BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE AND/OR THE APP, IT IS CONSTRUTED THAT YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1.1.Grant of a Limited License to Use the Service;
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable limited license subject to the limitation below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the user of the Service
You shall not have more than two (2) Accounts at any given time with 1 International Mobile Identity (IMEI), sell or give away your Account, create an Account using a false identify or information, or on behalf of someone other than yourself. You shall not use the Service if you have previously been removed by us or previously been banned from using the service; You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam-email or repetitive messages to anyone.
Username and Password
During the Account creation process, you will be required to log in via facebook (“Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens to your Account.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a user name violates the third party’s rights.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violation of law.
You agree that you will not, under any circumstances;
Engage in any act that we deem to be in conflict with the spirit or intent of the Service or make improper use of the Service.
Use automation software, bots, hacks, mods or any unauthorized third-party software designed to modify the Service, the “App" experience or without our express written consent, modify or cause to be modified any files that are a part of the Service or Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server") used to offer or support the Service or the website of application environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Account registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such contents.
Attempt to or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including our employees, including our customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation our employee. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service or the App using any method not expressly permitted by us.
Solicit or attempt to solicit personal information from other users of the Service or the App or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
We reserve the right to determine what conduct is considered to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT 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 PRIOR NOTICE. YOU CAN LOSE YOUR USER NAME AND PERSONA 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 SERVICE, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSESS OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE SERVICE AND RELATED SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEP TO PREVENT USER FROM ACCESSING THE SERVICE IF WE BELEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHT OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DICRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEATED INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
WE RESERVE THE RIGHT TO TERMINATTE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS. .
We reserve the rights to stop offering and/or supporting the Service or the App or part of Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or other submitted.
You may voluntarily terminate your Account at any time and for any reason by disconnecting or deleting your facebook account to the Service. Once you disconnect or delete your Account, your Account will be automatically terminated.
2.1. Service And App All rights, title and interest in and to the Service (including without limitation the App, titles, logos, items, merchants, concepts, stickers, artwork, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation and the App clients and server software) are owned by us. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights if any, in connection with the Service and the App.
2.2. Accounts 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 US.
2.3. Virtual Items; We own, has licensed, or otherwise has rights to use all of the contents that appears in the Service or in the App. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service or the App, including without limitation the virtual goods or currency appearing or originating in the App, whether earned in the App or purchased, or any other attributes associated with an Account or stored on the Service.
We reserve the right in its sole discretion to review, monitor, prohibit, edit, 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.
3. USER CONTENTS
3.1. Contents Screening; We assume no responsibility for the conduct of any user submitting any User Content, and we assume no responsibility for monitoring the Service for inappropriate contents or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the user of any User Content available in connection with the Service. At our sole discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat, text or voice communications.
If at any time we choose, in its sole discretion, to monitor the Service, we nonetheless assume no responsibility for User Content and assume no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2.Information Use by Other Members of the Service
3.2.1. Public Disclosure The Service may include various forums, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. We cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. We shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Contents You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. We may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment by us violates these Terms of Service.
3.3. License You hereby grant to us an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotion of the Service. You also hereby grant to us the right to authorize other to exercise any of the rights granted to us under these Terms of Service. You further hereby grant to us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. We do not claim any ownership rights in your User Content and nothing in intellectual property rights in or to your User Content.
3.4. User Interactions You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or we reserve the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portion of your Account. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venture and employee) 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.
4. FEES AND PURCHASE TERMS
4.1. Purchases or Send In the Service you may purchase or send the “Sticker" and “e-Card" with Freebie that can be used for personal transaction or can be transferable for gifting purpose.
We may manage, regulate, control, modify or eliminate any Sticker and e-Card with Freebie at any time, with or without prior notice. We shall have no liability to you or any third party in the event that we exercised any such rights.
The use of Freebie commences immediately upon your successful purchase until valid period. We shall have no liability to you in the event of temporary service interruption, maintenance or upgrade by the Service or by the merchants. In the event that the system is offline or unavailable, the merchant will not be able to accept Freebie until the system is restored.
4.2. Payment of Fees You agree to pay all fees and applicable taxes incurred by you or anyone using the Account registered to you. We may revise the pricing of “Sticker" and “e-Card" offered through the Service at any time. YOU ACKNOWLEGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE SERVICE AFTER SUCCESSFUL PURCHASE FOR ANY REASON. ESPECIALLY FREEBIE ITEM WILL NOT BE REFUNDED IN ANY CASE.
4.3. Rewards Points You may earn Rewards Points offered by the service, earning Rewards Points will be indicated in purchase page. Rewards Points can be used for the purchase of “Sticker" and “e-Card" with Freebie, mixed of payment is not available. Rewards Points earned from January 1 to December 31 each year are valid for redemption until March 31 only of the next 2years (e.g. Points earn on Sep 11, 2017, valid until Mar31, 2019). Expired Rewards Points will not be restored in any case.
5. UPDATE TO THE SERVICE
You understand that the Service is an evolving one. We may require that you accept updates to the Service and to the App you have installed on your devices. You acknowledge and agree that we may update the Service and the App, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and access the App.
Notwithstanding update to the Service or to the App and the period of such update is fully subject to our sole discretion, and we are not obliged to update the Service and/or the App.
6. DISCLAIMER AND WARRANTIES
WITHOUT LIMITING OUR LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS FOR YOUR USE. WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFILED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIXTY (60) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.
You agree to indemnify, defend and hold us harmless from any claims, demands, damages, or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of yourself of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributed to your intentional or negligence behavior.
8. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by sending email to our customer support at email@example.com. You agree that any claim or dispute you may have against us must be resolved exclusively by a court located in Makati, Philippines.
10. GENERAL PROVISIONS
10.2.Supplemental Policies We may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service
Except as expressly and specifically set forth in this Terms of Service, no representation, statement, consents, waivers, or other acts or omission by us shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed our officer
10.5.Notices We may notify you via e-mail or by posting to our facebook page or any other communication means from the contact information you provided to us. You may contact us with any comments, questions or suggestions you might have regarding the information described in the Sites. Any notices that you provide without compliance with this Section on Notice shall have no legal effect.
10.6.Equitable Remedies You acknowledge that the rights granted and obligations made under these Terms of Service to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or the App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content of other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any)
10.7.Force Majeure We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortage of transportation facilities, fuel, energy, labor or materials.