Terms and Privacy For《Secret Safe》
Terms and Privacy
Welcome to use Secret Safe(“OUR PRODUCT”)! Your use of Product is subject to these Terms (“Service” or “Our Service”).
You must comply with these Terms in your use of OUR PRODUCT and only use OUR PRODUCT as permitted by applicable laws and regulations, wherever you may be when you use it. You must review these Terms to understand how you can and cannot use OUR PRODUCT. If you do not agree to these Terms, you must not download or install or otherwise use OUR PRODUCT.
If you are under the age of 12, you must not use our services. If you are between the ages of 12 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Our Service.
3.CHANGES TO TERMS AND OUR SERVICES
We may make changes to these Terms over time, so please come back and review them.
In addition, as Our Service and user experience are constantly evolving, we may from time to time (and to the extent permitted by applicable law) add, change or remove features from Our Service (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
By continuing to use Our Service after we make any changes to these Terms or Our Service, you are agreeing to be bound by these revised Terms.
4.TYPES OF DATA WE COLLECT.
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
* We may collect Personal Data from you, such as your e-mail address, and password when you create an account to log in to our network (“Account”).
* When you order the Service on our App, we will collect all information necessary to complete the transaction, including your name, payment information, billing information and shipping information.
* We retain information on your behalf, such as files and messages that you store using your Account.
* If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
* When you participate in one of our surveys, we may collect additional profile information.
* When you post messages on the help forums or message boards of our App, the information contained in your posting will be stored on our servers and other users will be able to see it.
* We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Service.
* We may also collect Personal Data, such as at other points in our App that state that Personal Data is being collected.
(a) General Use.
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We will only use Personal Data in ways that are compatible with the purposes for which it was collected or as subsequently authorised by you. We use your Personal Data in the following ways:
* to facilitate the creation of and secure your Account on our network;
* identify you as a user in our system;
* provide improved administration of our App and Service;
* provide the services you request;
* improve the quality of experience when you interact with our App and Service;
* send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
* send you administrative e-mail notifications, such as security or support and maintenance advisories;
* respond to your inquiries related to employment opportunities or other requests; and
* to send newsletters, surveys, offers, and other promotional materials related to our Service and for our other marketing purposes.
(b)Third Party Service Providers.
(c)Security of Your Personal Data.
We are committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your Personal Data, we cannot guarantee its absolute security.
5.DECLARATION ON INTELLECTUAL PROPERTY
OUR PRODUCT is developed by us. All intellectual property rights of OUR PRODUCT, as well as all other information, including but not limited to literal expression and combinations, icons, notes, illustrations, charts, colours, interface design, layout framework, data, printed materials and electronic documents, are the exclusive property of us, and are subject to protections in accordance with the domestic and international laws and regulations, the International Copyright Treaty and other applicable laws and regulations. Except as otherwise expressly provided herein, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide to us by any means regarding Our Service are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
You agree not to conduct any acts that could in any way impair and/or damage our rights in connection with the intellectual property mentioned herein. We reserves the right to seek accountability for such unauthorised acts, and you shall be liable for any and all damages, losses, costs and expenses we incur in connection with your violation of these Terms.
6.SCOPE OF LICENSE
Although we continue to own OUR PRODUCT, after your acceptance of these Terms you will have certain rights to use OUR PRODUCT during the entire time period when OUR PRODUCT is installed on your mobile device. All rights not expressly granted to you are retained by us. These Terms govern any releases, revisions, updates or enhancements to OUR PRODUCT that we may make available to you.
You may install, use, display and run OUR PRODUCT in a personal computer (“Device”) solely for non-commercial purposes and in accordance with these Terms. Installation, use, display or operation of OUR PRODUCT for commercial purposes is forbidden.
You shall have the right to receive new features to and versions of OUR PRODUCT as we, in our sole discretion, make such features and versions available. In order to optimise OUR PRODUCT, and to provide you with the most current version of OUR PRODUCT, you agree OUR PRODUCT can automatically download and install new updates and versions of the OUR PRODUCT as they are made available by us in our sole discretion. You agree to receive and permit us to deliver such new updates and versions to your mobile device. Additionally, we may modify these Terms to reflect such updates and versions and you agree to such updated terms.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from OUR PRODUCT, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from OUR PRODUCT, you will first contact us to request the information you need.
The use of Our Service may involve the collection and use of your Information on Our Service. It is important for you to understand how this happens and how you may control it. By using Our Service, you confirm that you have read and consent to our following activities:
a)the collection of the information as how you use OUR PRODUCT (such as the time when you install OUR PRODUCT, version of OUR PRODUCT you are using, how you use the various functions and features that available to you), the information about your mobile device (such as-the operating system, hardware version, device settings, device identifiers) and your communication with us
b)the processing of your information for the following purpose: (i) to administer and maintain the functions and features that are part of Our Service; (ii) to analyse, develop and improve Our Service and develop new products and services; (iii) to detect and prevent abusive, fraudulent, malicious or potentially illegal activities, and to protect the rights, safety or property of our users;( iv) to perform other functions as may otherwise be described to you at the time of collection or as enabled by you in relation to Our Services
c)the storage and transferring your information in or to a number of countries;
d)the use of your information to send you emails
8.WARRANTY AND DISCLAIMER
We warrant to you that we will provide our services using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
9.LIABILITY FOR OUR SERVICES AND OUR PRODUCT
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS AND OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO USD100.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE IN CONNECTION WITH THESE TERMS AND OUR SERVICES OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE; (VI) YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
* any liability for death or personal injury;
* any liability for gross negligence or wilful misconduct; or
* any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU WILL INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES OR SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS OR ANY TERMS PROVIDED HEREIN.
These Terms will apply to your use of OUR PRODUCT and Our Service until access to the relevant services is terminated by either you or us.
We may suspend or terminate your access to any or all of Our Service: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Our Service creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Our Service for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.
These Terms are the entire agreement between you and us in relation to Our Service. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms, by operation of law or otherwise without our consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these Terms.
13.GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the People’s Republic of China.
Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by Shanghai International Arbitration Centre under the its rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Shanghai. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone app stores (“App Store”). You acknowledge and agree that the Terms are between you and Secret Safe only, and not with the App Store. Secret Safe, not the App Store, is solely responsible for the Secret Safe Properties, including the Application, the contents thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Secret Safe Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third- party terms of agreement (e.g., the App Store’s terms and policies) when using the Secret Safe Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
14.ACCESSING AND DOWNLOAD THE APPLICATION FROM ITUENS.J
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that (i) the Terms are concluded between you and Secret Safe only, and not Apple, and (ii) Secret Safe, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Secret Safe and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Secret Safe.
(d) You and Secret Safe acknowledge that, as between Secret Safe and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Secret Safe acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Secret Safe and Apple, Secret Safe, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and Secret Safe acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
(g) Without limiting any other terms of the Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
15.LANGUAGE OF THE TERMS
The language of these Terms is English. Where we have provided a translation of the English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with us. If there is any contradiction between what the English language version of these Terms say and what a translation says, then the English language version will take precedence.