This Ino Labs License and Services Agreement (hereinafter referred to as "the Agreement" and defined below) is concluded by You and the provider of Ino Labs game service. This agreement has contractual effect. In order to protect your legal rights, please carefully read and fully understand the content of each term, in particular terms concerning the exemption or limitation of liability, and the separate agreement for open or use a single service, before You agree and accept all terms of this agreement. Please pay attention to the Limitation and exemption terms which may be written in bold to highlight.
Upon any modification of this agreement, the modified content will be posted on the website homepage of the Ino Labs. Modified service terms shall be effective and shall replace the original service terms at the moment of posting on the website homepage, without individual notification to users. If You do not agree to the modification of service terms, You should immediately stop using and cancel any related services. If you do not stop using the service or cancel the related services, your login or browsing use of the related service shall be regarded as your understanding and acceptance to the relevant modified terms. The developer and the user agree, understand and follow the below terms, which are applicable not only to Ino Labs service, but also to the developer's other relevant services for similar or related situation. It is binding for all services and the use of any relevant or related services.
Definitions
Unless specially prescribed otherwise, the following terms used in this agreement shall be defined as follows:
1.1. Agreement shall mean the text of this agreement, any game rules, and/or any modified versions of this agreement or game rules, such modifications deemed an integral part of this agreement upon their official release. In the event this agreement is inconsistent with any law, regulation, and/or policy of the country/area where the game is released, the provisions of such law, regulation, and/or policy shall prevail and deemed a part of this agreement.
1.2. Game Rules shall mean user codes, player regulations, game announcements, notices, etc. related to Ino Labs which are published and revised by a Provider of Ino Labs Service.
1.3. Ino Labs Game shall mean any game operated by Ino Labs, including, but not limited to PC games, web games, mobile games, etc. A Ino Labs Game provided in the form of software also includes relevant software and related documentation.
1.4. Ino Labs Game Service shall mean any online game-related operation service which is provided by Ino Labs to you.
1.5. Ino Labs Game Elements shall include the text, image, audio, video, icon, interface design, layout framework, related data and/or electronic documentation, etc.
1.6. You: (also known as "player" or "user") shall refer to the natural person who is authorized to use the Ino Labs products and services.
1.7. Game Data shall mean all data which are generated during your playing of Ino Labs games and recorded by the server, including, but not limited to, game logs, security logs, and similar data.
1.8. Virtual Items shall include, but is not limited to, the virtual currency, props, equipment, materials and/or similar items contained in any Ino Labs Game.
1.9. User Information shall include the data under your game account, and any other information collected based on security considerations, user experience/optimization, and/or other factors in the use of a Ino Labs Game Service.
Statement on Intellectual Property Rights
2.1 Ino Labs shall be deemed the owner of any Ino Labs Game and any Ino Labs Game Elements as well as the owner of any and all intellectual property rights related to any Ino Labs Game and any Happy Element Game Elements, except for the rights that are owned by a third party in accordance with applicable laws, regulations, or other agreements.
2.2 All property and intellectual property rights in Game Data created in connection with the use of any Ino Labs Game Service shall be deemed to belong to Ino Labs. Ino Labs has the exclusive right to dispose of any Game Data.
2.3 This Agreement shall not be deemed as licensing or transferring to You any rights and/or interests related to any Ino Labs Game and/or Ino Labs Game Elements.
2.4 If any intellectual property right contained in a Ino Labs Game or in Ino Labs Game Elements is owned by a third party, You shall use such intellectual property rights in the manner prescribed by this Agreement. In the event, any third party were to bring an intellectual property infringement action against You due to your breach of this Agreement or for any other reasons unrelated to this Agreement, You shall bear responsibility for any such claim and shall compensate for any losses inflicted on Ino Labs.
The collection, usage and protection of User Information; Privacy Policy
4.1 You agree and authorize Ino Labs for the purpose of performance of this agreement to collect and use your User Information in accordance with the Privacy Policy. Ino Labs agrees to collect and use your User Information in accordance with the Privacy Policy, this agreement and applicable laws and regulations.
4.2 If You disclose your property accounts, bank cards, credit cards, corresponding passwords and other important materials or information to any third party (i.e. anyone other than Ino Labs) when using Ino Labs Game Service, You shall bear any resulting losses.
Ino Labs Game Service
5.1 You may only use the Ino Labs game service for non-commercial purposes and in accordance with this Agreement, for the following activities, including:
(1) Receiving, downloading, installing, starting, upgrading, displaying, operating and/or taking screenshots of a Ino Labs game;
(2) Referring to the rules of a game, creating user profiles and reviewing game results, setting up game parameters, using and presenting virtual items of a game in an appropriate manner.
(3) To use one or several functions supported and allowed by a Ino Labs game.
Any unauthorized installing, use, access, display, running and/or transfer shall be deemed a breach of this Agreement.
5.2 You shall not record and circulate game content to others in any way without permission from Ino Labs when using Ino Labs Game Service, including the use of any third-party software for network transmission, etc.
5.3 When a Ino Labs service is provided in the form of software, You shall also comply with the provisions of this Agreement about software downloading and installing when using a Ino Labs Game and/or its service.
5.4 If Ino Labs determines or receives a report or a complaint from others about your activities or content which violate this Agreement, Ino Labs shall have the right to delete the related contents at any time without notice, and to sanction or penalize the game account or game account user, according to the situation of the violation and the degree of its seriousness, including, but not limited to, issuing a warning, restriction or ban of all or part of a game account’s functions, ban use of a game account, and/or logout the user from the game account, and publicly announce the results to others, including other game account users.
5.5 You agree that Ino Labs shall have the right to sanction and penalize for activity or behavior that in the reasonable judgment of Ino Labs violates relevant laws and regulations or the provisions of this Agreement and to take any appropriate action against any user for any such violations. Ino Labs shall have the right to keep relevant information and report to the relevant departments according to applicable laws and regulations, etc. The user shall bear sole legal responsibility for any activities or behavior causing such violation.
5.6 You fully understand and agree that You shall solely bear responsibility for any damage caused or incurred by any claims, demands or losses asserted by a third party due to your violation of the provisions of this Agreement or the terms of relevant service. If Ino Labs suffers any loss, You shall also compensate Ino Labs for such loss.
5.7 You fully understand and agree that virtual goods are part of the Ino Labs Game Service. Pursuant to the terms of this Agreement, Ino Labs permits You to obtain the rights to use these Virtual Items. If You buy or use Virtual Items, You shall follow this Agreement and the specific requirements of the games. At the same time, Virtual Items may be restricted by a certain validity and if You have not used them within the prescribed period of validity, the Virtual Items will be null and void automatically once the valid period expires, except for force majeure or for reasons attributable to Ino Labs.
5.8 You fully understand and agree that to create a fair and healthy game environment; Ino Labs shall have the right to know the random storage memory and the procedures that are running along with Ino Labs Game at the same time of your terminal equipment through technical means in the use of the Ino Labs Game Service. In the event that any unauthorized and/or harmful procedures that influence the normal operation of Ino Labs Game Service are found, Ino Labs will collect all related information and take reasonable measures to address and restore the Ino Labs Game Service.
5.10 You fully understand and agree that in order to ensure You and other users' game speed, Ino Labs has the right to regularly transfer or remove prior game data stored on the Ino Labs game server.
5.11 You fully understand and agree that the game service You are using involves Internet services and therefore the game service may be affected by unstable factors in every link of the Internet. As a consequence, this game service is under the risk of force majeure, the attacks of a virus or a hacker, an unstable system, the location of the user, the user being shutdown, as well as other reasons such as technology, the Internet, and communication lines that may cause a service interruption or fail to meet users' requirements.
As for this matter, within the maximum extent permitted by law, Ino Labs is not able to guarantee the provision of game services which will be able to meet your requirements, and we do not guarantee to provide a game service that will not be interrupted. Furthermore, we are not able to and thereby do not guarantee the timeliness, security, error occurrence and/or whether information/data can be transferred accurately, timely, and/or smoothly for this game service.
5.12 You fully understand and agree that in the use of the Ino Labs Game Service, if there is any threatening, defamatory, offensive and/or illegal content or behavior from others or anonymous or pseudonymous information risk of invasions on the rights of others (including intellectual property rights), You undertake to assume the above risks. Ino Labs will not make any kind of guarantee as to the game service, either explicit or implicit, as to the authenticity, commerciality, or suitability for a particular purpose, proprietorship and/or non-infringement of any information. Ino Labs shall not undertake any responsibility for direct, indirect, incidental, special, and/or subsequent damages caused by your improper or illegal use of the game service.
5.13 You shall fully understand and pay attention to the following:
(1). Ino Labs may periodically update applications by releasing software update packages and patches, upgrading online, etc. In the process of updating, Ino Labs may retrieve and collect your personal information – for example, about client software version information, data, and other relevant information about your game, and automatically replace, modify, delete, and / or supplement such information. If You do not agree with Ino Labs for this operation, then you should stop using the Ino Labs service; your use of a Ino Labs' product is deemed that You agree to any updates to applications by Ino Labs.
(2). For games, some updates may be updates of the software version. If You do not update, You will not be able to login to the application. Further, this updating operation will completely replace the old version on your terminal device with the new version of the application.
(3). There exists risk when You try to obtain virtual properties including game currencies, props and equipment from a third party. You are prohibited to obtain the above virtual properties from a third party. If You insist to do so, You shall bear the corresponding risk, and Ino Labs has the right to directly retrieve or delete these virtual properties or take other measures.
(4). Users’ violations of this Agreement may prevent You to continue using your current game account, for example, if the terminable virtual properties under your game account expire during the above operation term of Ino Labs. Under this circumstance, You shall bear any loss caused thereby on your own. In other words, during the duration of the above operations by Ino Labs use of virtual properties will be counted in the use duration of terminable virtual properties. After measures are taken, the use duration of terminable virtual properties will not be extended.
5.14 Ino Labs may, through its official website, customer service hot line, game administrator, or in other ways, provide customer services such as the rules of the game, BUG or plug-in reports, game item retrieval, item lock or unlock, and account complaints to You. You shall:
(1) Be informed of the contents, requirements and costs of customer services through Ino Labs official website or other channels provided by Ino Labs. Please carefully decide whether to accept the relevant customer services, and accurately express your requests to the Ino Labs service staff.
(2) Understand and accept the special agreements or terms of Ino Labs on the customer service provided.
(3) Provide real personal information and game status to Ino Labs according to requirements, including valid identification, situation of other users or online game You are using. Such would include, but would not be limited to: a) Your game account and personal data under it; b) online game login status and game item status; c) BUG, plug-in and other users who are using plug-ins in the game application.
5.15 In the event of any the following circumstances, Ino Labs has the right to stop or interrupt the service provided by the game server, and Ino Labs shall not be liable to a user or a third party because of inconvenience or damage incurred thereby:
(1) Regular inspection or construction, updating of software and hardware, etc. Ino Labs has the right to stop service, but will finish the work of updating and maintenance as soon as possible.
(2) Damage to a server that prevents normal working conditions;
(3) Sudden failures of software and hardware equipment and/or electronic communication equipment;
(4) Network provider line fault or other troubles;
(5) In emergency conditions, to protect national security or the safety of other users/third party;
(6) Force majeure and/or reasons caused in part or whole by a third party.
User Code of Conduct
6.1 You fully understand and agree that You must be responsible for all conduct under your own game account, including any contents made by You and any consequences for activities attributable to your account You shall separately make a judgment on the contents of a Ino Labs Game and undertake all risks incurred due to the use of Ino Labs service, including risks incurred due to the dependence on correctness, completeness or practicability of Ino Labs content. Ino Labs cannot and will not bear any responsibility for any losses or damages incurred due to the above risks.
6.2 In addition to the use of Ino Labs Game Service in accordance with this Agreement, You shall not engage in any infringement of intellectual property rights related to any Ino Labs Game or Ino Labs Game Elements, or to any other conducts that may be detrimental to the legitimate rights and interests of Ino Labs or other third parties.
6.3 Except as permitted by applicable laws or approved by Ino Labs in writing, in the process of using the Ino Labs Game Service, You shall not engage in the following conduct, including, but not limited to:
(1) Delete the copyrighted information in the game or in its copy;
(2) Reverse engineer, reverse project, reverse assembly, decompile or undertake other ways to determine the software’s source code, etc.;
(3) Scan the game software, inspected it or test it to detect, find and/or search for possible BUGs or weaknesses;
(4) In the process of game software or software operation, and without legal authorization, copy, modify, add, delete, hitch operations or create any derivative works for data in any terminal, or interactive data between client side and server side in the process of software operation, and necessary system data in the software operation (the form includes, but is not limited to, the use of plugins, plug-in or third-party tool/service access software and relevant system);
(5) Modify or forge instructions and/or data in the software operation; Add, delete or change the software function or operation effect or the software and method used in the above purpose will be operated or spread to the public, no matter whether the above conducts belong to the commercial purpose;
(6) Ino Labs and Ino Labs Game Service are used through third-party software, plugins, plug-in, system not developed and authorized by Ino Labs, or the third-party software, plugins, plug-in and system not developed and authorized by Ino Labs are produced, released and spread.
(7) Using, leasing, lending, copying, modifying, linking, reprinting, assembling, releasing, publicizing, creating a mirror image website creation are implemented in the contents of intellectual property right owned by Ino Labs, relevant mirror image website of Ino Labs is established or web (network) snapshot is implemented, or starting a server and other ways are used to provide the exact same or similar services as Ino Labs for others.
(8) Any part of Ino Labs will be separated for the independent use or other uses which do not conform to this Agreement;
(9) Any part of Ino Labs will be separated for the independent use or other uses which do not conform to this Agreement;
(10) Name, trademark or other intellectual property rights of Ino Labs are used;
(11) Other conducts without the authorization of Ino Labs.
6.4 If You implement any following conduct in the process of using Ino Labs Game Service, Ino Labs will depend on severe circumstances to take corresponding measures, such as temporary or permanent banned logging, deletion of game account and game data, deletion of relevant information in accordance with the provisions of this Agreement and relevant game rules, in case of severe circumstances, You will be handed over to the relevant administrative authorities for administrative penalty, or be prosecuted for your criminal liability:
(1) Make use of the game and the service to release, transmit, spread, store the contents including insult, libel, eroticism, violence, any content causing others uneasy or violating social morality and national laws, regulations and policies.
(2) Make use of the game and the service to release, transmit, spread, and store the contents that endanger others' intellectual property right, business confidentiality, portraiture right, privacy right and other legal rights.
(3) Implement any conducts that endanger the network security, including but not limited to: use the unauthorized data or access the server/account without permission; Access the public computer network or others' terminal system without permission, and cancel, revise or increase the storage information; try to search, scan and test this "software" system or network disadvantages without permission or make other behaviors which will damage the network safety; try to intervene and damage the normal operation of this "software" system or website, propagate malicious programs or virus on purpose, and make other behaviors which will damage and intervene the normal network information service; fake name and partial name of data packet.
(4) Engage in any conducts that damage Ino Labs service's fairness or affect the normal order of the game, such as proactive or passive score cheating, partnership cheating, the use of plug-in or other cheating software, making use of BUG (also called as "Loophole" or "Defect") to obtain improper illegal interests, or making use of the Internet or other ways to expose plug-in, cheating software and BUG.
(5) Make use of Ino Labs to engage in any commercial activities, such as advertising and selling goods, or engage in any illegal conducts in violation of interests of Ino Labs, such as selling game account, selling the game virtual items or information, illegal recharging, hiring others to provide the service inside the game and pay remuneration outside the game, including “Game Recharging” and “Game Leveling” for profit, “Virtual Voucher” transaction or provide intermediary service and advertising, etc. for profit, etc. Once found, Ino Labs shall have the right to terminate this user account and shall have the right to voluntarily determine the termination deadline in accordance with influence degree caused by you, and Ino Labs shall have the right to recycle and delete all of your abnormal data.
(7) All kinds of illegal plug-in behaviors;
(8) Theft of others’ game account and game items;
(9) Privately engage in a game account transaction and other transactions, such as game props, game equipment and game currency, etc.;
Make use of the possible technical defects or loopholes in the online games to make profits for him/her and others by all kinds of ways.
(10) Make use of all kinds of charges provided in the use of Ino Labs or all or part of data information produced and stored in the process of free game to make profits for him/her and others by all kinks of ways.
(11) Promote the plug-in, private server, game leveling, coin cheating, trojan and other contents or expose the negative publicity on the Ino Labs.
(12) Make use of products and services provided by the Ino Labs to make profit in the reality and other misconducts widely recognized in the industry without the permission, no matter whether to be clearly listed in this Agreement.
6.5 Except for otherwise provided in this Agreement, without permission of Ino Labs, You shall not engage in any of the following conducts: if You are going to engage in any of the following conducts, please contact Ino Labs for the approval, and sign the electronic or paper written contract in accordance with the requirements of Ino Labs:
(1) Modify, copy, release, rent, publish, translate, assemble, adapt, and/or reprint a game or any of its derivatives, or use the Internet or other ways to make it public.
(2) Produce, make, wholesale, sell, publish and/or release this game, adapt its derivatives.
(3) Provide the game with services, such as the test, BUG and plug-in tracking summarization, advertorial compilation and promotion, competitive intelligence collection.
(4) Use the game’s name and trademark, etc.
(5) Implement other relevant game service conducts other than the above conducts and needing the developer's consent.
6.6 If the user violates this agreement or relevant regulations, then Ino Labs shall be entitled to adopt one and more of the following measures:
(1) The network connection between your current terminal and application server is immediately disconnected; You must log in again to continue using the application.
(2) You are temporarily prohibited to use the current account to log in the network game.
(3) The integral, grade and/or honor of your current account in the application are reduced or eliminated.
(4) The advertising, false information or illegal comments released by You will be deleted permanently and irrevocably, or other measures are adopted to prevent their circulation.
(5) Your illegally-obtained virtual currency, game props and/or game equipment and other game items will be deleted permanently or irrevocably, or will be returned to the other original users who have acquired their use right through the legal channels.
(6) Your illegally-obtained integral, grade and/or honor will be canceled or reset permanently and irrevocably.
(7) All game props, game equipment, game currencies, integrals, grades, honors and other data and corresponding game data of your current account will be deleted permanently and irrevocably.
(8) The login application by right of your current account will be prohibited permanently and irrevocably and all data, game currencies, props, equipment and other data of the current generated in the application will be deleted and emptied.
(9) Other measures used other than the above measures.
Ino Labs may continuously, discontinuously or alternately adopts one or more of the above measures.
Of the same user’s any accounts or roles violate this Agreement or other rules, Ino Labs shall have the right to impose sanctions to all accounts and roles owned by this user, including but not limited to the suspension, termination and deletion of all accounts owned by this user.
Membership Subscription
7.1 Certain parts of the Service are accessible exclusively through paid Subscriptions. You will be charged in advance on a recurring and periodic basis (e.g., daily, weekly, monthly, or annually) based on your chosen Subscription plan.
7.2 At the conclusion of each period, your Subscription will automatically renew under the same terms unless you decide to cancel it, or if Ino Labs cancels it.
7.3 You have the option to cancel the renewal of your Subscription either via your Account settings or by contacting Ino Labs. Please note that no refunds will be issued for fees already paid for the current Subscription period, and you will retain access to the Service until the end of your current Subscription period.
7.4 Ino Labs may, at its discretion, offer a Subscription with a Free Trial for a limited duration. You may be asked to provide billing information to sign up for the Free Trial. If you provide your billing information during Free Trial sign-up, you will not be charged by Ino Labs until the Free Trial period concludes. On the last day of the Free Trial, unless you cancel your Subscription, you will be automatically charged the relevant Subscription fees for the selected Subscription type.
If you provide your billing information during Free Trial sign-up, you will not be charged by Ino Labs until the Free Trial period concludes. On the last day of the Free Trial, unless you cancel your Subscription, you will be automatically charged the relevant Subscription fees for the selected Subscription type.
Ino Labs reserves the right, without prior notice, to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel the Free Trial offer.
Software Download and Install
8.1 In using the Ino Labs Game Service You may need to download and install the related software; You can directly obtain this software from the relevant website of Ino Labs and can also obtain it from a third party authorized by the Ino Labs. If You do not obtain Ino Labs from a third party authorized by Ino Labs or obtain the same game as the name of Ino Labs, it will be deemed that You fail to obtain an authorization from Ino Labs. In such circumstances, Ino Labs cannot guarantee the game's normal use and will not bear any liability for your losses.
8.2 Ino Labs may develop different software versions for different terminal devices or operating systems, including, but not limited to iOS, Android and other multiple application versions. You should select and download the appropriate version for installation in accordance with the actual situation. You need to follow the correct installation protocol according to the identified steps after the downloading and installation procedure.
8.3 If You do not need to use the software or need to install a new version, You can uninstall it by yourself. If You are willing to help Ino Labs to improve the product service, please inform the reason for the uninstall.
8.4 In order to guarantee the security of Ino Labs service and the consistency of function, Ino Labs shall be entitled to update the software, or change or limit part of functional effect of the software without special notice to you.
8.5 The old version of software may not be available after the new version of software is released, Ino Labs will not guarantee that the old software version and/or corresponding customer service can be continuously used. Please check and download the latest version at any time.
Appendix
1.Intellectual Property Policy
1.1 The Software is developed by Inovantage independently. You acknowledge and agree that Inovantage retains all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interfaces, frameworks, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People's Republic of China and relevant international agreements and other intellectual property laws and regulations.
1.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of Inovantage (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). Inovantage reserves the right to charge the tort liabilities.
1.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. Inovantage reserves the right to charge the tort liabilities, unless you have been granted by Inovantage , in writing.
2.Scope of License
2.1 Inovantage gives you non-exclusive, non-assignable license to download, install and use the Software. In no way can the users use it for commercial purpose.
2.2 You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the Software and the Service provided to any other users.
2.3 You promise not to copy, grant a sub-license, share or sell the Software or the Service. You are fully responsible for any fees created by or rising from own factors. Inovantage does not assume any liability.
2.4 Rights reserved. Inovantage reserves all rights not expressly granted to you. You are required to obtain additional consent to use other software owned by Inovantage.
3.Notice to End Users
3.1 You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under national laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to the Software and any third-parties) of any such breach. You have no right to conduct following behaviors (including but not limited to):
3.1.1 Delete copyright information, content on the Software or other copies;
3.1.2 Reverse engineer, decompile or extract the source code of the Software;
3.1.3 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 Software system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package
3.1.4 Sell, rent, loan, deliver, transfer or sub-license the Software and the Service, or related links, or benefit from using the Software and the Service, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain;
3.1.5 Use the Software and the Service provided by Inovantage in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement; Inovantage reserves the right to terminate, fully or partially suspend, limit functional features of user's account, without prior notice, if the user has breached the terms of this Agreement. 3.2 Inovantage does not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of the Software.
4. Advice Service
4.1 Advice Service is a service provides a platform for advice-seekers and independent, professional psychic advisors (“Advisor(s)”) to interact and communicate each other through live chat, live call or recorded video. It allows you to search for, engage and submit questions to Advisors who provide personalized advice (“Advice Service”).
4.2 Advisors are not our employees, consultants, agents or representatives. Advisors use the Advice Service to provide you with personalized readings and psychic advice for entertainment purposes and any consultation with any Advisor or any information provided by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not guarantee the verification of qualifications, certifications, credentials, competence or background of any Advisor. Your relationship relating to the Advice Service is strictly and solely with the Advisor. We do not endorse, recommend, evaluate, warrant or guarantee any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor. The provision by the Advisor of any Advice Service, irrespective of its form, does not entail any approval by Inovantage . Advisors are not permitted to request your personal contact information, real name/ nickname, email address, date of birth, gender address, credit card, paypal account or other payment information, or other sensitive information of a similar nature. We do not guarantee the accuracy of any advice exchanged.
4.3Inovantage IS A SOFTWARE DEVELOPMENT COMPANY THAT BUILT THE SOFTWARE TO CONNECT ADVISORS AND ADVICE-SEEKERS - IT DOES NOT DIRECTLY OFFER OR SELL ANY ADVICE OR SERVICE. The advisor is completely responsible and liable for his/her own actions, videos, audio, chat, dialogue, recorded videos, advices and all decisions related to the provision of the Advice Service hereto.
4.4 WE PROHIBIT DISCLOSURE OF PERSONAL CONTACT INFORMATION TO OTHER USERS, INCLUDING USERS AND ADVISORS. THIS INCLUDES, BUT IS NOT LIMITED TO, PHONE NUMBERS, ADDRESSES, AND E-MAIL ADDRESSES. IF YOU PROVIDE CONTACT INFORMATION TO ANOTHER USER OR ADVISOR, YOU DO SO AT YOUR OWN RISK AND YOUR ACCOUNT MAY BE SUBJECT TO TERMINATION.
5. Paid Services
5.1 Some of the Service (such as the Advice Service) provided by the Software will need to place an order and be paid for use(“Paid Services”), but we may offer a free trial period for use,. You may choose our monthly package and/or annual package for the Paid Services. Some of the Paid Services such as Advice Service, you may only need to place an order when you want to communicate with an Advisor. Once the fees are duly paid in full, you will acquire the Paid Services. In the future, the Software may comprise further Paid Services.
5.2 If you 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 Software as may be required to use the further Paid Services.
5.3 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.
5.4 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.
6. Content
6.1 If you create, post, displays, submit or choose to make available any content (the “Content”) such as comments, questions and other content or information to the Software, or allow any third party to create or submit Content to the Software, you are solely responsible for the Content and any loss or damage resulting from the Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, location data, or binary data.
6.2 By sharing and posting any Content through the Software and Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, produce, modify, publish, edit, translate, distribute, publicly display and make derivative works of all such Content, in whole or in part and in any form, whether now known or hereafter developed, for use in connection with the Software and Services and for our commercial, marketing, advertising, and other purposes. We have the right in our sole discretion to remove any Content that is shared via the Software and Service.
6.3 You represent and warrant that the Content you post or submit on the Software and our use thereof as contemplated by this Agreement will not violate any law or infringe any rights of any third party, including without limitation to copyright, patent, trademark, trade secret rights or rights of privacy, of any third party. We take no responsibility and assume no liability for any Content that you or any other user or third party posts or sends over the Software. You shall be solely responsible for your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of such Content.
6.4 You agree that the Content is not pornographic content, does not contain threats or incites violence against individuals or entities, does not contain any information that is illegal, in violation of any agreement executed with us, or that you know is not correct.
6.5 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether Content complies with this Agreement. We may terminate your right to use the Software if Content is in violation of this Agreement, at any time, without prior notice and at our sole discretion.
7. Use by Juveniles
The Software does not directly target any juvenile users. If you are a juvenile user and decide to use the Software any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the Software 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 terms of this Agreement and other related legal documents in order to guide you to use the Software in a correct way.
8. Privacy Policy
Use of the Software is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read the policy carefully and use it to make informed decisions.
9. Limitations of Liabilities and Disclaimer
9.1 You acknowledge and agree that the Software and the Service may have potential risks like service interruption, failure to respond to users' requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall Inovantage be liable for any risks stated above.
9.2 Inovantage is not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
9.3 In view of business development and adjustment, Inovantage reserves the right to amend or terminate services without prior notice to users at any time, and Inovantage is not liable for users and any other third-parties when executing this right.
9.4 The Software which is not officially released or authorized by Inovantage and the derivative works of the Software are illegal. User's downloading, installation, and user this software may lead to unexpected risk. Inovantage is not liable for any legal liabilities, issues arising from it.
9.5 You agree to the most extent under applicable law, Inovantage owns other disclaimer rights not listed in this Agreement.
10. Termination
10.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
10.2 Unless Inovantage unilaterally terminates this Agreement or you terminate this Agreement as above, this Agreement and the terms (including the updated agreement following) will remain effective.
10.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. Inovantage and any other third-parties have on need to send your additional notice.
10.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
11. Others
11.1 You agree that if does not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of Inovantage Digital's rights and Inovantage has the right to continuously exercise or enforce the right or regulation.
11.2 Without written authorization from other sides, a user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
11.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
11.4 Inovantage reserves the final interpretation right on this Agreement.