute Resolution. Notwithstanding the "Applicable Law and
Jurisdiction" section of these Terms, if you are a "consumer" as
defined under the EU Direction 83/2011/EU, any dispute,
controversy or claim (whether in contract, tort or otherwise)
between us and you, arising out of, relating to, or in connection
with these Terms will be referred to and finally resolved by the
court of your place or residence or domicile. You can also file a
complaint at the online platform for alternative dispute resolution
(ODR-platform). You can find the ODR-platform through the
following link: https://ec.europa.eu/consumers/odr.
Loss or damage. If any ArtFace services or features which we have
supplied damages a device or digital content belonging to you and
this is caused by our failure to use reasonable care and skill we will
either repair the damage or pay you reasonable compensation for
such damage. However, we will not be liable for damage which you
could have avoided by following our advice to apply an update
offered to you free of charge or for damage which was caused by
you failing to correctly follow installation instructions or to have in
place the minimum system requirements advised by us. We only
supply the Services accessible via Platform for domestic and private
use. If you use the Services for any commercial or business purpose,
we will have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
Nothing in the Terms affects any legal rights that you are entitled
to as a consumer under European Union member state laws which
cannot be contractually altered or waived. Accordingly, some of
the exclusions and limitations in Sections and of the Terms
will not apply to you if you are a consumer living in a European
Union country.