PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY TAKING ANY STEP TO DOWNLOAD, SET-UP, INSTALL OR USE ALL OR ANY PORTION OF SMARTRAY STUDIO PRODUCTS, A FREE MOBILE COMMUNICATION AND SOCIAL NETWORKING APPLICATION (INCLUDING BUT NOT LIMITED TO THE SOFTWARE, FILES AND DOCUMENTATION (“SOFTWARE”)) OR USING SMARTRAY STUDIO PRODUCTS' SERVICES IN CONNECTION WITH THE SOFTWARE, INCLUDING BUT NOT LIMITED TO: (I) ACCESS TO RESOURCES; AND/OR (II) ACCESSING PERSONALIZED CONTENTS THROUGH SMARTRAY STUDIO PRODUCTS NETWORK AND/OR OTHER NETWORKS OPERATED BY SMARTRAY STUDIO PRODUCTS ("SERVICES"), YOU AND YOUR COMPANY (EACH AND COLLECTIVELY REFERRED TO AS THE “LICENSEE”) ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA. IF YOU ACQUIRE THE SOFTWARE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA. IF THE LICENSEE DOES NOT AGREE TO THIS EULA, THE LICENSEE MAY NOT USE THE SOFTWARE AND MUST IMMEDIATELY REMOVE THE SOFTWARE FROM THE LICENSEE'S MOBILE DEVICE, MOBILE COMMUNICATION TERMINAL OR COMPUTER.
UPDATES TO THIS EULA
This EULA may be updated by SMARTRAY STUDIO incorporated in Australia (“us” or “we” or “our” or “SMARTRAY”), from time to time. Once this EULA is updated or amended, we will release the updated terms of the EULA in the Software. By virtue of entering into this EULA and the Licensee's continued use of the Software or Service, the Licensee agrees and accepts that once the updated terms of the EULA are released, the updated terms will effectively replace the original and previous terms of the EULA. The Licensee may login to the Software or website to review the latest version of the terms of this EULA at any time. Should the Licensee not agree to the updated version of the EULA, the Licensee shall discontinue usage of the Software and Services and immediately remove the Software from the Licensee’s mobile device or mobile communication terminal or computer.
1.OWNERSHIP OF THE SOFTWARE
The Software was developed and is owned by us (except that items sold (by way of license) via or for use on SMARTRAY STUDIO PRODUCTS may be either or both developed and owned by third party sellers). All the ownership rights, title and interest of intellectual property rights in the Software (including but not limited to any code, image, data, text and add-in programs contained in the Software and in any and all future updates, modifications, revisions and/or derivative works of the Software), and attached supporting documentation belong to us or the relevant third party seller and may not be used, reproduced, altered, distributed, exploited or otherwise dealt with by the Licensee without written authorization from us, unless the said usage, reproduction, alteration, distribution, exploitation and dealing is expressly provided for in this EULA.
2.1 Subject to the terms of this EULA, we grant to the Licensee a personal, non-exclusive, non-transferable, limited license to install and use one (1) copy of the Software on one (1) mobile device or mobile communication terminal, internally for personal, non-commercial purposes as described in the documentation of the Software, which is available on our web page. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or “Read Me” file. The Licensee agrees that we are not responsible for examining or evaluating the content or accuracy of third party materials and we do not warrant and will not have any liability or responsibility for any third party materials, or for any other materials, products, or services of third parties. The Licensee agrees that the Licensee will not use any third party materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by the Licensee. Except as expressly stated herein, this EULA does not grant the Licensee any intellectual property rights in the Software and all rights not expressly granted are reserved by us or the relevant third party sellers.
2.2 The Licensee acknowledges that the Software is merely licensed (not sold) to the Licensee.
2.3 This EULA is valid for an indefinite period from the date on which the Licensee accepts this EULA until termination pursuant to this EULA.
3.1 The Licensee may use the Software and enjoy various Services provided by us and/or its Affiliates (as defined in Clause 9.2) by registering a SMARTRAY STUDIO PRODUCTS account ("SMARTRAY STUDIO PRODUCTS account"). The SMARTRAY STUDIO PRODUCTS account is our property. After completing the registration application for a SMARTRAY STUDIO PRODUCTS account, the Licensee then has the right to use the SMARTRAY STUDIO PRODUCTS account. The SMARTRAY STUDIO PRODUCTS account can only be used by the initial registrant and the Licensee shall not sell, assign, sub-license, disclose, or otherwise transfer the SMARTRAY STUDIO PRODUCTS account.
3.2 The Licensee has the right to change and/or delete the Licensee's personal information, registration information and content submitted to the SMARTRAY STUDIO PRODUCTS account. The Licensee hereby acknowledges that deleted information will not be recovered and the Licensee should bear the risk associated with such action.
3.3 The Licensee shall be responsible for the safekeeping of the SMARTRAY STUDIO PRODUCTS account and the password, and be fully and legally responsible for all activities performed through the use of the SMARTRAY STUDIO PRODUCTS account and the password. The Licensee is not permitted to use the accounts or passwords of other Licensees under any circumstances. If the Licensee suspects his or her account is being used by others without permission, the Licensee hereby agrees to immediately notify us.
3.4 If a Licensee has not logged in to his/her SMARTRAY STUDIO PRODUCTS account for more than 90 consecutive calendar days, we reserve the right to terminate his/her SMARTRAY STUDIO PRODUCTS account. The Licensee shall bear all responsibilities for the issues caused due to the termination of account including loss of the Licensee account information (including any account usage history).
Except as expressly stated in this EULA, without our prior written consent, the Licensee may not:
(i)reproduce the Software in whole or in part;
(ii)sell, assign, sub-license, disclose, or otherwise transfer or make available the Software in whole or in part to any third party;
(iii)use the Software other than for personal and non-commercial use;
(iv)use the Software to provide services to third parties;
(v)sell, distribute, transfer or permit any third party to implement, use, sell, distribute or transfer the Software and all the intellectual property rights thereof;
(vi)copy, alter, amend, develop or create any derivative works based on the Software or any part or component thereof, or any data released to any mobile device’s or mobile communication terminal’s internal memory by the Software and interactive data between client terminal and server’s terminal during the Software’s operation (which restricted acts include, but are not limited to, the creation of plug-ins, add-on programs, outside hanging or any unauthorized third party’s tool/service accessing the Software and correlative systems);
(viii)reengineer, de-compile, disassemble, alter, translate or reverse engineer the Software or any part or component thereof (except as may be expressly permitted by applicable laws which permit such activities notwithstanding this contractual prohibition);
(ix)amend or destroy the original state of the Software;
(x)use the Software to take any actions to threaten the security of our network, including but not limited to using data or entering server/account without permission; entering public networks or others’ operating systems and deleting, amending or adding the stored information without permission; attempting without permission to detect, scan or test the weakness of the Software system or our network or attempting without permission to conduct any other activities to damage the network security system; attempting without permission to intervene with or affect the normal operation of the Software or the website; intentionally spreading malicious programs or viruses, and taking other actions to damage or intervene with the normal information service of the network; or forging part or all of the titles of TCP/IP packets;
(xi)log in or use the Software and the Services by means of a third party’s compatible software or system not developed, authorized or approved by us; including as to the Software and the Services, the use of the plug-ins and outside hanging not developed, authorized or approved by us;
(xii)use the Software without our prior written consent to use, lease, lend, copy, revise, link to, cite, compile, issue or publish the information related to the Software, or to build mirror websites of said information or to develop related derivative products, works, services, plug-ins, outside hanging, compatibility or interconnection without authorization;
(xiii)use the Software to publish, deliver, transmit or store any content that contravenes the laws of any country, or threatens the national security, social stability, public order and morals of any country, or to publish, deliver, transmit or store any content that is inappropriate, insulting, defamatory, obscene, violent and against the laws, regulations and policies of any country;
(xiv)use the Software to publish, deliver, transmit or store content that infringes other's intellectual property rights, trade secrets or other legal rights;
(xv)use the Software to issue, deliver or transmit bulk advertisements, unsolicited communications, spam or junk information;
(xvi)use the Software to deliver, transmit or otherwise accomplish the transmission of the files including pictures, photos, software or other materials, which are under the protection of intellectual property laws, such as (but not limited to), copyright or trademark laws (or right of privacy or right to publicize), unless the Licensee owns or controls the related rights or has obtained the necessary authorization;
(xvii)use the Software to use any material or information that contains pictures or photos which have been acquired by infringing existing trademark, copyright, patent, trade secrets or other exclusive rights of other third parties;
(xviii) use the Software to amend or forge the instruction, data and data packet in the running of software works, add, delete, decrease or change the functions or running effects of software, spread the Software for the foresaid purposes to the public through an information network, or operate them;
(xix)apply the Software and the Services to the running of equipment putting humans or their belongings in danger; the Licensee understands that the Software and the Services are not designed for the above purposes and unless expressly prohibited by applicable mandatory law, the Licensee agrees, acknowledges and consents that we will not bear any liability or be responsible for the personal injury or death, loss or damage to belongings or destruction of the environment due to the Software and/or Services being used for such purposes;
(xx)sell, lease, charge, lend, spread, transfer or sub-license the Software and/or Services or gain profits from using the Software and/or Services regardless of whether the above acts were committed for the purpose of achieving any direct or indirect economic gain; and
(xxi)use the Software and the Services in any other illegal manner, for any illegal purpose or in any form inconsistent with this EULA.
For the avoidance of doubt, the above restrictions do not prevent the proper use of the Software licensed under this EULA on the SMARTRAY STUDIO PRODUCTS platform.
5.TERMINATION OF LICENSE
Notwithstanding anything to the contrary in this EULA, and unless expressly prohibited by applicable mandatory law, the Licensee hereby agrees, acknowledges and consents that we shall have the right to terminate this EULA for any reason which we deem proper and necessary (including termination for convenience) on thirty (30) days written notice to the Licensee without any liability of any nature whatsoever. The Licensee further agrees that any reason determined by us for termination purpose shall be deemed a legitimate reason.
6.VIOLATION OF LICENSE TERMS
If the Licensee violates any of the terms and conditions or breaches any of the stipulations in this EULA, unless expressly prohibited by applicable mandatory law the Licensee’s rights under this EULA will immediately terminate and we may, at our sole and absolute discretion, immediately terminate, suspend in part or in whole, or restrict the Licensee’s use of the Software without notice.
7.SOFTWARE UPDATES AND SERVICE
7.1 If the Licensee is receiving an update or an upgrade to, or a new version of the Software ("Update"), the Licensee must possess a valid license to such previous version of the Software in order to use the Update. All Updates are provided to the Licensee pursuant to the terms of the license for the Software under this EULA. Further, the Licensee agrees that by using an Update, the Licensee voluntarily terminates the Licensee’s right to use any previous version of the Software.
7.2 The Software activates automatically the function of “upgrade reminder”. Depending on the version of the Software, the Licensee may have an option to activate this function. After issuing Updates or new versions of the Software, we will not guarantee the continuous availability of the previous version(s) of the Software.
7.3 We reserve the right to unilaterally change or restrict part of the functional effects of the Software for the purpose of business development, and unless expressly prohibited by applicable mandatory law, the Licensee agrees and acknowledges that we assume no liability whatsoever in respect of any damages suffered by the Licensee as a result of such change or restriction.
7.4 We reserve the right to amend or suspend the service for the Software at any time for repair, maintenance or any other purposes which we deem necessary and to provide notice as may be reasonably possible to the Licensee. Unless expressly prohibited by applicable mandatory law, the Licensee agrees and acknowledges that we shall not be responsible to the Licensee or any third party for our exercise of this right to amend or suspend the Service.
Unless expressly prohibited by applicable mandatory law, the Software is offered on an “as-is” and “as available” basis and no warranty, either express, implied or statutory, is given. We expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement.
9.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES
9.1 Unless expressly prohibited by applicable mandatory law, the Licensee agrees and acknowledges that in no event shall we, our Affiliates (as defined below), our or their employees, officers or agents be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software or any part or component thereof (including items sold (by way of license) via or for use on SMARTRAY STUDIO PRODUCTS), or otherwise under or in connection with any provision of the EULA, even in the event of the fault, tort, strict liability, breach of contract, or breach of warranty of us, and even if we or our Affiliates, our or their employees, officers or agents, have been advised of the possibility of such damages. For the avoidance of doubt, the Licensee agrees and acknowledges that in no event shall we or our Affiliates, our or their employees, officers or agents be responsible or liable for any use of the Software (including items sold (by way of license) via or for use on SMARTRAY STUDIO PRODUCTS) by the Licensee for the distribution of contents relating to obscenity, gambling, defamation, threats and information which inflicts hatred or dissension on individuals and/or certain groups of community based on ethnic group, religion, race, and group-based interest.
9.2 In this EULA, "Affiliate" shall mean any person or entity which directly or indirectly Controls us (a “Holding Company) from time to time or is directly or indirectly Controlled by us or by a Holding Company from time to time. "Control" shall mean: (a) the ownership or control (whether directly or indirectly) of more than thirty percent (30%) of the voting share capital of the relevant undertaking; or (b) the ability to direct the casting of more than thirty percent (30%) of the votes exercisable at general meetings of the relevant undertaking on all, or substantially all, matters; (c) possessing, directly or indirectly, the power to direct or cause the direction of the management and operating policies of the entity whether by way contract, management agreement, voting trust or otherwise; or (d) the right to appoint or remove directors of the relevant undertaking holding a majority of the voting rights at meeting of the board on all, or substantially all, matters and "Controls" and "Controlled" shall be construed accordingly.
9.3 As with other mobile device or mobile communication terminal software, the Software could be used as a tool for harassment and breaches of security. The Licensee hereby agrees and acknowledges that, notwithstanding that the Licensee takes appropriate steps to minimize such risks, the likelihood of the occurrence of such risks cannot be excluded altogether, and the Licensee agrees and acknowledges that we and our Affiliates, employees, officers or agents will not bear any liability for such risks, including, without limitation, the following:
(i) other software downloaded and installed by the Licensee containing viruses, such as Trojan Horse, or other malicious code, which threatens the security of the personal information and data and as a result, adversely affects the normal use of the Software;
(ii)the mobile device or mobile communication terminal is infected by a virus or other malicious code or is damaged as a result of the Licensee browsing or visiting web pages; or
(iii)the Licensee fails to normally download files due to any reason, including because of the supplier of the files to be downloaded, the network, the software or hardware used by the Licensee.
9.4 Unless expressly prohibited by applicable mandatory law, the Licensee agrees and acknowledges that we and/or our Affiliates, employees, officers or agents shall bear no liability for any and all possible losses of the Licensee caused by Force Majeure Events. A “Force Majeure Event” is any liability or loss caused by a third party's communication line error, technical problem, network or mobile communication terminal failure or system instability, or by any event or failure which is beyond our reasonable control (which includes acts of God, natural disasters, acts of any government or authority, power failures, and the acts of a party for whom we are not responsible for.
9.5 All software derived from the Software that are not developed and formally released by us or not authorized by us are illegal. The download, installation or use of said illegal software may bring about unpredictable risks to the Licensee. Unless expressly prohibited by applicable mandatory law, the Licensee agrees and acknowledges that we shall not be responsible for any legal liability and dispute arising from said download, installation or use.
Except as expressly set out in this EULA or as specifically prohibited by any applicable mandatory law, the Licensee warrants, represents and undertakes that it shall:
(i)bear the risks for the use of the Software and possess the rights and conditions required for the running of the Software, and the Licensee must ensure that it has the right to use the Symbian, Java, s60v3, s60v5 and Android series operating systems (as applicable);
(ii)use the Software in accordance with the provisions of this EULA and all applicable laws and regulations; and
(iii)read carefully all instructions for the use and operation of the Software before downloading, setting-up, installing or using all or any portion of the Software.
11.1 This Clause 11 and the Privacy Statement explain how we (either ourselves or acting through Affiliates or other third parties) collect and use your personal information. This Clause and the Privacy Statement only apply to SMARTRAY STUDIO PRODUCTS and the SMARTRAY STUDIO PRODUCTS services.
11.2 The Licensee should refer to the Privacy Statement, which the Licensee represents it has read and agreed to by agreeing to the terms of this EULA.
11.3 The Licensee agrees and acknowledges that personal information means such information that can directly or indirectly identify the Licensee, including the following: the Licensee’s name, ID card no., mobile number, IP address, e-mail address, credit card and other payment-related details, address and certain information regarding the Licensee's use of the Software, internet browsing and surfing habits, and any other information which may be deemed personal information under applicable law and regulation.
11.4 We respect the privacy of the Licensee’s personal information and we will take reasonable measures to protect the Licensee’s personal information. Unless with the Licensee's consent, save for the purpose(s) of complying with law, judicial proceedings or other legal processes, requests by courts or government departments, or purposes as listed in the section headed “How SMARTRAY STUDIO PRODUCTS uses your information” in the Privacy Statement for which the Licensee has given consent, we will not make the Licensee’s personal information public or disclose them to a third party except as provided for in the Privacy Statement.
11.5 The Licensee hereby agrees and acknowledges that usage of the Software to visit third party websites could result in the collection of the Licensee's personal information by those websites, and that we and our Affiliates, and our and their respective employees, officers or agents shall not be responsible or liable for the data privacy practices of those websites, including without limitation the collection, handling, use, processing and retention of the Licensee's personal information.
11.6 The Licensee hereby agrees and acknowledges that, in order to operate and improve the technologies and quality of our Services, we might have to collect and use the Licensee’s personal information and/or provide third parties with such information and the Licensee hereby consents to the collection, use and transfer of that personal information. Further detail is set out in the Privacy Statement.
11.7 The Licensee hereby agrees, consents and acknowledges that we may collect, use, handle, process and/or transfer the Licensee's personal information for the purposes set out in the Privacy Statement.
11.8 In the event the Licensee uses specific functions of our Software, or when the Licensee requests us or its partners to offer particular services, the Licensee agrees and acknowledges that we and/or its partners may have to provide the Licensee's personal information to the relevant third parties.
11.9 Unless expressly prohibited by applicable mandatory law, we have the right to release advertisements and/or other information during or through Services and such advertisements and/or information may appear in the form of system message or popup window, etc.
12.CONSENT TO THE USE OF MOBILE DEVICE OR MOBILE COMMUNICATION TERMINAL RESOURCES.
12.1 The Software requires all Licensees to use the Software jointly and to maintain the benefit and functionality provided by the Software. The Licensee hereby acknowledges, consents and agrees that the Software may make use of the Licensee's resources, such as the processor of the Licensee's mobile device or mobile communication terminal and the bandwidth, for the limited purpose of allowing other Licensees of the Software to communicate with the Licensee and share the Software and the Services. Where applicable, the costs of such use by the Software of the Licensee's resources (including without limitation costs of service providers) shall be solely borne by the Licensee. The Licensee hereby agrees and acknowledges that the Licensee's enjoyment and/or experience in using the Software for communicating with other Licensees could be affected depending on the actions of other Licensees beyond our control and for which we, our Affiliates, and our and their employees, officers or agents shall not be responsible in any way.
12.2 The Licensee acknowledges that we will use our commercially reasonable effort to protect the Licensee's mobile device or communication terminal resources and the privacy and completeness of the Licensee's communications via the mobile device or communication terminal. However, the Licensee acknowledges and agrees that we will not provide any warranty therefor.
13. LIMITATION OF LIABILITY
Notwithstanding any damages that the Licensee might incur for any reason whatsoever and unless expressly prohibited by applicable mandatory law, the Licensee hereby acknowledges, consents and agrees that the entire liability of us, our Affiliates, and any of our and their agents and suppliers under any provision of this EULA shall be limited and in no event will the total cumulative and aggregate liability of (taken together) us, our Affiliates, and our and their agents and suppliers exceed HK$5.
14.1 By accepting the EULA, the Licensee agrees to indemnify and otherwise hold harmless us, our Affiliates, and any of our or their officers, employees, agents, subsidiaries and other partners from any direct, indirect, incidental, special, consequential or exemplary damages and any losses, costs and expenses arising out of, relating to, or resulting from the Licensee’s use of the Software or any other matter relating to the Software or this EULA (including items purchased by the Licensee (by way of license) via or for use on SMARTRAY STUDIO PRODUCTS).
14.2 For the avoidance of doubt, if the Licensee's breach of this EULA (including but not limited to the acts stipulated in Clause 4 above) or relevant terms of Service brings about any third party's claims or demands to us, our Affiliates or any of our or their officers, employees, agents or partners, including attorney's fees, the Licensee hereby agrees to indemnify and hold us and our Affiliates and our and their officers, employees, agents and partners harmless from all losses caused by said claims or demands.
15. INTELLECTUAL PROPERTY
15.1 The Software is protected by law, including without limitation the Copyright Ordinance (Cap. 528) of the Hong Kong Special Administrative Region ("HKSAR"), International Copyright Treaties and other intellectual property laws and treaties. The Licensee hereby acknowledges that all intellectual property rights in the Software (including but not limited to any images, text, audio, video, and "applets" incorporated into the Software) throughout the world belong to us (except that items sold (by way of license) via or for use on SMARTRAY STUDIO PRODUCTS may belong to third party sellers, that rights in the Software are licensed (not sold) to the Licensee, and that the Licensee has no rights in, or to, the Software other than the right to use it in accordance with the terms of this EULA. The Licensee acknowledges and agrees that the Licensee has no right to access the Software in source code form.
15.2 The Licensee further agrees and acknowledges that all the contents in any advertisements and commercial information provided by us for the Licensee via the Software are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensee may only use content from said advertisements or commercial information with our written consent, and shall not copy, amend or compile said advertisements or commercial, or create derivative products based on the same without our authorization.
16. ENTIRE AGREEMENT
Subject to any supplement for specific additional services, the EULA constitutes the entire agreement between us and the Licensee and governs the Licensee’s use of the Software, superseding any prior agreement between the Licensee and us relating to the subject matter hereof. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the EULA will remain in force and effect.
The Licensee may not assign this EULA, and any attempted assignment will be null and void.
18. GOVERNING LAW
This EULA will be governed by and construed in accordance with the laws of HKSAR without regard to conflict of laws principles.
19. DISPUTE RESOLUTION
19.1 Any dispute or controversy under this EULA shall firstly be resolved through amicable negotiation. If no agreement is reached through such negotiations, the parties hereby agree to refer the dispute or controversy to arbitration pursuant to Clause 19.2 below.
19.2 Subject to Clause 19.1 above, the parties agree that any dispute, controversy or claim arising out or relating to this EULA, or the breach, termination or invalidity thereof, shall be settled by final and binding arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. The place of arbitration shall be in Hong Kong at the Hong Kong International Arbitration Centre ("HKIAC").
19.3 The tribunal for any arbitration shall consist of three arbitrators with each party appointing one arbitrator and the two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the Tribunal.
19.4 The language to be used in the arbitral proceedings shall be English.
This EULA is provided in English, although it may be translated into any other language at our sole discretion or by requirement of law. In the event of any discrepancies between the English version and any other language versions, the English version shall prevail.
If the Licensee has any questions, comments or complaints as regards this Software, please contact us at email@example.com.
22. CONTRACT RIGHTS OF THIRD PARTIES
The parties agree that a person or entity who is not a party to this EULA shall have no right under any legislation whatsoever (including without limitation the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore)) to enforce any term of this EULA, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause 22 shall affect the rights of any permitted assignee or transferee of this EULA.
Privacy Statement for SMARTRAY STUDIO PRODUCTS
Last updated: Oct 27th, 2013
Unless otherwise defined herein, terms used in this Privacy Statement shall have the same meanings as those defined in the Software End User License and Services Agreement for SMARTRAY STUDIO PRODUCTS (“EULA”).
We are committed to protecting your privacy while providing you with the products and services that serve your needs. The operation of these products and services may require the collection and use of your Personal Information. This Privacy Statement explains how we, SMARTRAY STUDIO PRODUCTS, (either ourselves or acting through Affiliates or other third parties) collect and use your Personal Information (as defined below). This Privacy Statement only applies to SMARTRAY STUDIO PRODUCTS and the SMARTRAY STUDIO PRODUCTS services (including items sold (by way of license) via or for use on SMARTRAY STUDIO PRODUCTS).
This Privacy Statement is current as of the “last updated” date set forth above. We reserve the right to change this statement from time to time. By virtue of the Licensee's continued use of the Software or the Services, the Licensee agrees and accepts that once the updated terms of the Privacy Statement are released, the updated terms will effectively replace all original and previous terms of the Privacy Statement and the Licensee shall be deemed to have been notified of the updated terms.
By installing or using the SMARTRAY STUDIO PRODUCTS software, you acknowledge, agree and consent that your Personal Information will be handled as described in this Privacy Statement, which is incorporated by reference into the EULA. Should the Licensee not agree to this Privacy Statement or updated versions thereof, the Licensee shall discontinue usage of the Software and Services and immediately remove the Software from the Licensee’s mobile device or mobile communication terminal or computer.
This Privacy Statement applies solely to information collected by us during your download and use of SMARTRAY STUDIO PRODUCTS. It is your responsibility to read and accept the terms of service and privacy policies for third party websites, applications or services that you visit or use. We are not responsible for the privacy practices of other third party entities or third party websites (including websites, applications or services of our Affiliates, and other third party websites, applications or services whose advertisements may appear on SMARTRAY STUDIO PRODUCTS).
INFORMATION WE COLLECT FROM YOU
What information we collect or receive from you depends on how you use SMARTRAY STUDIO PRODUCTS, which may include the following:
Your Personal Information
"Personal Information" is information that you provide to us which personally identifies you, such as your name, ID card no., mobile number, IP address, e-mail address, credit card and other payment-related details, address and certain information regarding your use of the Software, internet browsing and surfing habits, or any other information which may be deemed personal information under applicable law. When you provide your Personal Information to us using SMARTRAY STUDIO PRODUCTS, we receive and store this information in order to respond to your user needs and requests. For example, we may use your Personal Information when providing you with customer technical support. You can choose not to provide your Personal Information, but then you might not be able to take advantage of all the features in SMARTRAY STUDIO PRODUCTS.
Information We Collect Automatically
We receive and store certain types of information whenever you interact with us. For example, upon your confirmation, we receive information from your mobile address book, which we use to allow other Licensees of the Software who have been added in your address book list to communicate with you. Like many communication software, SMARTRAY STUDIO PRODUCTS supports the collection of your Personal Information, including but not limited to geographical location data through optional “plug-ins” and the use of other automated tools to allow other Licensees and you to share the Software and the Services. Though such information will typically be used in an aggregated way to improve our products and Services, some information we collect may be used to offer you products and Services specifically based on your preferences and usage.
In addition, our servers automatically recognize your IP address and other technical information about your mobile device. See the section below entitled “IP Address Information” for more information.
IP Address Information
Each time you use SMARTRAY STUDIO PRODUCTS and SMARTRAY STUDIO PRODUCTS services, your wireless telecom services operator will provide our web server with your IP address, as well as other technical information about your mobile device. In addition, our servers may look up the IP address and other information about your mobile device so that we can:
1.display specific or localized content and advertisements that may interest you based on the geographic location of your handheld device, or
2.to enable certain features of SMARTRAY STUDIO PRODUCTS.
We do not combine your IP address or location information with personally identifiable information about you.
One of the primary purposes of cookies is to provide a practical feature that saves you time in your use of SMARTRAY STUDIO PRODUCTS or SMARTRAY STUDIO PRODUCTS services. For example, if you personalize SMARTRAY STUDIO PRODUCTS services or register with various SMARTRAY STUDIO PRODUCTS services, a cookie helps in the recall of your information on subsequent use or visits. This simplifies the process of recording and inputting your Personal Information (such as one-click login). When you return to use SMARTRAY STUDIO PRODUCTS services, the information you previously provided can be retrieved by us, so you can easily use the features that you customized.
You have the right to accept or reject cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to reject cookies if you wish. If you choose to reject cookies, you may not be able to experience fully the interactive features of SMARTRAY STUDIO PRODUCTS or SMARTRAY STUDIO PRODUCTS services that you use or visit.
Certain optional plug-ins of SMARTRAY STUDIO PRODUCTS, such as ‘Shake’, ‘Drift Bottle’ and ‘Look Around’, collect and utilize your geographic location data. Your geographic location data will be stored on our web server for a short period and may be deleted from the server upon your request by your use of the relevant deletion functions in SMARTRAY STUDIO PRODUCTS settings.
Mobile Address Book Information
‘Contact Backup’, a plug-in of SMARTRAY STUDIO PRODUCTS, will store your mobile address book data in an encryption server provided and maintained by us. Data stored will be associated with your SMARTRAY STUDIO PRODUCTS account. We will not disclose your information to any third parties (other than persons acting on our behalf) without your consent.
HOW SMARTRAY STUDIO PRODUCTS USES YOUR INFORMATION
If we combine non-Personal Information with Personal Information, the combined information will be treated as Personal Information for so long as it remains combined.
We may use Personal Information we collect about you for any of the following purposes:
· to carry out the Software verification service;
· to carry out the Software upgrade service;
· to improve the security of the Licensee's use of the Software and provide customer support;
· to process payment and/or delivery of any products (including software licenses) for products offered and sold via SMARTRAY STUDIO PRODUCTS;
· to better understand how users access and use our products and services, including SMARTRAY STUDIO PRODUCTS, on an aggregated and individualized basis, for the purposes of improving our products and services, and to respond to customer desires and preferences;
· to improve our products and services by providing personalized experiences and recommendations, language and location customization, personalized help and instructions, or other responses to your and other customers’ usage of our products and services;
· to communicate with you for other customer service, software verification or software upgrades. This may include location verification for products and services which may have limited geographical access, and the like;
· to offer you content, services, games or other products and services;
· to carry out commercial activities including, but not limited to, value-added services, advertising, marketing and sales promotion;
· to ask you to participate in surveys about products and services;
· to provide you with news and newsletters, special offers, promotions, and targeted advertising; and
· to improve our products and services by providing language and location customization, personalized help and instructions, or other responses to your and other customers’ usage of our products and services.
We may disclose information about you to third parties acting on our behalf. These third parties may assist us with the collection of information, marketing, resolving service problems, and correcting errors related to the execution of our products including SMARTRAY STUDIO PRODUCTS. However, we do not give these third parties an independent right to share or use your Personal Information.
In addition, we may use your Personal Information for the purpose of sending you messages (whether by messaging within SMARTRAY STUDIO PRODUCTS, email, SMS or other means) marketing, offering, promoting or advertising:
· our goods and services and the goods and services of our Affiliates and joint venture partners, including instant messaging services, online media services, interactive entertainment services, social networking services, payment services, internet search services, location and mapping services, on-line advertising services and other social media, entertainment, e-commerce, information and communications software and services (“Internet Services”); and
· third party providers of Internet Services and goods and services relating to dining, food and beverages, sports, music, film, television and other entertainment, clothing and accessories, jewellery, cosmetics, personal health and hygiene, electronics, home furnishings, and housewares, automobiles, transport and travel, banking, insurance and financial services, loyalty and reward programs and other goods and services that we think may be relevant to you.
You will only receive such messages from us where you have subscribed to SMARTRAY STUDIO PRODUCTS’s official account or the relevant third party’s official account.
HOW AND WHEN SMARTRAY STUDIO PRODUCTS SHARES INFORMATION
Information about our users is an important part of our business, and we are not in the business of selling it to others. We share customer information only when compatible with the purposes described above, and when we have your permission or as described in this section.
SMARTRAY STUDIO PRODUCTS Affiliates
We may share your information with our Affiliates but only if those entities are either subject to this Privacy Statement or follow practices at least as protective as those described in this Privacy Statement.
Contractors and Agents
We may employ other companies and individuals to perform functions on our behalf. Examples include, without limitation, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing information, providing marketing assistance (including information concerning marketing and promotional programs), or providing customer service or for other purposes within the ordinary course of business. Furthermore, we may engage third party persons or entities (including banks and credit card processing agents) whose principal places of business may be, or that may be incorporated or situated in, places outside of Hong Kong, to process payment and/or delivery of any products (including software licenses) for products offered and sold via SMARTRAY STUDIO PRODUCTS.
These third parties have access to the Personal Information needed to perform their functions on our behalf. We require these companies to agree:
2.to use your Personal Information only for the purposes for which the third party has been engaged by us.
We or our Affiliates are not liable for the acts or omissions of these third parties, except as provided by applicable law.
Third Party Offerings
Certain products (including software licenses) sold via SMARTRAY STUDIO PRODUCTS may be developed and/or owned by a third party seller (“Third Party Products”). SMARTRAY STUDIO PRODUCTS will identify the third party seller of each Third Party Product. SMARTRAY STUDIO PRODUCTS does not own or operate such Third Party Products, including Third Party Products that you download and use through SMARTRAY STUDIO PRODUCTS.
These third party sellers have access to the Personal Information needed for the purposes set out in (2) below.
We require these third party sellers to agree:
2.to use your Personal Information only to:
a.process payment and/or delivery of any Third Party Products (including software licenses) for Third Party Products offered and sold via SMARTRAY STUDIO PRODUCTS;
b.provide Third Party Products updates (including software updates), where applicable;
c.enable such third party sellers to process any refund of products by or refund of payment to a Licensee; or
d.provide customer service of the third party sellers.
We and our Affiliates are not liable for the acts or omissions of these third party sellers, except as provided by applicable law.
When you download, purchase or utilize Third Party Products, Personal Information may be collected by the third party seller (other than for the information and purposes described above). In such cases, you should review the privacy policies and any agreements with such third party sellers to understand how your Personal Information will be treated by those entities, as SMARTRAY STUDIO PRODUCTS is not responsible for your dealings with third party sellers or their applications, products, services or software. SMARTRAY STUDIO PRODUCTS does not directly control how such third party sellers process any Personal Information they collect in connection with the Third Party Products you use.
As we continue to develop our business, we might sell or buy online stores, subsidiaries, or other businesses. In such transactions, customer information generally would be one of the transferred business assets but remains subject to the promises made in any pre-existing privacy statement or policy (unless, of course, the customer consents otherwise).
Protection of SMARTRAY STUDIO PRODUCTS
RETENTION OF YOUR INFORMATION
We may retain any information collected from you for the period necessary to fulfill the purposes as outlined in this Policy Statement unless a longer retention period is required by applicable law or regulation.
Credit or debit card information may, depending on local laws, be retained by us in order to enable you to quickly and conveniently make purchases via SMARTRAY STUDIO PRODUCTS.
SECURITY OF YOUR INFORMATION
We are committed to protecting the security of your Personal Information. We use a variety of security technologies and procedures to help protect your Personal Information from loss, misuse, unauthorized access, use, disclosure, alteration and destruction.
Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time.
Any information we collect will be securely processed, stored and archived in databases and backups that could reside outside of your jurisdiction, including without limitation outside the Hong Kong Special Administration.
INHERENT RISKS AND PREVENTATIVE MEASURES
As with other mobile communication terminal software, SMARTRAY STUDIO PRODUCTS could be used as a tool for harassment and breaches of security, including without limitation stalking or other criminal activities (collectively, "Risks").
In order to minimize the Risks, the Licensee may consider, without limitation, the following preventative measures:
· do not add or accept chat requests from unknown friends;
VOLUNTARY PROVISION OF PERSONAL INFORMATION
You can always choose not to provide your Personal Information to us, but that may prevent you from being able to use or take advantage of specific features of SMARTRAY STUDIO PRODUCTS.
PERSONAL INFORMATION OF MINORS
We are especially concerned about the safety and protection of the Personal Information of minors collected and used online. We do not knowingly collect or solicit Personal Information from anyone under the age of 18. If you are under 18, please do not attempt to send any information about yourself to us, including your name, address, telephone number, or e-mail address. In the event that we learn that we have collected Personal Information from a child under the age of 18 we will delete that information as quickly as possible. We suggest that any persons under 18 years of age should use SMARTRAY STUDIO PRODUCTS with supervision from their parents or guardians.
EULA, Notices, and Revisions
If you choose to use SMARTRAY STUDIO PRODUCTS, any dispute over privacy is subject to this Privacy Statement and the provisions of the EULA and other contracts entered into between you and us, including without limitation applicable limitations on damages, arbitration of disputes, and application of the law of the Hong Kong Special Administrative Region.
EXEMPTION OF LIABILITY
Unless expressly prohibited by applicable mandatory law, we, our Affiliates, and our and their employees, officers and agents shall not be liable for:
1.any disclosure of your Personal Information as required by law or regulation or relevant governmental authority;
2.any disclosure of your Personal Information as a result of your own action or negligent act (including without limitation the disclosure by you of your Personal Information to any websites, forums, or social networking sites);
3.any consequence resulting from hackers, computer viruses or malicious code or temporary closure of our services; or
4.any consequence resulting from Force Majeure Events.
In addition, all provisions of the EULA, including without limitation the limitation of liability and indemnification provisions shall also apply.
If you have questions about the privacy aspects of our products or services, please contact us b at firstname.lastname@example.org with a thorough description of your question or concern, and we will try to resolve it.