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 Hailoo Terms of Service
  
 

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:

  1. 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;

  2. 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;

  3. 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:

  1. Does not violate any applicable law, statue, ordinance, treaty, regulation, or any of the Terms of Service specified in this document;

  2. 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;

  3. 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;

  4. 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;

  5. Does not link to a website which contains code designed to trigger pop-up windows or pop-up advertisements of any kind;

  6. 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;

  7. 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:

  1. 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;

  2. 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;

  3. If Hailoo decides to discontinue providing the Services, or any element of the Services, used by you for any reason;

  4. Extended periods of inactivity;

  5. 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:

  1. 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.

  2. ANY LOSS OR DAMAGE WHICH YOU MAY INCUR INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGES INCURRED THROUGH OR RELATED TO:

    1. 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;

    2. 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;

    3. 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;

    4. ANY RELATIONSHIP, TRANSACTION OR CONTRACT BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISEMENT, MESSAGE OR CONTENT APPEARS ON ANY OF THE SERVICES;

    5. ANY TEMPORARY OR PERMANENT CHANGES OR CESSATIONS MADE TO THE SERVICES OR ANY FEATURES INCLUDED IN THE SERVICES, WHICH HAILOO MAY MAKE;

    6. ANY VIRUS OR OTHER MALWARE TRANSMITTED BY OR OBTAINED THROUGH YOUR USE OF THE SERVICES OR ANY FEATURES INCLUDED IN THE SERVICES;

    7. ANY LOSS OF OR CORRUPTION OF OR FAILURE TO STORE, ANY DATA OR CONTENT STORED OR TRANSMITTED BY OR THROUGH THE SERVICES;

    8. ANY INCOMPATIBILITIES BETWEEN THE SERVICES AND ANY SOFTWARE OR HARDWARE;

    9. YOUR FAILURE TO PROVIDE HAILOO WITH CORRECT OR UP-TO-DATE ACCOUNT DETAILS;

    10. ANY BREACH OF ACCOUNT DETAILS OR PASSWORD SECURITY OR CONFIDENTIALITY;

    11. 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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