The Terms of Service (the “Terms” or “Agreement”) are a legally binding agreement between our company and its Affiliates (collectively, “Tapcolor Studio”, “we” or “us” or “our”) and you with respect to your use of or access to Tapcolor Studio’ mobile or web applications, games, websites, and/or any other services owned, operated and published by Tapcolor Studio (collectively, the “Services”). Affiliates shall mean subsidiaries, parent companies, joint ventures and other organizations or entities under common ownership with our company.
PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. BY INSTALLING, USING OR OTHERWISE ACCESSING ANY SERVICE, YOU AGREE TO AND ACCEPT THESE TERMS AND ACKNOWLEDGE THAT YOU READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT SUCH SERVICE IMMEDIATELY AND DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
Change To The Terms And Services
Right To Use The Services
Tapcolor Studio expressly reserves the right to deny anyone access to the Services at any time for any reason with or without notice. You agree that Tapcolor Studio may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability.
YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE SERVICES. Additionally, if you are using or accessing the Services from a jurisdiction that requires a person to be older in order to participate legally in the Services, then you represent and undertake that you are of such legal age. Tapcolor Studio reserves the right to request proof of age at any stage to verify that persons not of legal age are not using or accessing the Services. If you access the Services from a Social Networking Site (“SNS”), such as Facebook or Google+, then you acknowledge that you have also complied with, and will continue to remain in compliance with, the terms of service/use of such SNS as well as the Terms for the duration of your use of the Services.
As to users of some specific games that may be subject to requirements of applicable laws or regulations, you hereby explicitly consent that we may verify your personal details (including but not limited to your name, your physical address where you reside, your date of birth and identification number, your nationality, and your passport number) and that we may use location-based tracking to detect your geographic location, for the purpose of confirming the legality of your use of or access to the Services. We may request notarized document copies, meaning the documents must be stamped and attested to by a Notary Public. In the event our request for information and/or documents is not completed by you to our satisfaction, then we will be entitled to terminate your account and use of the Services and withhold any funds that are present therein without any liability.
As to users of some specific games that may be subject to requirements of applicable laws or regulations, you hereby explicitly consent to Tapcolor Studio performing background checks on you for any reason, including but not limited to, any investigation into your identity, credit checks performed on you, or your personal history. Tapcolor Studio shall be under no obligation to advise you of such an investigation taking place. Such activities may include the use of specific third party companies who perform the investigations as required. Tapcolor Studio may decide, in its sole discretion, to block your account and withhold all funds on the basis of such an investigation.
You represent that you are of legal age in the jurisdiction where you reside or from where you are accessing or using the Services, that you are of sound mind and capable of taking responsibility for your own actions. You represent that all details provided by you to Tapcolor Studio at any time are true, current, correct, complete, and not misleading. You agree to use the Tapcolor Studio site and Services in good faith for entertainment purposes and in complete accordance with these Terms, as each may be amended from time to time, and shall abide by all rules and instructions for playing the games and other entertainment that comprise the Services.
You shall not use the Services if you are barred from using or accessing them under any and all applicable laws and regulations, including but not limited to the United States of America, the European Union, Hong Kong, Singapore, and the jurisdiction in which you are resident or from where you use or access the Services. You agree that your use of or access to the Services complies with all applicable laws, regulations and ordinances including, but not limited to, the export laws of Cayman Islands relating to software and data. If the Services or any part thereof are determined to be illegal under the laws of the jurisdiction in which you are resident or from where you use or access the Services, you shall not be granted any license to use the Services and must refrain from using the Services.
Account With Tapcolor Studio
You may be required to register and establish an account in order to use the Services. You agree to provide accurate and complete registration information, and you will be responsible for keeping your password confidential.
Your account is unique to you, and you may neither transfer (or otherwise make available) your account to others, nor use anyone else’s account at any time. If you distribute your account or related information, Tapcolor Studio reserves all rights to terminate your account immediately and without refund.
You shall not create an account using a false identity or information, or on behalf of someone other than yourself.
You are responsible for maintaining the confidentiality of your account information (including usernames, passwords and billing information). Tapcolor Studio is not liable for any loss that you may incur as a result of someone else using your account, whether or not that activity is authorized by you.
You are liable for any losses or damages incurred by Tapcolor Studio or any third party as a result of someone else using your account. In the event of theft, unauthorized use, or any other breach of security on your account, you must notify Tapcolor Studio in writing immediately.
You are responsible for any and all activities that occur under or in connection with your account created in order for you to use the Services.
All materials that are part of the Services (including, but not limited to, games, applications, code, themes, maps, character, stories, concept, animation, artwork, effect, methods of operation, transcript, designs, text, graphics, pictures, video, information, applications, software, music, brand, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Services are copyrighted under the Hong Kong copyright laws and/or similar laws of other jurisdictions.
You agree that no materials that are part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Tapcolor Studio’ express prior written permission, except that the foregoing does not apply to your own User Content (as defined below). All other uses of copyrighted material, including any derivative use, require express prior written permission from Tapcolor Studio. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
Tapcolor Studio and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Tapcolor Studio. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any materials posted on the Services by Tapcolor Studio, or any derivative works thereof.
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Tapcolor Studio game client, and the Tapcolor Studio game clients and server software) are owned by Tapcolor Studio. Tapcolor Studio reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Tapcolor Studio OR ITS ASSIGNEES.
Any communications, comments, chats, sounds and images, and all the material, data, text, graphics, photographs and their selection and arrangement uploaded to the Services (“User Content”) are subject, whether in whole or in part, to unlimited commercial, worldwide, non-commercial and/or promotional use by Tapcolor Studio.
You hereby grant Tapcolor Studio and its affiliates a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use or disclosure of the User Content you may submit.
Any text, graphics, and photographs and other User Content uploaded by you shall be your sole responsibility. Thus, users are solely responsible, and Tapcolor Studio is not responsible, for any User Content users upload, post, share, or otherwise make available. Tapcolor Studio may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content on any of the Services. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Tapcolor Studio will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. Tapcolor Studio reserves the right to remove and permanently delete any User Content from the Services with or without notice for any reason.
You agree that you are willingly publishing the User Content on the Services using technology and tools provided by Tapcolor Studio. You understand and agree that you may not distribute, sell, transfer or license your User Content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of Tapcolor Studio. You grant Tapcolor Studio the right to act as an agent for User Content on your behalf as operator of the Services.
Tapcolor Studio reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Tapcolor Studio chooses, in its sole discretion, to monitor the Services, Tapcolor Studio nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. If Tapcolor Studio, in its sole discretion and within its rights under this Agreement, selects User Content to edit or delete, Tapcolor Studio nonetheless assumes no responsibility or obligation to remove or modify any other inappropriate User Content. Tapcolor Studio has the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Service and/or Tapcolor Studio’ games. Tapcolor Studio reserves the right, but has no obligation, to become involved in any way with disputes between users. You will fully cooperate with Tapcolor Studio to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Tapcolor Studio access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Services may include an opportunity to earn and purchase virtual, in-game currency, including but not limited to virtual coins, points and credits (collectively, “Virtual Currency”) that may require you to pay a fee using lawful currency or “real money” to obtain the Virtual Currency. The Services may also include virtual, in-game digital items (collectively, “Virtual Goods”) that may be purchased from Tapcolor Studio with “real money” or with Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for lawful currency, goods, or any other item of monetary value from Tapcolor Studio or any other party. You acknowledge and agree that Virtual Goods or Virtual Currency are licensed to you for your use through the Services and are subject to applicable laws and rules, the Terms, and limitations and terms set out in each game.
Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, or transferable. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside of the Services. These transfers are strictly prohibited, and we shall not be liable for any claims or damages suffered by the users with respect to Virtual Currency or Virtual Goods purchased or obtained from any third party. Doing so is a violation of the Terms and may result in termination of your account with the Services and/or legal action taken against you.
Tapcolor Studio retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods and services are subject to change without notice.
YOU ACKNOWLEDGE AND AGREE THAT Tapcolor Studio IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, IN THE EVENT OF A REFUND AS REQUIRED BY APPLICABLE LAWS, THE TERMS AND CONDITIONS OF THIRD-PARTY PAYMENT PROCESSOR WILL APPLY AND ANY RELATED FEES SHALL BE BORNE BY YOU; AND THAT YOU WILL NOT RECEIVE LAWFUL CURRENCY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY AND VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Updates to the Service
You understand that each Service is an evolving one. Tapcolor Studio may require that you accept updates to the Services and to Tapcolor Studio’ games that you may have installed on your device or computer. You acknowledge and agree that Tapcolor Studio may update the Services and Tapcolor Studio’ games, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play Tapcolor Studio’ games.
Rules of Conduct/Usage
The Services may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other users of the Services. Tapcolor Studio has no obligation to monitor these Communication Channels, but Tapcolor Studio may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion. Tapcolor Studio may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Tapcolor Studio, and these communications shall not be considered reviewed or approved by Tapcolor Studio. Tapcolor Studio will not under any circumstance be liable for any activity within Communication Channels.
You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Tapcolor Studio is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
You agree that your use of the Services shall be lawful at all times and that you will fully comply with the usage rules in all respects. In furtherance of the foregoing, and for illustrative purposes only and not as a limitation, you agree not to use the Services in order to:
The following objectionable content and behaviors shall be prohibited while you use our services:
(i) any content that sexualizes minors including but not limited to promoting pedophilia or inappropriate interaction targeted at a minor (e.g. groping or caressing).
(ii) any content that contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying.
(iii) any hate speech that promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.
(iv) any content related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks.
(v) any content that lack reasonable sensitivity towards or capitalize on a natural disaster, atrocity, conflict, death, or other tragic event unless that content has EDSA (Educational, Documentary, Scientific, or Artistic) value or intends to alert users to or raise awareness for the sensitive event.
(vi) any content that contain or facilitate threats, harassment, or bullying.
WITHOUT LIMITING ANY OTHER REMEDIES AVAILABLE TO IT, Tapcolor Studio RESERVES THE RIGHT TO IMMEDIATELY LIMIT, SUSPEND, TERMINATE, MODIFY, BLOCK OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Tapcolor Studio SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU MAY LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND Tapcolor Studio IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. Tapcolor Studio SHALL BE ENTITLED TO INFORM RELEVANT AUTHORITIES, OTHER ONLINE SERVICE PROVIDERS AND BANKS, FINANCIAL INSTITUTIONS OR OTHER INTERESTED THIRD PARTIES OF YOUR IDENTITY AND OF ANY SUSPECTED UNLAWFUL, FRAUDULENT OR IMPROPER ACTIVITY.
WITHOUT LIMITING OUR OTHER REMEDIES AVAILABLE, Tapcolor Studio RESERVES THE RIGHT TO IMMEDIATELY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF Tapcolor Studio BELIEVES THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, Tapcolor Studio MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND, BLOCK OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Tapcolor Studio RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Privacy and Protection of Personal Information
Some parts of the Service can be accessed by you on a Subscription basis (“Subscription(s)”) for purpose to offer you dynamic content or Services on an ongoing basis. Subscriptions may be available at different fees rates for different set of periods specified in the Application (“Subscription Period”). Payment will be charged to your Application Store Account at confirmation of purchase in accordance with the relevant Application Store rules.
Upon your Subscription, it will be automatically renewed unless auto-renew is turned off or cancelled by you at least 24-hours before the end of the Subscription Period. Your Application Store Account will be charged for renewal within 24 hours prior to the end of the Subscription Period in accordance with the relevant Application Store rules. Subscriptions may be managed by you according to your Application Store account Settings after your purchase. No cancellation of the active Subscription is allowed during active Subscription Period.
Trial period may be provided with respect to certain Subscription. You may cancel a Subscription during its free trial period (if available) via the Subscription setting through your Application Store Account. This must be done 24 hours before the end of the Subscription Period to avoid being charged.
Disclaimer of Warranty
YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICES SHALL BE AT YOUR SOLE RISK, AND THAT Tapcolor Studio PROVIDES THE SERVICES ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Tapcolor Studio, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS OF THE SERVICES, OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICES LIES WITH YOU.
Tapcolor Studio makes no warranties or representations about the accuracy of any information, reliability of the materials, the full functionality of the Services or as to results or completeness of the content of the Services or of the content of any sites linked to the Services. Tapcolor Studio makes no warranty that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the server that makes the Services available are free of viruses or bugs, or that the systems or networks will be backed up. Tapcolor Studio assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any illegitimate or unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
Tapcolor Studio shall not be liable for any acts or omissions made by your internet service provider or other third party with whom you have contracted to gain access to the serve that hosts the Tapcolor Studio sites.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT:
YOU ARE FREE TO CHOOSE WHETHER TO USE THE SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION, AND RISK.
Tapcolor Studio DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR ALL LOCATIONS, OR THAT Tapcolor Studio WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Tapcolor Studio IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER Tapcolor Studio NOR ANY THIRD PARTY SERVICE PROVIDER OR THIRD PARTY LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY THIRD PARTY’S USE OF THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION, ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES, USE OF ANY LINK CONTAINED ON THE SITE OR OTHERWISE VIA THE SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY JURISDICTION.
IN NO EVENT SHALL Tapcolor Studio OR ANY THIRD PARTY SERVICE PROVIDER OR THIRD PARTY LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER PECUNIARY OR CONSEQUENTIAL LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT OR OTHERWISE, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Tapcolor Studio SHALL NOT BE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Tapcolor Studio LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES, AND THAT THE RISK OF THE SERVICES AND THE THIRD PARTY WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, INCLUDING DAMAGE OR LOSS OF ANY KIND.
UNDER NO CIRCUMSTANCES WILL Tapcolor Studio BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Tapcolor Studio IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM.
Indemnification by You
You agree to defend, fully indemnify and hold Tapcolor Studio, third party service providers and licensors, and their respective officers, directors, agents, and employees (the “Indemnified Parties”) harmless from and against any and all claim, liability, loss, injury, damage, cost, or expense, or any other charges whatsoever, however caused, including attorneys’ fees and costs, incurred by any Indemnified Party, arising out of or resulting from your access or use of the Services including, but not limited to, your breach or alleged breach of any term, condition, obligation, representation or warranty contained in these Terms; any violation by you of any law or the rights of any third party; any User Content posted, transmitted or provided by you or on your behalf; any use by you of the Services or use by any other person accessing the Services using your user identification, whether or not with your authorization; your violation of any third party’s intellectual property or other legal rights; or the illegal or improper use of your user account.
Limitations Period for Claims
You acknowledge and agree that the rights granted to you and your obligations to Tapcolor Studio under these Terms are unique and irreplaceable in nature, and the loss of which will irreparably harm Tapcolor Studio and cannot be compensated by monetary damages alone. You agree that, notwithstanding any other provision herein, Tapcolor Studio shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to monetary damages only.
Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Tapcolor Studio shall be deemed a modification of these Terms nor deemed legally binding, unless documented in physical writing, hand signed by you and a duly appointed representative of Tapcolor Studio.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
If a Dispute arises between you and Tapcolor Studio, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at https://www.Tapcolor Studio.com/contact-us/ or by sending a letter to our customer e-mail: firstname.lastname@example.org.
Any Dispute between you and Tapcolor Studio that arises in whole or in part from your use of or access to the Services shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong.
YOU ACKNOWLEDGE AND AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR Tapcolor Studio WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
Tapcolor Studio shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Tapcolor Studio, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Tapcolor Studio’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Tapcolor Studio.
Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of your account.
By using the Services, you agree to comply in full with all applicable tax laws, and hereby release Tapcolor Studio from any and all liability associated with your compliance with any applicable tax laws.
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.