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Thank you for choosing Hailoo.
1. Your Agreement with Hailoo
1.1 By accessing or using Hailoo’s services, software, websites,
resources and products (herein referred to collectively as
“Services”) you are accepting and agreeing to enter into an
agreement ("Agreement") with Hailoo. “Hailoo” refers to
Hailoo Search Inc.
1.2 Hailoo offers these Services to you on the condition that you
accept, at a minimum, all terms and conditions mentioned in this
Agreement. This document explains the terms of the Agreement,
referred to here collectively as “Terms of Service” or “Terms.”
1.3 The Terms form a legally binding agreement between you and Hailoo
in relation to your use of the Services. Please read them carefully.
1.4 You understand and agree that the Terms constitute the entire
legal agreement between you and Hailoo, and govern your use of the
Services. Further, the Terms completely replace any earlier
agreements between you and Hailoo in regard to the Services.
1.5 By agreeing to the Terms, you understand and agree that you alone
are solely responsible for any breach of your obligations specified
within the Terms and for the consequences of any such breach.
1.6 You agree that Hailoo is not responsible to you or any third
party for any breach of your obligations specified within the Terms
and/or for the consequences of any such breach. You also agree to be
held solely responsible for all consequences, including any loss or
damage suffered by Hailoo or any third party, of any breach of your
obligations specified within the Terms.
2. Accepting the Terms of Service
2.1 In order to use the Services offered by Hailoo, you must first
agree to and accept the Terms of Service. Without first agreeing to
and accepting the Terms you may not use the Services.
2.2 By using any of the Services offered by Hailoo, you accept and
agree to the Terms, and understand that Hailoo will regard any
further use of the Services as confirming your agreement to the Terms
from that point onwards.
2.3 You may not accept the Terms and may not use the Services if you
are not of legal age to enter into a binding legal contract with
Hailoo, or if it is illegal for you to receive the Services under the
laws of the country you reside in or the country wherein you use the
Services.
2.4 You understand and agree that Hailoo may assign this contract, in
whole or in part, at any time and without prior notice. You agree
that you may not assign this contract, in whole or in part, to any
other person, business or entity and that any attempt to do so is
void.
2.5 You understand and agree that your acceptance of the Terms is
between you and Hailoo exclusively, and you may not transfer any
rights to use the Services, in whole or in part, either temporarily
or permanently, to any other person, business or entity.
2.6 You understand and agree that the English language version of the
Terms shall take precedence over any translated versions provided by
Hailoo. Further, if there is any contradiction between the English
language version of the Terms and a provided translation, the English
version shall override the translated version.
3. Access to Hailoo Services
3.1 You understand and agree that Hailoo reserves the right to modify
any element of the Services provided, at any time, for any reason,
without prior notice. Hailoo may add, modify, remove or otherwise
change any or all parts of the Services, in any way, at any time, and
for any reason, without prior notice.
3.2 You understand and agree that Hailoo reserves the right to cancel
or suspend, temporarily or permanently, any of the Services or any
element of the Services, to you or to users in general, at any time,
and for any reason, without prior notice. Further, you agree that
Hailoo shall not be liable to you or to any third party for any
suspension, termination or modification of any or all parts of the
Services.
3.3 You understand and agree that Hailoo reserves the right to deny
you access to any or all of the Services, temporarily or permanently,
by disabling, suspending and/or terminating your user account(s), or
otherwise restricting your access to the Services, at any time, and
for any reason, without prior notice.
3.4 You understand and agree that Hailoo shall not be liable to you
or to any third party for any termination or suspension of your
account(s) or any restriction of access to the Services.
3.5 You understand and agree that Hailoo reserves the right to deny
you access to any account details, files, and/or other content stored
in your user account(s), temporarily or permanently, at any time, for
any reason, without prior notice.
3.6 You understand and agree that your account details, files and/or
other content stored in your account(s) may be deleted or become
inaccessible once your account(s) has been disabled, suspended and/or
cancelled.
3.7 You understand and agree that Hailoo is not liable to you or to
any third party for the loss of any account details, files and/or
other content stored in your user account(s.)
3.8 You understand and agree that you are responsible for obtaining
access to the Services, as well as any third party fees, including
but not limited to fees associated with Internet service providers or
airtime charges, which may be involved with such access.
4. Use of the Services
4.1 You agree to abstain from using the Services for any of those
purposes which are prohibited by the Terms of Service, and/or any
applicable law, regulation or generally accepted practices or
guidelines in effect where you reside and/or wherein you use the
Services. This includes laws regarding the export and import of data
or software to and from where you reside and/or wherein you use the
Services or other countries.
4.2 You agree that you will not use the Services in any way that is
harmful towards Hailoo or any Hailoo user.
4.3 You will not do anything or participate in any activity that
could directly or indirectly damage, interfere with, disable, disrupt
or overburden the Services or any component of the network or
infrastructure under which the Services operate, or otherwise
interfere with anyone’s use or enjoyment of the Services.
4.4 You agree that you will not mirror, duplicate, reproduce, copy,
sell, trade, resell or exploit any of the Services or any part of the
Services provided by Hailoo or display them on another website or
through another medium, for any purpose, without written permission
from Hailoo.
4.5 You agree that you will not access, or attempt to access, any of
the Services through any means other than through the user interface
provided by Hailoo. You will not access or attempt to access any of
the Services through any automated means (including use of scripts
and web crawlers). All access to the Services must be attempted
individually by a human being and not through an automated script or
computer program. You also agree that you will comply with the
Robots Exclusion Protocol and honor the robots.txt file provided
through the Services.
4.6 You understand and agree that by using any of the Services
provided by Hailoo, any information or data you submit to the
Services may be relayed to other companies or service providers
associated with Hailoo. You acknowledge and agree that these
companies or service providers may provide the Services to you.
4.7 You understand and agree that Hailoo reserves the right to impose
limits, or modify currently existing limits, on the number of
transmissions you may send or receive through the Services or on the
amount of storage space provided by any of the Services, at any time,
and for any reason, without prior notice.
4.8 You understand and agree
that you will not use the Services to impersonate any person or
entity, including but not limited to a Hailoo employee or official, or
falsely state or otherwise misrepresent your affiliation with a
person or entity.
4.9 You agree that Hailoo reserves the right to send you notices
pertaining to the Services via, but not limited to, email, regular
mail, SMS, MMS, Bat-Signals or through updates or postings affixed to
the Services.
5. Personal Information and Account Security
5.1 Certain Services require you to provide personal information in
order to register or to continue use of the Services. This may
include your name, age and contact information. You agree that any
registration information you provide to Hailoo will always be true,
accurate, current and complete.
5.2 Certain Services require you to provide a login username and
password in order to gain access. You understand and agree that you
are solely responsible for maintaining the confidentiality of any
password(s) you use to access Hailoo Services.
5.3 Certain Services allow you to create sub-accounts which are
dependent on your master account. You are solely and fully
responsible for all activity that takes place within your master
account and any sub-account(s) associated with your master account.
5.4 You understand and agree that if you use a sub-account, the owner
of the master account has control over your sub-account(s.) The
owner of the master account reserves the right to end the service, or
close or otherwise modify your sub-account(s) at any time, without
your permission, and may have access to your account details.
5.5 You agree that only you, and no other party, will in any way
access or attempt to access Hailoo Services or accounts registered
under your name. You may not authorize any third party to access
your account(s) and/or use the Services on your behalf.
5.6 You agree that Hailoo is in no way responsible to you or any
third party if your password, account details and/or account security
is compromised in any way, at any time, and for any reason.
5.7 You agree that you are solely and fully responsible for all
consequences, including any loss or damage suffered by yourself,
Hailoo or any third party, if your password, account details and/or
account security is compromised in any way, at any time, and for any
reason. Further you agree to be solely responsible for all
consequences associated with your master account and any
sub-account(s) associated with your master account.
5.8 You agree to inform Hailoo immediately in the event that you
become aware of any unauthorized access to or use of your account(s).
Unauthorized account access or use must be reported immediately to
Hailoo.
6. Privacy Policy
6.1 Hailoo highly values your privacy. You understand and agree that
Hailoo may record registration data and certain other information
reflecting user activity in order to comply with applicable laws or
regulations and/or to enhance user experience. You agree to allow
Hailoo to collect, record and use your personal information or
account usage data, including the transfer of this information to the
United States and/or other countries for storage, processing and use
by Hailoo, as explained in the privacy policy.
6.2 You understand and agree that Hailoo may disclose your account
information and submitted Content if required to do so by law or if
Hailoo believes in good faith that such a disclosure is necessary in
order to comply with the law, enforce the Terms of Service, satisfy
customer service requests, or to protect the rights or personal
safety of Hailoo, its users, or the general public.
6.3 You understand and agree to the use of your personal data and to
the protection of your privacy, in accordance with Hailoo’s privacy
policy. You confirm and agree that you have read and understand
Hailoo’s privacy policy outlined in full at
http://www.hailoo.com/en/company/privacy.htm.
7. Content Accessible through the Services
7.1 “Content” refers to all information accessible, whether
publically posted or privately transmitted, as part of, or through,
your use of the Services. This includes, but is not limited to,
links to, descriptions of, or any audio/visual manifestation of any
multi-media data, such as websites, data files, written text,
messages, still images, photographs, graphics, audio files or other
sounds, music, video or other images, animation, interactive content,
computer software, directory listings, or feeds. You agree that all
Content accessible through the Services is the sole responsibility of
the creator and/or originator of such Content.
7.2 You understand and agree that by accessing or using the Services,
you may be exposed to Content which you may find objectionable,
offensive or indecent, and that your use of Hailoo Services is at
your own risk.
7.3 You agree that Hailoo may (but has no obligation to) pre-screen,
flag, filter, modify, refuse or remove any or all Content from any of
the Services, at any time, for any reason, without prior notice.
Further, you agree that Hailoo may provide tools to filter out sexual
content.
7.4 You agree that Hailoo may display paid, targeted advertisements,
sponsorships or promotions. You understand and agree that such
advertisements, sponsorships or promotions may be displayed on the
Services alongside other Content.
7.5 You understand that Content presented by or through the Services,
including but not limited to sponsored advertisements, may be
protected by copyright, intellectual property rights or other rights,
that are owned by the person, business or entity that provides that
Content to Hailoo, or by other persons or entities on their behalf.
You agree that you will not modify, rent, loan, lease, sell,
distribute, or create material based on this Content, either in whole
or in part, without explicit permission from the owner(s) of the
Content in a separate agreement.
7.6 You agree that Hailoo is not responsible for protecting and/or
enforcing any copyright, intellectual property rights or any other
rights, which apply to and/or subsist in any Content accessible
through the Services, whether those rights are registered or not, and
wherever in the world those rights may apply.
7.7 You understand and agree that nothing contained in the Services
is implied or intended to constitute professional advice or counsel,
including but not limited to medical, legal or financial advice.
7.8 You agree that Hailoo Services may include hyperlinks, for
example in the form of search results or advertisements, to other
external websites or online content or resources. Further you agree
that Hailoo may have no authority or control over any websites or
online content which is provided by persons, organizations or
businesses other than Hailoo.
7.9 You agree that Hailoo is not responsible for, and has no control
over, the availability, appropriateness or accuracy of any Content
from external websites, advertisements or other online content or
resources. Further you agree that Hailoo is not responsible or
liable for, and makes no endorsement, express or implied, of any
advertisements, materials, products or Content which are made
available through the Services or made on or available through such
external websites or other online content or resources made available
on or through the Services.
7.10 You agree that Hailoo is not responsible or liable for any loss
or damage which you may suffer as a direct or indirect result of, or
in connection with, accessing, using or relying on any external
websites or other online Content or resources, or on any
advertisements, materials, products or Content which are made
available on or through the Services or made on or available through
such external websites or other online Content or resources
accessible through the Services.
7.11 You agree that you will bear all risks in connection with
accessing, using or relying on any external websites or other online
Content or resources made available on or through the Services, and
that you are solely responsible for all consequences, including any
damage or loss suffered by Hailoo or any third party, or for any loss
or damage which you may suffer, as a result of accessing, using or
relying on such Content.
8. Content You Submit
8.1 Certain Services, including but not limited the advertising
Service, allow you to create, modify, post, display, submit, transmit
and/or exchange Content. You agree that:
You alone are solely responsible for all Content that you create,
modify, post, display, submit, transmit, exchange and/or otherwise
make available using Hailoo Services;
Hailoo has no responsibility to you or to any third party for any
Content you create, modify, post, display, submit, transmit,
exchange and/or otherwise make available using Hailoo Services;
You are solely responsible for any consequences, including any loss
or damage suffered by Hailoo, which occur in connection with any
Content you create, modify, post, display, submit, transmit,
exchange and/or otherwise make available using Hailoo Services.
8.2 You agree that any Content you create, modify, post, display,
submit, transmit, exchange and/or otherwise make available using
Hailoo Services may be stored or archived on Hailoo network servers
for an indefinite period of time. By using the Services you consent
to allowing Hailoo to store your Content indefinitely.
8.3 You agree that Hailoo reserves the right to remove or refuse to
publish any or all Content you create, post, display, submit,
transmit, exchange and/or otherwise make available on or through the
Services, at any time and for any reason, without prior notice.
8.4 You agree that Hailoo does not claim any copyright, intellectual
property rights, or any other rights, you already hold in any Content
that you create, post, submit, transmit and/or display on or through
the Services. You agree that by creating, posting, displaying,
submitting, transmitting, exchanging and/or otherwise making
available any Content on or through any of the Services, you grant
Hailoo the perpetual, non-exclusive, royalty-free, worldwide, and
irrevocable license to use, distribute, publish, reproduce,
publically display, publically perform, transmit, adapt, translate or
modify any Content, in whole or in part, in any format or medium,
which you create, modify, post, display, submit, transmit, exchange,
and/or otherwise make available on or through the Services. This
license is solely for the purposes of displaying, distributing and
promoting the Hailoo Services.
8.5 You agree that you are solely responsible, and that Hailoo has no
obligation, for protecting and/or enforcing any copyright,
intellectual property rights, or any other rights, which apply to
and/or are included in the Content you create, modify, post, display,
submit, transmit, exchange and/or otherwise make available on or
through the Services, whether those rights are registered or not, and
wherever in the world those rights may apply.
8.6 You agree that you will not create, modify, post, display,
submit, transmit and/or exchange any Content that violates or
infringes on any copyright, trademark, patent, service mark,
intellectual property right or other proprietary rights of any
person, business or entity.
8.7 You agree that you will not create, modify, post, display,
submit, transmit and/or exchange any Content that contains or links
to any unsolicited or unauthorized advertising, spam, junk mail,
chain letters, pyramid schemes, or any other unauthorized
solicitation.
8.8 You understand and agree that Hailoo will not pay for any Content
you create, modify, post, display, submit, transmit, exchange and/or
otherwise make available on or through the Services.
8.9 You grant Hailoo permission to publically display or publish your
name in connection with the Content that you create, modify, post,
display, submit, transmit, exchange and/or otherwise make available
on or through any of the Services.
8.10 You agree that in order to provide the Services to users, Hailoo
may transmit or distribute your Content over various public networks
and in various media, and any such transmissions may involve
interstate or international transfers. Further you agree that Hailoo
may make changes to your Content as are needed to conform and adapt
that Content to the technical requirements of connecting networks,
media, devices or services. By accessing or using the Services you
give permission to Hailoo to take these actions.
8.11 You agree that will not forge protocol headers or otherwise
manipulate identifiers in order to conceal the source of any Content
you create, modify, post, display, submit, transmit, exchange and/or
otherwise make available on or through the Services.
8.12 You agree that all Content you create, modify, post, display,
submit, transmit, exchange and/or otherwise make available on or
through the Services does not violate any applicable laws or
regulations of the country you reside in and/or the country wherein
you use the Services.
8.13 You agree that any Content you create, modify, post, display,
submit, transmit, exchange and/or otherwise make available on or
through the Services may be made available to other companies,
organizations, service providers or individuals which have a
relationship with Hailoo.
8.14 You agree that any Content you submit which includes
suggestions, ideas, proposals, or other contributions to Hailoo
through suggestion or feedback mechanisms automatically become the
property of Hailoo and that Hailoo is not under any obligation to
you, express or implied, with regard to any such submission. Further
you agree that you are not entitled to any compensation or
reimbursement of any kind from Hailoo under any circumstances, and
that Hailoo is entitled to use or disclose any Content or ideas
included in your submission for any purpose, in any way or format.
8.15 You confirm and agree to Hailoo that you have all the rights,
power and authority necessary to provide the permissions specified in
this section.
9. Proprietary Rights
9.1 You understand and agree that Hailoo owns all legal rights,
titles, copyrights, trademarks, and all intellectual property rights
which apply to and/or subsist in the Services, whether those rights
are registered or not, and wherever in the world those rights may
apply.
9.2 You agree that the Services may contain Content or information
that Hailoo designates as confidential or secret, and that you shall
not disclose such information to any party without express written
permission from Hailoo.
9.3 You agree that you do not have the right to, and that you will
never, display and/or use any of Hailoo’s trademarks, trade names,
service marks, logos, domain names or other distinctive elements of
Hailoo’s brand or identity in any manner without explicit
permission from Hailoo.
9.4 You agree that you will not obfuscate, conceal, remove, or in any
way modify, any copyright, trademark or other proprietary rights
notices which are affixed to, associated with, or contained within
the Services.
9.5 You agree that you will not use any trademark, trade name,
service mark, logo, domain name and/or other distinctive element of
any company or organization in a manner that is likely to mislead or
intentionally designed to cause confusion in regard to the legal
proprietor of such elements.
10. License from Hailoo
10.1 Hailoo grants you a personal, worldwide, royalty-free,
non-transferable and non-exclusive license to use the software
included within the Services, herein referred to as the “Software.”
This license grants you the right to use the Software as permitted
by the Terms of Service for the sole purpose of allowing you to use
and enjoy the Services. Hailoo reserves all other rights to the
Software.
10.2 You agree that you will not (or allow or delegate a third party
to) copy, disassemble, decompile, create a derivative work of,
reverse engineer, or otherwise modify or attempt to extract any
source code from the Software, unless the law expressly requires you
to do so.
10.3 You agree that the license granted to you by Hailoo is
non-assignable and therefore you may not assign, sell, sub-license,
grant a security interest in, or otherwise transfer any part of, your
rights in the Software.
11. Advertising Program
11.1 You understand and agree that Hailoo allows customers to display
paid advertisements, sponsorships or promotions on the Services. You
agree that Hailoo is not liable for any content included in any ads,
sponsorships or promotions that are displayed on or through the
Services.
11.2 You agree that all ads submitted to Hailoo are subject to review
and all decisions regarding ad relevancy, ad placement and ad
positioning are at the sole discretion of Hailoo. You further agree
that Hailoo makes no guarantee that your ads will appear on the
Services, nor does Hailoo make any guarantee that your ads will
appear in any particular position or ranking.
11.3 You agree and confirm that all advertising content you create,
submit, display and/or publish on or through Hailoo Services is true,
accurate, up-to-date and complete.
11.4 You understand and agree that Hailoo reserves the right to
refuse, modify, truncate, or remove any or all advertising content
that you create, submit, display and/or publish on or through the
Services, at any time, and for any reason, without prior notice.
11.5 You agree and confirm that you own all the necessary rights,
power and authority to submit, display and/or publish the advertising
content that you provide to Hailoo.
11.6 You agree and confirm that you are in the possession of
documents which substantiate all claims, expressed and implied, found
within the advertising content that you provide to Hailoo.
11.7 You agree and confirm that all advertising content you submit,
display and/or publish on or through Hailoo Services, including any
web site, document and/or multi-media file linked to, referenced or
included within the advertising content:
Does not violate any applicable law, statue, ordinance, treaty,
regulation, or any of the Terms of Service specified in this
document;
Does not violate or infringe on any copyright, trademark, patent,
service mark, intellectual property right or other proprietary
rights of any person, business or entity;
Does not violate the rights of any person or entity, including
rights of publicity or privacy, and is not otherwise likely to
result in any consumer fraud, product liability, tort, breach of
contract, injury, or any damage or harm to any person or entity;
Is not false, misleading or deceptive in any way. This includes,
but is not limited to , impersonating any person or entity,
including a Hailoo employee or official, or falsely stating or
otherwise misrepresenting your affiliation with a person or entity;
Does not link to a website which contains code designed to trigger
pop-up windows or pop-up advertisements of any kind;
Does not include or link to any website, file or content that could
cause damage to a user’s computer, download any executable
software, or modify a user’s settings;
Does not include any content that is defamatory, libelous,
slanderous, abusive, obscene, threatening or harmful to any person,
business or entity.
11.8 You agree that you will not engage or cause others to engage in
spamming or any activity that fraudulently or maliciously manipulates
the advertising program or misrepresents clicks or impressions.
12. Billing and Payment
12.1 Certain Services require you to provide billing information and
accept and pay charges incurred for the use of the Services. Such
Services are herein referred to as “Paid Services” or “Paid
Service.” You agree that by creating and/or registering an
account(s) with any of the Paid Services, you authorize Hailoo to
charge you using a method of payment (“Payment Method”) you
specify, such as a credit card, charge card or bank account, for all
charges and fees, including but not limited to any applicable taxes
and late charges, accrued in connection with your usage of any of the
Paid Services.
12.2 You agree that you authorize Hailoo to continuously and
automatically charge you using your Payment Method according to the
specified billing cycle associated with any of the Paid Services,
until such time as your account(s) is cancelled, suspended, closed or
otherwise terminated, by you (whereby cancellation of the Paid
Services is subject to the provisions specified in paragraph 12.17)
or by Hailoo, or until such time as all outstanding charges or fees
accrued within your account(s) in connection with your usage of a
Paid Service are satisfied, as determined by Hailoo.
12.3 You agree that you are authorized by law to use the Payment
Method you provide to Hailoo.
12.4 You confirm and agree that you will pay Hailoo in a timely
manner for, all charges and fees, including, but not limited to, any
applicable taxes and late charges, in connection with your account(s)
with any of the Paid Services, in a currency indicated by Hailoo.
12.5 You agree that all charges and fees will be calculated according
to methods and measurements determined by Hailoo, and that such
methods and measurements are definitive.
12.6 You understand and agree that the billing cycle and/or payment
plan may vary according to the Paid Service and country.
12.7 You agree that you will keep all information associated with
your billing account(s), including but not limited to your billing
address, credit card number and bank account details, accurate,
current and complete.
12.8 You agree that by providing Hailoo with information pertaining
to your Payment Method, you authorize Hailoo to update your Payment
Method information with information obtained from your financial
institution, the issuer of your credit card or charge card, or from
MasterCard, Visa, American Express or Discover.
12.9 You agree that by providing Hailoo with a Payment Method, you
authorize Hailoo to keep any information pertaining to the Payment
Method, including but not limited to your billing address, credit
card number or other account details, on file until such time as you
cancel the Paid Service, (whereby cancellation of the Paid Service is
subject to the provisions specified in paragraph 12.17), or until
your account with the Paid Service is otherwise terminated by Hailoo,
or until such time as all outstanding charges or fees accrued within
your account(s) in connection with your usage of a Paid Service are
satisfied, as determined by Hailoo.
12.10 You agree that if you request that Hailoo stop using your
specified Payment Method, your account may be terminated. You agree
that your request will not affect any outstanding charges or fees
that you owe to Hailoo, and further, you agree that this request will
not alter your obligation to pay all charges or fees accrued within
your account(s) in connection with your usage of a Paid Service.
12.11 You agree that if Hailoo is unable to successfully receive
payment from you through the Payment Method associated with your
account(s), or if Hailoo does not otherwise receive timely payment
from you, you will immediately pay all charges and fees, including
but not limited to any applicable taxes and late charges, owed to
Hailoo upon demand.
12.12 You agree that if you fail to pay Hailoo in a timely fashion
for all charges and fees accrued in connection with your usage of a
Paid Service, your account(s) may be suspended or terminated, and all
Services provided in connection with your account(s), such as the
displaying of ads, may cease.
12.13 You agree that if a master account with any sub-account(s) is
registered under your name in connection with a Paid Service, you are
solely liable for any and all charges and fees accrued within your
account and any sub-account(s) dependent on your master account.
12.14 You understand and agree that all charges and fees associated
with any Paid Service exclude any applicable taxes and government
charges. Further you agree that you are responsible for any such
taxes and charges, as well as any applicable late charges, that you
are obligated to pay or that Hailoo may collect from you.
12.15 You understand and agree that all payments and charges in
connection with a Paid Service are non-refundable.
12.16 You agree that all disputes arising from matters relating to
charges or fees associated with a Paid Service account must be
submitted to Hailoo in writing within 30 days of the date the charge
was incurred. If Hailoo is not contacted within 30 days, your right
to dispute the charge is waived and the charge is considered final
and must be paid in full to Hailoo.
12.17 You agree that the cancellation or suspension of a Paid Service
will have no effect on your liability for all charges and fees
accrued in connection with your usage of a Paid Service prior to the
cancellation or suspension.
12.18 You agree that Hailoo may keep any and all details and
information relating to your specified Payment Method on file,
including but not limited to your credit card number or bank account
details, after your account(s) is cancelled, suspended, closed or
otherwise terminated, by you or by Hailoo, until such time as all
outstanding charges or fees, including but not limited to any
applicable taxes and late charges, accrued within your account(s) in
connection with your usage of a Paid Service are satisfied, as
determined by Hailoo.
12.19 You agree that Hailoo reserves the right to cancel, suspend or
terminate any account(s) which has remained inactive for a period of
18 months or more.
12.20 You understand and agree that Hailoo reserves the right to
change your payment plan and/or billing cycle for any Paid Service,
at any time, and for any reason, without prior notice. You agree
that changes to your payment plan will be posted on the Services,
and/or you will be notified via email. Your continued usage of the
Paid Service confirms your acceptance of the modified payment plan
and/or billing cycle, and reconfirms that Hailoo is authorized to
automatically and continuously bill your Payment Method.
12.21 If you have received a limited time offer or other trial period
for a Paid Service, you understand and agree that you must cancel the
Service before the trial period expires in order to avoid incurring
charges. By not cancelling the Service, you agree that the Service
will automatically be changed to a paid subscription at the end of
the trial period, and you agree to authorize Hailoo to create a
billing account under your name and to automatically and continuously
charge your Payment Method.
12.22 You understand and agree that Hailoo may assess a late charge
if you fail to pay Hailoo in a timely fashion for all charges and
fees accrued in connection with your usage of a Paid Service. You
agree that you will be held liable and must pay for these late
charges.
12.23 You agree that Hailoo reserves the right to use a third party
to collect any past due amounts, including but not limited to any
late fee charges, accrued in connection with your usage of a Paid
Service. Further you agree to be held liable for all reasonable
costs, including but not limited to attorneys' fees and other legal fees and costs, that Hailoo may incur to
collect any past due amounts.
12.24 You understand and agree that even if you do not use a Paid
Service, you may still accrue incidental charges from a third party
for using the Services, such as charges from your Internet provider
or mobile phone service provider. Such charges and any related terms
are between you and the third party and do not affect your Agreement
with Hailoo.
13. Software Updates
13.1 You agree to receive from Hailoo any automatic upgrades,
including but not limited to bug-fixes and newer versions, which may
be automatically downloaded and installed to the Software provided by
Hailoo, as part of your use of the Services, at any time, without
prior notice.
14. Ending your Agreement with Hailoo
14.1 You agree that your Agreement with Hailoo remains in effect
until it is terminated by you or by Hailoo as outlined in this
section.
14.2 You understand and agree that you may terminate your agreement
with Hailoo at any time by notifying Hailoo in writing and by closing
all existing accounts for all Services which you use, where the
option to cancel is applicable.
14.3 You understand and agree that Hailoo may terminate its Agreement
with you at any time, for any reason, without prior notice. Such
reasons include, but are not limited to, the following:
If Hailoo determines that you have breached (or it is clear that you
intend to breach, or are unable to act in compliance with) any
section or provision of the Terms of Service;
If the provision of the services to you is or becomes unlawful, or
Hailoo is otherwise required by law to terminate its Agreement with
you;
If Hailoo decides to discontinue providing the Services, or any
element of the Services, used by you for any reason;
Extended periods of inactivity;
Failure to pay in a timely manner fees owed by you in connection
with the Services.
14.4 You agree that if any or all of the Services are cancelled or
suspended, or if your agreement with Hailoo is terminated, either
temporarily or permanently, any files, data or other materials
associated with your user account(s) within the Services may be
irretrievable and unrecoverable.
14.5 You agree that the cancellation or suspension of any or all of
the Services by you or by Hailoo will not alter or affect your
obligation to pay all charges accrued within your billing account(s.)
14.6 You agree that all of the legal rights, obligations and
liabilities which have applied to you and Hailoo, or which have
accrued over time throughout the duration of the Agreement, or which
are expressed within the Terms to apply indefinitely, such as those
specified in Section 19.1 of the Terms, shall continue to remain in
effect and apply indefinitely, after the termination of the Agreement
between you and Hailoo.
15. DISCLAIMER OF WARRANTIES
15.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT
YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH
ALL FAULTS” AND “AS AVAILABLE” BASIS. YOU ALSO AGREE THAT
HAILOO MAKES NO GUARANTEE OF QUALITY, PERFORMANCE, SECURITY,
TIMELINESS, AVAILABILITY, ACCURACY OR RELIABILITY OF ANY OF THE
SERVICES OR OF ANY CONTENT OR INFORMATION PROVIDED THROUGH, OR MADE
ACCESSIBLE THROUGH, ANY OF THE SERVICES.
15.2 YOU AGREE THAT HAILOO MAKES NO EXPRESS, IMPLIED OR STATUTORY
WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
15.3 YOU UNDERSTAND AND AGREE THAT HAILOO EXPRESSLY DISCLAIMS ALL
WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
15.4 YOU UNDERSTAND AND AGREE THAT HAILOO MAKES NO GUARANTEE THAT ANY
ERRORS, DEFECTS OR FAULTS FOUND IN THE OPERATION OR FUNCTIONALITY OF
ANY ELEMENT OF ANY OF THE SERVICES PROVIDED BY HAILOO WILL BE
ADDRESSED OR CORRECTED.
15.5 YOU UNDERSTAND AND AGREE THAT YOU USE HAILOO SERVICES AT YOUR
OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY
LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE THAT
RESULTS FROM ACCESSING, DOWNLOADING OR OTHERWISE OBTAINING ANY
SOFTWARE, MATERIAL OR CONTENT MADE ACCESSIBLE THROUGH THE SERVICES.
15.6 YOU UNDERSTAND AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM HAILOO OR THROUGH OR FROM THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
16. LIMITATION OF LIABILITY
16.1 YOU UNDERSTAND AND AGREE THAT HAILOO SHALL NOT BE LIABLE TO YOU
FOR:
ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY,
PUNITIVE OR ANY OTHER DAMAGES, WHICH YOU MAY INCUR, REGARDLESS OF
CAUSE, AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES BUT IS NOT
LIMITED TO ANY LOSS OF PROFIT, ANY LOSS OF GOODWILL OR REPUTATION,
ANY LOSS OF DATA, ANY LOSS OF EQUIPMENT, COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, WHETHER
INCURRED DIRECTLY OR INDIRECTLY.
ANY LOSS OR DAMAGE WHICH YOU MAY INCUR INCLUDING BUT NOT LIMITED TO
LOSS OR DAMAGES INCURRED THROUGH OR RELATED TO:
YOUR USE OR RELIANCE ON THE SERVICES, INCLUDING BUT NOT LIMITED TO
THE COMPLETENESS, ACCUARCY, AVAILABILITY OR EXISTENCE OF THE
SERVICES, OR ANY FEATURES INCLUDED IN THE SERVICES;
ANY CONTENT ON THIRD PARTY INTERNET SITES, INCLUDING BUT NOT
LIMITED TO THIRD PARTY PROGRAMS, PRODUCTS, SERVICES OR ANY
TRANSACTIONS OR AGREEMENTS WITH A THIRD PARTY;
YOUR USE OR RELIANCE ON ANY SERVICE, PRODUCT OR CONTENT PROVIDED BY
ANY ADVERTISER OR SPONSOR WHOSE ADVERTISEMENT, MESSAGE OR CONTENT
APPEARS ON ANY OF THE SERVICES;
ANY RELATIONSHIP, TRANSACTION OR CONTRACT BETWEEN YOU AND ANY
ADVERTISER OR SPONSOR WHOSE ADVERTISEMENT, MESSAGE OR CONTENT
APPEARS ON ANY OF THE SERVICES;
ANY TEMPORARY OR PERMANENT CHANGES OR CESSATIONS MADE TO THE
SERVICES OR ANY FEATURES INCLUDED IN THE SERVICES, WHICH HAILOO MAY
MAKE;
ANY VIRUS OR OTHER MALWARE TRANSMITTED BY OR OBTAINED THROUGH YOUR
USE OF THE SERVICES OR ANY FEATURES INCLUDED IN THE SERVICES;
ANY LOSS OF OR CORRUPTION OF OR FAILURE TO STORE, ANY DATA OR
CONTENT STORED OR TRANSMITTED BY OR THROUGH THE SERVICES;
ANY INCOMPATIBILITIES BETWEEN THE SERVICES AND ANY SOFTWARE OR
HARDWARE;
YOUR FAILURE TO PROVIDE HAILOO WITH CORRECT OR UP-TO-DATE ACCOUNT
DETAILS;
ANY BREACH OF ACCOUNT DETAILS OR PASSWORD SECURITY OR
CONFIDENTIALITY;
CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR
CONDITION, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT.
16.2 YOU UNDERSTAND AND AGREE THAT THE LIMITATIONS ON HAILOO’S
LIABILITY TO YOU IN PARAGRAPH 16.1 ABOVE APPLY WHETHER OR NOT HAILOO
WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH
DAMAGES OR LOSSES ARISING.
16.3 SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS SPECIFIED IN SECTIONS 15 AND 16 MAY NOT
APPLY TO YOU. THEREFORE, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN
YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Third Parties
17.1 Hailoo Services may link to and/or provide access to services,
content, software or products provided by other persons, companies,
organizations or entities. Your access to and/or use of such
services, content, software or products may be subject to a separate
set of terms or agreements between you and the third party concerned.
The Agreement between you and Hailoo as well as the Terms specified
within this document are not affected by, nor do they affect, your
relationship and/or agreement with such third parties.
17.2 You agree that, except as expressly indicated in the Terms,
there shall be no third party beneficiaries to this Agreement.
18. Changes to the Terms of Service
18.1 You understand and agree that Hailoo reserves the right to make
amendments, modifications and/or additions to the Terms at any time,
and for any reason, without prior notice.
18.2 You understand that if you do not agree to any changes made to
the Terms, you must immediately stop using the Services. If you do
not stop using the Services, your continued usage indicates that you
fully accept and agree to the modified Terms.
19. Provisions for Resolving Disputes
19.1 You agree that all matters regarding the Terms and your use of
all Hailoo Services, including matters arising from a prior,
cancelled or terminated agreement with Hailoo, shall be governed and
resolved by the laws of New York State without regard to its conflict
of laws provisions. You and Hailoo agree that all legal matters
arising from the Terms and your use of Hailoo Services shall be
resolved under the exclusive jurisdiction of the courts of Suffolk
County, New York. Furthermore, you agree that Hailoo reserves the
right to apply for injunctive remedies or legal compensation, relief
and/or settlement in any jurisdiction.
19.2 You agree that any inaction on the part of Hailoo in regard to
enforcing or exercising any legal right or remedy specified in the
Terms, or any right or remedy under any applicable law which may
benefit Hailoo, does not constitute a formal waiver of such rights or
remedies, and that such rights or remedies will remain available and
enforceable to Hailoo.
19.3 If any part or provision of the Terms is determined to be
invalid or unenforceable by a court of law with the authority and
jurisdiction to decide on such matters, then Hailoo will replace that
particular section or provision with a valid, enforceable provision
which most closely resembles the intent of the original provision.
This will not have any effect on the remainder of the Terms. The
remaining sections or provisions within the Terms will remain valid
and enforceable.
April 25, 2010
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