Last updated: 2019-11-25
Welcome to Face X Play!
Face X Play( the App” or “Software”) is provided by Funnytech Corporation(“we”,“our”or“us”).
Please read the following Terms of Use (the“Agreement”) carefully. Your download, installation, use of and other access to use of the App means you have accepted this Agreement. If you do not agree with this Agreement, please stop using the App immediately.
1.1. This Agreement constitute the legal basis for you to access and use the App and related free or paid services. 1.2. In addition to this Agreement, additional terms of the relevant distribution platform (e.g. iTunes) may apply for your purchase and download of the App. 1.3. To the extent that third parties (hereinafter “Partner Companies”) offer you services using the App, the respective Partner Companies are solely responsible for such services.
Your internet connection, the maintenance of the network connection and the procurement and availability of the hardware and software required to use the App are not the subject matter of this Agreement. Thus, in order to be able to use the App, you must ensure under your own responsibility that Internet access and all other technical devices required are in place and must bear related fees yourself.
Scope of the Software License
3.1. We grant you a personal, revocable, non-transferable and non-exclusive license to use the App. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the App or use related services on your smart mobile end-device, including but not limited to tablet, smart phone (“end-device”) for non-commercial purposes. 3.2. The App and related services are provided on the basis of a currently available level of skill and condition. We are trying our best to meet your needs and ensure the consistency and security of our services. But we are not able to foresee at all times some legal and technological risks including but not limited to service interruption, data loss and other damages and risks due to force majeure, viruses, Trojans, hackers’ attack, unstable system, defective services provided by third parties, and government actions. You hereby acknowledge and confirm that you use the App and related services at your own risk, except as otherwise provided by law. 3.3. You may not use the App under the following conditions: you shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way; you shall use the App for lawful purposes only; you shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App; you shall not conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test the App system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the App system normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package. 3.4. You may not use the App in a way that may lead to damage, suspension, overloading or quality reduction to the App (or server and internet connected to the App), or in the way that may affect the Service provided. 3.5. You promise not to copy, grant a sub-license, share or sell the App or the Service to any others. You are fully responsible for any fees and expense arising therefrom. 3.6. We reserve all rights not expressly granted to you. And this license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.
4.1. Some of the services provided by the App will need to be paid for use. You may choose our monthly package or annual package for the paid services. Once the fees are duly paid in full, you will acquire the paid services within the subscription period. For paid services, we will obtain your consent before collection of payment. In the future, the App may comprise further paid services. If you already subscribed the paid services during the period the further paid services is updated, you will be able to use the further paid services during the subscription period without extra charge, provided that: 1) no extra charge is required by us; 2) you update the App as may be required to use the further paid services. 4.2. For any paid services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Apple Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with Apple or a third party, that governs your use of a given payment processing method. 4.3 We could modify about our payment policy according to practical needs. Some free services may become paid services in the future. If the fee is not paid on time and in full, you will no longer be able to use the paid services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.
5.1. You agree that graphics, photos, and any other materials (collectively “Content”) uploaded or transferred by you via the App shall be your sole responsibility. You shall not infringe or violate the rights of any other party or violate any laws, shall not contribute to or otherwise encourage unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. 5.2. You understand that, whether or not the Content is published, we do not guarantee any confidentiality with respect to such Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and are not responsible for any loss of the Content. 5.3. You retain all of your ownership rights in your Content submitted, however, by uploading, posting or otherwise transmitting your Content on or to the App, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Content. You also permit other users to access, display, view, store and reproduce such Content for personal use under these terms of this Agreement. 5.4. When you provide your Content to the App, you understand and accept complete responsibility for your Content, including any consequences that may arise. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content. As such, you represent and warrant that you own or have (and will continue to have during your use of the App) been granted all necessary licenses, rights, consents and permissions for such Content. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assignees from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in this Agreement. 5.5. On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such Content complies with the content requirements set out in this Agreement, and may remove such Content and/or terminate a user’s access for uploading such Content, at any time, without prior notice and at our sole discretion.
6.1. We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law/regulation on data protection by taking necessary measures and comply with the same in collecting, processing, transmitting and storing your personal information. Please be sure to read carefully our Privacy Policy which specifies the way we collect and use your personal information, etc. 6.2. The App may request your permissions to use your end-device’s camera and photo album during regular operation, and to receive notice from us. If additional authority is required, we will ask for your permission in advance.
7.1. You acknowledge and agree that we possess any and all the lawful rights and interests of the App, including any intellectual property rights involved in the software and service. 7.2. The information in the App includes but not limited to words, software, audios and videos, photos, diagrams, all contents in advertisements, the commercial information we offer to you, etc., which are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these contents only when you have our authorization; no unauthorized reproduction, modification or compilation of these contents or creation of relevant derivative works are permitted. 7.3. Unless you have otherwise reached written agreement with us, this Agreement does not authorize you to use name of software, trademark, service mark, logo, domain name or any other sign with distinctive brand feature relating to us.
You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.
9.1. You fully understand that the App will involve Internet services and may encounter various risks such as force majeure which may cause the suspension of relevant services. We will use our best efforts to conduct timely repair, howsoever you shall be solely responsible for all losses incurred thereby, and we are not liable for the losses. Such risks include but not limited to the service interruption and disruption as a result of any of the following reasons: a) damage due to computer virus, Trojan or other malicious program, and hacker attack; b) a fault takes place in the software, system, hardware or communication lines of the terminal device of the users or us; c) accident, natural disaster or governmental act; d) users’ use of any services which are not provided or authorized by us; or e) any other force majeure or factor beyond our control. 9.2. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. WE DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. 9.3. IN NO EVENT SHALL US BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES PROVIDED BY THE APP APPLICATION. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE APPLICATION OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE App SERVICES IN ANY COUNTRY.
Use by Juveniles
The App does not directly target any juvenile users. If you are a juvenile user and decide to use the App any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the App under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use the App in a correct way.
Notices
You are asked to report violations of your copyrights to funnytech.co@gmail.com. In the process, we request the following information to be made available: a) an electronic or handwritten signature of the person who is authorized to act on behalf of the holder of the right; b) a description of the copyright protected work with respect to which rights were infringed, in your opinion; c) a description of where the material is located that, in your opinion, infringes on copyrights; d) your address, telephone number and email address; e) a declaration that, to the best of your knowledge and belief, the contested use is not permitted by the holder of the copyright, his authorized representative or by provisions of law; f) a declaration in lieu of an oath that the foregoing information is truthful and that you are the holder of the copyrights or are authorized to act in the name of the copyright holder.
We have the right to amend the provisions of this Agreement from time to time subject to the change of law and regulative policy and based on need of operation and development. Your continuous use of the App will be deemed as your acceptance of such update.
13.1. You have the right to stop using the App at any time. 13.2. The App may be updated from time to time. You may at your own discretion decide whether to accept the updates or not. We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred. 13.3. We reserve the rights to amend, interrupt, suspend or terminate to provide the App based on the actual situation at any time, which includes but not limited to the memory space obtainable to a single user, the nature and quantity of the contents uploaded and other data or the ability of the users on continuously accessing the App and services, etc. 13.4. You agree that we may, without prior notice, suspend or terminate the services related to the App if: a) the personal information you provide is inaccurate, fake or illegal/valid; b) you are in breach of this Agreement; c) we do so subject to law or requirements of competent authority; d) other condition upon which we need to do so. 13.5. Upon termination of our service, we, subject to law and regulation, reserve the right to completely delete all information in your account, and we shall no longer undertake obligations to you.
If any provision of this Agreement is held to be illegal or unenforceable by any court or arbitral institution, the other provisions shall survive and continue to be binding.
The validity and interpretation of this Agreement is applicable to laws of the People’s Republic of China( “PRC”). If any provision in this Agreement conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The parties agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit the issues to Guangzhou Arbitration Commission in accordance with its then current Arbitration Rules.
16.1. All the headings used in this Agreement are inserted only so that the text is easy for reading. They do not have any actual meaning and should not be taken as the basis for the construction of this Agreement. 16.2. We welcome your feedback in respect of the App. Unless otherwise expressly represented or subject to applicable laws, any feedback sent from you will be deemed as non-confidential contents. You agree that we may, at our own discretion, decide whether to release or publish such contents. And you agree to authorize us to use the same at no cost and to amend, adapt, adjust design or change related technical plans, or make any amendment as necessary. 16.3. If you have any comments on the App and related services or this Agreement, you may contact us funnytech.co@gmail.com, and we will use our best efforts to provide you with timely and necessary assistance.