General Terms of Use
Published 30-Oct-2022. Effective as of 30-Oct-2022.This Agreement is made between you and the operator of the HK SIJIU INTERNATIONAL SHARE CO.,LIMITED (the “Company”), and is an effective agreement.
This Agreement includes the main text and all rules already or will be published by the Company (hereinafter referred to as the “Relevant Rules”). All Relevant Rules are an integral part of this Agreement and have the same legal effect as the main text of this Agreement. Except otherwise expressly stated, any company and its affiliated companies who use the services provided by the loklik(hereinafter referred to as "Services") will be bound by this Agreement.
You must carefully read the full content of this Agreement before using the Services. If you have any questions regarding the Agreement, you should consult the Company. However, regardless of whether you have actually read this Agreement carefully before using the Services, as long as you use the Services, you will be deemed to be bound by this Agreement. You may not use the reasons of not having read the Agreement or not having received answers to inquiries from the Company as a basis to invalidate or cancel the Agreement.
You undertake to accept and comply with this Agreement and all Relevant Rules. If you do not agree with this Agreement or any of the Relevant Rules, you must immediately cease the registration / activation process or cease use of the Services.
The Company has the right to amend this Agreement and/or any Relevant Rules at any time according to its needs. The amended and restated terms will be posted at the official website, and you will not be notified individually. The amended and restated Agreement and/or Relevant Rules will automatically take effect once it is posted at the website. If you do not agree with the changes, you must cease use of the Services immediately. Your continued use of the Services shall be deemed as your acceptance of the amended Agreement and/or Relevant Rules.
1.Registration and Accounts
1.1 By using the Services in a manner allowed by the Company, you acknowledge that you are a natural person of at least 18 years of age who has full legal capacity, a legal person, or other organization. If you do not meet these eligibility requirements, you and your guardian must bear all resulting consequences, and the Company has the right to cancel or permanently freeze your account, and make claims against you.
1.2 From your first use of the loklik website, clicking on the page tips, and have read and agreed to the provisions of this Agreement, or when you use the Services via other methods allowed by other companies, you will be bound to the terms of this Agreement and all Relevant Rules.
1.3 You understand and agree that, for your convenience in purchasing goods and using the Services of the website, you will use your username and password or any other usernames and passwords agreed and provided by the loklik website to login to the loklik website.
1.4 Unless there are legal provisions or judicial decisions, or in compliance with the Company’s conditions, otherwise your login name and password may not be transferred, gifted or inherited by any means. Transfers, gifts or inheritances may only be processed after providing necessary documents as requested by the Company, and will be handled in accordance with the Company’s operating procedures.
2. User information
2.1 When using the Services, you should update your user information from time to time in order to ensure it remains true, updated, complete and accurate. If there are reasonable grounds to doubt that the information you provided is incorrect, false, outdated or incomplete, the Company has the right to make an inquiry and/or request changes, and also has the right to directly delete any corresponding information, until the suspension or termination of the Services (in full or in part) provided to you. The Company does not assume any responsibility in this respect, and you are liable for any resulting direct or indirect losses and adverse consequences.
2.2 You must accurately fill in and update the contact information you provide to the Company such as email address, contact number, address, postal code etc., in order for the Company or other users to effectively contact you. If you cannot be contacted by such contact information, you are solely responsible for any resulting losses or costs incurred while using the Services. You understand and agree that you must maintain the validity of the contact information you provide, any changes or updates must be carried out in accordance with the Company’s requirements.
3. Account safety
You are solely responsible for the confidentiality of your login name and password, and all activities that occur under your login name and password (including, but not limited to, disclosure or release of information, clicking “agree” or “submit” to accept any Relevant Rules online, renewing agreements or purchasing services online etc.) You agree:
A.to immediately inform the Company and authorize the Company provide such information to the Websites in the event that you discover any unauthorized usage of your login name and password or any other situation that violates the confidentiality provisions between you and the Company; and
B.to correctly exit / log-out of the website / Services at the end of each online session. The Company cannot and will not take responsibility for any losses or damages that are incurred as a result of your failure to comply with this provision. You understand that a reasonable amount of time is required for the Company to take action in response to your request, and the Company will not assume any responsibility for any consequences incurred before any action is taken by the Company (including, but not limited to any losses incurred by you).
4.Privacy.
4.1 Privacy. For information about how we collect, use, share, or otherwise process information about you and your use of our apps and websites, please see our Privacy Policy.
5. Use of Services and Software.
5.1 License. Subject to your compliance with the Terms and applicable law, you may access and use the Services and Software that we make available, and that you license from us. Your license(s) expire at the end of the term set forth in your order document. The version(s) of the Services and Software available at your renewal date may be different from the version(s) available when you first purchased your license(s) from loklik. The versions of the Services and Software that supports can be found here. You agree that your decision to use or purchase Software or Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
5.2 Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Software. We reserve all rights not granted under the Terms.
5.3 User-Generated Content. We may host user-generated content from our users. If you access our Services, you may come across user-generated content that you find offendive or upsetting. Your sole remedy is to stop viewing the content. If available, you may also click on the “Report” button to report offendive user-generated content to us.
5.4 Sample Files. “Sample Files” means loklik-provided audio, visual, video, or other content files for use in tutorials, demonstrations, and for other trial purposes, which may be identified as sample files. Sample Files cannot be used for any other purpose than for which they were provided. You cannot distribute Sample Files in any way that allows a third party to use, download, extract, or access the Sample Files as a stand-alone file, and you cannot claim any rights in the Sample Files.
5.5 Content Files. “Content Files” means assets provided as part of the Services and Software. Unless documentation or specific licenses state otherwise, we grant you a personal, non-excludive, non-sublicensable, and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use (“End Use”). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.
5.6 Third-Party Services and Software. The Services and Software may include third-party services and software, and you are responsible for complying with any and all third-party terms that apply. Some third-party terms that may be applicable to your use of the Services and Software are available. Access to third-party services and software is provided for convenience only, and Adobe has no responsibility for such third-party services and software.
6. Your Content.
6.1 Content. “Content” means any text, information, or material, such as audio files, video files, electronic documents, or images, that you upload and import into, or create with the Services or Software in connection with or through your use of the Services. You must not upload any Content that is prohibited by any applicable law. We reserve the right to remove Content or restrict access to Content, Services, and Software if any of your Content is found to be in violation of these Terms. We do not review all Content uploaded to the Services or Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abudive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).
6.2 Licenses to Your Content in Order to Operate the Services and Software. Solely for the purposes of operating or improving the Services and Software, when you upload Content to the Services or Software, you grant us a nonexcludive, worldwide, royalty-free, sublicensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform, and translate the Content.
6.3 Sharing Your Content.
(A) Sharing. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.
(B) Level of Access. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permisdive setting. It is your responsibility to let other users know how your Content may be Shared and to adjust the setting related to accessing or sharing your Content.
(C) Comments. Any comments that you submit through the Services and Software are not anonymous and may be viewed by other users. Your comments may be deleted by you, by other users, or by us.
6.4 Termination of License. You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service. Some copies of your Content may be retained as part of our routine backups, however.
6.5 Feedback. You have no obligation to provide us with ideas, suggestions, proposals, or bug or crash reports (“Feedback”). If you submit Feedback to us however, then you grant us a non-excludive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
7. User Conduct.
7.1 Responsible Use. The communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services and Software responsibly.
7.2 Misuse. You must not misuse the Services or Software. For example, you must not:
(A) use the Services or Software without, or in violation of, a written license or agreement with;
(B) copy, modify, host, stream, sublicense, or resell the Services or Software;
(C) enable or allow others to use the Services or Software using your account information;
(D) offer, use, or permit the use of the Services or Software in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party;
(E) use the Software to construct any kind of database or dataset;
(F) access or attempt to access the Services or Software by any means other than the interface we provide or authorize;
(G) circumvent any access or use restrictions put into place to prevent certain uses of the Services or Software;
(H) Share Content or otherwise engage in behavior that violates anyone’s Intellectual Property Rights. “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;
(I) Share any Content that is unlawful, harmful, threatening, obscene, violent, abudive, tortious, defamatory, libelous, vulgar, lewd, profane, invadive of another’s privacy, hateful, or otherwise objectionable;
(J) Share any Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other users, or the public;
(K) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(L) attempt to disable, impair, or destroy the Services or Software;
(M) upload, transmit, store, or make available any Content, Creative Cloud Customer Fonts, or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services or Software;
(N) disrupt, interfere with, or inhibit any other user from using the Services or Software (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm);
(O) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, fraudulent activities, or other unsolicited messages;
(P) place an advertisement of any products or services in the Services except with our prior written approval;
(Q) use any data mining or similar data gathering and extraction methods in connection with the Services or Software, including data scraping for machine learning or other purposes;
(R) artificially manipulate or disrupt the Services or Software (such as manipulating appreciations on Behance or driving users to third-party sites);
(S) create accounts for the purpose of violating these terms or for circumventing account termination or other types of actions taken by;
(T) manipulate or otherwise display the Services or Software by using framing or similar navigational technology; or
(U) violate applicable law.
8. Fees and Payment.
8.1 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
8.2 Credit Card Information. You authorize us to store your payment method and use it in connection with your use of the Services and Software as described in your Subscription and Cancellation Terms. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information that we obtain.
9. Your Warranty and Indemnification Obligations.
9.1 Warranty. By uploading your Content to the Services or Software, you agree that you have: (A) all necessary licenses and permissions to use and Share your Content; and (B) the rights necessary to grant the licenses in the Terms.
9.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services or Software (as applicable), or your violation of the Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter.
10. Disclaimers of Warranties.
10.1 We specifically disclaim all liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service or Software.
10.2 If you post your Content on our servers to publicly Share through the Services, we are not responsible for: (A) any loss, corruption, or damage to your Content; (B) the deletion of Content by anyone other than ; or (C) the inclusion of your Content by third parties on other websites or in other media.
11. Limitation of Liability.
11.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (A) resulting from loss of use, data, reputation, revenue, or profits; (B) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (C) arising out of or in connection with your use of or access to the Services or Software.
11.2 Our total liability in any matter arising out of or related to the Terms is limited to the greater of (A) US \$ 100 ; or (B) the aggregate amount that you paid for access to the Services and Software during the three-month period preceding the event giving rise to the liability.
11.3 These limitations and exclusions in this section 12 (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (B) we knew or should have known about the possibility of damages.
11.4 These Terms set forth the entire liability of loklik and its affiliates as well as your excludive remedy with respect to access and use of the Services and Software.
12. Termination.
12.1 Termination by You. You may stop using the Services and Software at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
12.2 Termination by Us. If we terminate the Terms, or your use of the Service(s) or Software for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. Please note you may lose access to your Content upon termination, Unless stated in any Additional Terms, we may, at any time, terminate or suspend your right to use and access the Services or Software if:
(A) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(B) you fail to make the timely payment of fees for the Services or Software, if any;
(C) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);
(D) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);
(E) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
(F) we elect to discontinue the Services or Software, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
(G) there has been an extended period of inactivity in your free account.
12.3 Survival. Upon the expiration or termination of the Terms, some or all of the Services and Software 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.
13.Trade Sanctions and Export Control Compliance.
The Services and Software, and your use of them, are subject to laws, restrictions, and regulations of the United States and other jurisdictions that (A) govern the import, export, and use of the Services and Software; and (B) may prohibit us from providing the Services and Software to you without notice. By using the Services and Software, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services and Software by the laws of any jurisdiction.
14.Dispute Resolution.
The effectiveness, interpretation, revisions, implementation and dispute resolution of this Agreement will be subject to the laws of Hong Kong and any conflicting legal rules or principles will not be applicable to this Agreement. All disputes, issues or claims arising from this Agreement, including breach of contract and the validity and termination of this Agreement, will be arbitrated in Guangzhou Arbitration Conmission using the effective International Arbitration Centre Administered Arbitration Rules valid at the time of submission of the arbitration notice. There will be three (3) arbitrators, and the arbitration proceedings will be English.
15. Updates to Services and Software and Availability.
15.1 Updates to the Services and Software. We may modify, update, or discontinue the Services or Software (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update, or discontinuation. If we discontinue the Services or Software in its entirety, we will use reasonable commercial efforts to allow you to transition your Content, and we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid.
15.2 Availability. Webpages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country or that user-generated content available via the Services is legal or available in your country. Access to certain Services (or certain Service features, Sample Files, or Content Files) in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them. Services are not available in all languages.
15.3 No Modifications, Reverse Engineering. Except as expressly permitted in the Terms, you may not (A) modify, port, adapt, or translate any portion of the Services or Software; or (B) reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service or Software, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service or Software. If the laws of your jurisdiction give you the right to decompile the Services or Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services or Software to ensure that our and our suppliers’ proprietary rights in the Services and Software are protected.
16. Miscellaneous.
16.1 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally accepted means. It is your responsibility to keep your account information current to receive notifications.
16.2 Non-Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.
16.3 Severability. If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect.
16.4 Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to loklik) under the Terms, if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
17.Account sharing.
17.1 You can also use your username and password to login to the following websites without the need to register a new account: https://www.htvront.com,https://www.loklik.com, https://shop.loklik.com,https://www.loklikworkshop.com, https://ideastudio.loklik.com, and other websites / services that may be available in the future (hereinafter collectively referred to as the“Websites”) .
17.2 When you log in to different websites with the same account,It is deemed that you agree to the terms and privacy policy of the website.
17.3 In order to provide better services, we may share your registration information and account information at https://www.htvront.com,https://www.loklik.com,https://shop.loklik.com,https://www.loklikworkshop.com, https://ideastudio.loklik.com,
18. DMCA.
18.1 We respect the Intellectual Property Rights of others, and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).
18.2 You may send notices to us at the following address: privacy@loklik.com.
