Published and Updated Date: [2] [14],[2022]
Effective Date: [2] [14],[2022]
Terms of Service
The following terms and conditions (hereinafter referred to as this "Agreement") constitute a valid, legally binding agreement made between you and Shanghai Linguan Data Technology Co., Ltd., which is a company incorporated under the laws of the People’s Republic of China,with its registerrd office at Room 1102, No. 1256, 1258 Wanrong Road, Jing'an District, Shanghai,P.R.China. (hereinafter referred to as “Linguan”, “we”, “our” or “us”). This Agreement stipulates your legal rights and responsibilities when you use QuizGo (a mobile application provided by Linguan, hereinafter referred as “Our Service”). By clicking the "I Agree" button (or any other similar button) below this Agreement, or by using Our Service, you shall be deemed as having fully understood and accepted the terms contained herein. If you do not agree to the terms of this Agreement, you may not use Our Service.
1. Your Account
1.1 You may need to create an account in order to use Our Service.
1.2 You must meet the following criteria to create an account:
(a) You have attained the legal age of majority so that you may enter into a legally binding agreement with us;
(b) You are not otherwise forbidden to use the Our Service in accordance with applicable laws;
(c) You possess full legal capacity to conclude, understand, and perform this Agreement with us and are able to assume the legal liability for any and all breaches thereof.
1.3 You may not share your account and password in any way or with anyone. You are responsible for maintaining the confidentiality of your account and password and for any activity in connection with your account.
1.4 You may not use your account for any other purposes except for those specified under this Agreement.
1.5 You shall be fully responsible for all actions under your account, and any information uploaded, produced, shared or any actions taken through your account shall be considered as your own actions.
2.1 Permission to Use
Subject to the terms and conditions of this Agreement, we grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use Our Service.
2.2 Limitation on Use
You are prohibited from and may not attempt to use Our Service for any illegal purpose or in violation of any local, state, national, or international law.
You may not: (a) reproduce, distribute, publicly display, or publicly perform Our Service; (b) make modifications to Our Service; or (c) interfere with or circumvent any feature of Our Service, including any security or access control mechanism.
You may not subcontract any of your obligations under this Agreement, or subcontract, transfer, assign, or sub-license any of your rights under this Agreement.
2.3 Representations and Warranties
You hereby represent, warrant, and undertake to us that:
(a) you possess any and all necessary rights and authorizations to enter into this Agreement, and that the conclusion and performance of this Agreement does not violate any agreement signed by and between you and a third party, or infringe upon any third-party rights, nor violate any applicable laws and regulations.
(b) your use of Our Service will not: (i) violate any applicable laws, regulations, policies, common industry practices, or pertinent provisions, guidelines or common practices in the relevant jurisdictions; and (ii) infringe upon ours or any third party's legal rights (including but not limited to the right of privacy, intellectual property rights, right of reputation, right of portrait, and trade secrets).
If you breach any of the representations, warranties, covenants, or undertakings in this Agreement, we may, (upon its reasonable judgment at its sole discretion, and without prejudice to any other of its rights or remedies in this Agreement or those provided by law) do any or all of the following: (i) stop providing relevant services to you; (ii) suspend the performance of its obligations under this Agreement, and/or (iii) suspend or terminate this Agreement. You shall be liable for any and all losses incurred therefrom upon you.
2.4 Subscriptions and Purchases
(a) From time to time, certain products or services within Our Service may be subject to payment (including for the provision of Our Service or provision of certain additional features within Our Service). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us for such products or services. You agree that you are solely responsible for all fees and taxes associated with any such payments. and that pricing and availability of Items and products are subject to change at any time.
(b) If such products or services are subject to automatic, recurring or subscription-based charges, then you agree that (subject to applicable laws and regulations):
⟡ such purchases or payments are generally made by you on an advance basis. Unless the purchase was on a subscription basis, we will notify you prior to any automatic renewals;you authorise us to: (i) save your chosen payment method's information (e.g. credit card information) on our systems; and (ii) bill your chosen payment method for the relevant time-periods as chosen by or notified to you;
⟡ if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason: (i) we may not provide you with, or suspend our provision of, the relevant product or service until payment is properly processed; and (ii) you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts); and
⟡ we will provide you with further instructions within QuizGo regarding how you may update or cancel the relevant payment method.
(c) We may change any fees that we charge for QuizGo (or any parts of QuizGo) at any time upon publication within QuizGo. If you do not accept such change to the fees, we may be unable to provide QuizGo (or the relevant part of QuizGo) to you.
(d) If you believe that we have charged you in error, and subject to applicable laws and regulations, you must contact us within 30 days of the date of the relevant charge.
3.Your Content
Certain features of QuizGo you use may need you to upload content, including photos, images, text, and other types of works (“Your Content”). You retain any copyright and other proprietary rights that you may hold in Your Content that you upload.You shall be lawful owners of and/or lawfully entitled to use Your Content so that you have the right to use Our Service to process Your Content.
4.Intellectual Property Rights
4.1 We are the lawful owners of and/or lawfully entitled to use any and all the intellectual property rights (including but not limited to trademarks, copyrights and patents) to our brand and our Software (collectively, "Our Content"). You may use Our Content and/or our intellectual properties, only if you have obtained prior express written consent from us. Without prior express written consent from us, you may not, and shall not assist any third party to: (a) use, reproduce, publish, release, copy, modify, forward, translate, spread, or distribute any Our Content or any part thereof; or (b) lease, lend, sell, sub-license, transfer, or otherwise dispose of any Our Content or any part thereof, or any of your rights relating to Our Content.
4.2 You may not, and shall not assist or encourage any third party to, reproduce, reverse engineer, decompile, disassemble, or create any derivative works from our Software, unless otherwise expressly approved by usin writing.
4.3 This Agreement does not transfer any intellectual property rights nor give either Party the rights in the intellectual property of the other Party unless otherwise stated in written.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LINGUAN, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF OUR SERVICE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE COMPANY OR ANY OTHER PARTY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS OUR ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
6. DISCLAIMER
6.1 WE DO NOT PROVIDE ANY EXPLICIT OR IMPLICIT REPRESENTATIONS OR WARRANTIES IN RESPECT OF OUR SERVICE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT OUR SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND IS SUBJECT TO CHANGE WITHOUT NOTICE, AND YOU SHALL ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE CONTENT AND/OR INFORMATION DOWNLOADED, OBTAINED, OR ACCESSED VIA OUR SERVICE, AS WELL AS THE RISKS OF DEVICE/DATA DAMAGE AND CONTENT LOSS DUE TO THE USE OF OUR SERVICE OR ANY THIRD-PARTY SERVICES.
7.Privacy and Data Collection
In order to provide you with more robust services, we will collect and process your personal, device, and network information in accordance with the Privacy Policy . Please read the Privacy Policy carefully.
8. Force Majeure
Neither Party shall be deemed to be in breach of this Agreement upon the occurrence of a Force Majeure Event which affects its ability to perform any of this Agreement.
Notwithstanding this, the affected Party shall notify the other Party of the Force Majeure Event without undue delay and use its best commercial efforts to mitigate and remedy the negative effects thereof. For the purposes of this Agreement, a "Force Majeure Event" means (1) acts of God, lightning strikes, earthquakes, floods, droughts, storms, blizzards, snowstorms, mudslides, water erosion, explosions, fires, epidemics and other natural disasters; (2) act of government, act of war, act of public enemy, terrorist activities, riots, commotions, and strikes, excluding labor disputes.
9.Termination
9.1 This Agreement will apply to your use of Our Service until your access to Our Service is terminated by either you or us.
9.2 You may terminate your use of Our Service at any time (including if we have told you about an upcoming change to all or part of Our Service or this Agreement which you do not agree to).
9.3 We may suspend or terminate your access to your account or any or all of this Agreement:
(a) if we undertake maintenance or support of this Agreement;
(b) to make changes to Our Service as notified by us to you;
(c) if we reasonably believe that you have breached these Terms;
(d) if your use of Our Service creates risk for us or for other users of Our Service, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
(e) if you fail to use Our Service for a prolonged period;
(f) if such suspension or termination is required due to applicable laws; or
(g) to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion,and where reasonably practicable, we will give you advance notice of any suspension or termination.
If we suspend your access to any or all of Our Service then, to the extent permitted by applicable laws and regulations in your jurisdiction, you remain responsible for all fees accrued through the date of suspension (if any,including where the fees were incurred before suspension date but performance of the relevant obligations were after the suspension date).
9.4 If your access to Our Service is terminated (in whole or in part) by you or us, you agree that:
(a) all of your rights under this Agreement will terminate;
(b) you remain responsible for all fees accrued through the date of termination (if any, including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date).
10. Changes to This Agreement
10.1 We may make changes to this Agreement (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to Our Service or applicable laws and regulations (for example, to reflect applicable consumer rights)), so please come back and review this Agreement regularly.
10.2 Where we consider that such changes are material, we will (where reasonably practicable) notify you (on this page or the relevant page for the relevant additional terms, by direct communication to you, or other means), prior to such changes becoming effective. By continuing to use Our Service after we make any changes to this Agreement, you are agreeing to be bound by the revised Agreement.
11. Governing Law and Dispute Resolution
11.1 You agree that the establishment, jurisdiction, and interpretation of this Agreement shall be governed by the laws of the People’s Republic of China without regard to its conflict of law provisions.
11.2 Any and all disputes, compensation claims, and causes of action arising out of or in relation to performing this Agreement or receiving Our Service under this Agreement shall be submitted to the court in Jing'an District, Shanghai, P.R.China.
12. Miscellaneous
12.1 This Agreement constitutes the entire legal agreement between you and us and governs your use of Our Service and completely supersedes any prior agreements between you and us in relation to Our Service.
12.2 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 this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid, legally binding and enforceable upon you and us to the maximum extent permitted by applicable laws.
12.3 Unless stated otherwise in this Agreement, neither Party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
12.4 The titles in this Agreement are for the sake of convenience only, and do not have any legal and agreement effect.
13. Contact Us
If you have any questions or concerns about this Agreement or if you want to exercise your rights, please contact us via email at support@camscanner.comor via customer service phone: 02126022790 .