Effective on November 12, 2024
Welcome to Vidzo!
These Terms of Service apply between you and:
HK FUN LOVE TECHNOLOGY LIMITED (“Vidzo”)
FLAT/ROOM 1101D, 11F, LIPPO SUN PLAZA, 28 CARTON ROAD, TSIM SHA TSUI, KOWLOON, HONGKONG.
The terms “us”, “we”, “Company” and/or “Vidzo” refer to HK FUN LOVE TECHNOLOGY LIMITED. Together you and Vidzo may be referred to as the “Parties” or separately as “Party”.
1. Introduction
By accessing or using our Services , the Vidzo mobile application (the "App"), or any other platforms or services Vidzo may offer (collectively, the "Service" or our "Services"), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
Should you require any further information or technical support, please send an email to vidzocs@gmail.com
2. Eligibility
2.1 You may only use the App and/or Services if you are eighteen (18) years of age or older and not barred from using the App or receiving the Services under the laws of the applicable jurisdiction, and have the legal capacity and authority to enter into this Agreement and form a binding contract with us;
You may not use the Products if you are under 18. You may not use the Products if you have been a convicted sex offender, accused or convicted of any human trafficking or modern slavery crime; lacking legal capacity; or legally prohibited, in any way, to use the Products by the laws of the country you reside in.
2.2 Any use, registration or access to the Products by a person who does not fulfill the eligibility requirements above is unauthorized, unlicensed, and in violation of these Terms.
2.3 You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with the terms and conditions of these Terms.
2.4 We may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Products (or any part of the Services) if it believes that you do not fulfill the eligibility requirements above.
3. Description of the App and the Services
Vidzo is a free social app that provides social networks, makes friends and chats. Our aim is to give people the opportunity and ability to connect with others around the world with real time connections and meaningful conversations. So you agree that you will only use Vidzo in a manner consistent with its purpose and which is in accordance with these terms and conditions.
3.1 You warrant that you own the Device to which you are downloading the App, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Products will do so in accordance with these Terms.
3.2 We can choose to add additional features or functions, or to modify the Products in any other way, for instance to improve performance, enhance functionality, address changes to the operating system or address security issues.
3.3 You may have to agree to a renewed version of the Terms in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the App.
3.4 You acknowledge that we may automatically issue any additional features, functions, modifications, updates or upgraded versions of the App and, accordingly, may modify, update or upgrade the version of the App that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
3.5 We have no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the App or any of the Services.
3.6 The Products are not intended to replace phone lines and as such are not built to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”).
3.7 We reserve the right to exercise whatever lawful means it deems necessary to prevent the unauthorized use of the App or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier or device manufacturer regarding such unauthorized use. If any personal data is processed for this purpose, this shall be in accordance with our Privacy Policy.
4. Intellectual Property
4.1 Our Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Our Products include trade secrets and information that is confidential and proprietary to us and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Products, including any related documentation and any new releases, modifications, and enhancements thereto, belong solely to us or our licensors, if any, including all intellectual property rights therein. The App is licensed to you, not sold. Except as provided in these Terms, you shall not obtain any rights, title or interests in them, and shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on them (either in whole or in part). There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right subsisting in the App and/or Services. We hereby expressly reserve all rights in the App and all Services, which are not expressly granted to you hereunder.
4.2 Subject to your compliance with these Terms, we grant you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the App, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of your personal use of the App and any other applications that may be explicitly authorized by us for use through the App as permitted by these Terms.
4.3 By submitting, posting or displaying Content on or through the Products, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to others who may do the same. You agree that this license includes the right for us to provide, promote, and improve the Products and to make Content submitted to or through the Products available to other users, companies, organizations or individuals for the broadcast, distribution, promotion or publication of such Content on other media and services – for example our Apps and Services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you, transmit or otherwise make available through the Products as the use of the Products by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
4.4 Unless applicable law expressly provides you with the right to do so, you shall not, and you shall not permit anyone else to, directly or indirectly:
• Copy, modify, adapt (including using in a collection), translate into any language, perform, communicate with public via tools transmitting signs, audio and visuals, distribute, or create derivative works based on the App or any of the Services;
• Sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the App or Service and any attempt by you to take such action shall be void;
• Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, database or algorithms of the Products by any means whatsoever.
• Remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the App or any of the Services;
• Use the Products to create or proliferate any virus or to circumvent any copy protection or other digital rights management mechanism.
5. Content
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide, share or post. You are expressly prohibited from posting inappropriate content.
5.1 While using our Services, you will have access to: (i) content that you upload, display, share or provide while using our Services, even if suggested by our Services ("Your Content"); (ii) content that other users upload, display, share or provide while using our Services ("User Content"); and (iii) content that Vidzo provides on and through our Services ("Our Content"). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users' profiles and in direct messages between users.
For additional information on how we moderate content, please see our Community Guidlines for more details.
YOUR CONENT
5.2 You are responsible for Your Content. Don't share anything that you wouldn't want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through any other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not share any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment user name, or other banking details). IF YOU CHOOSE TO REVEAL ANY PERSONAL INFORMATION ABOUT YOURSELF TO OTHER USERS, YOU DO SO AT YOUR OWN RISK. WE STRONGLY ENCOURAGE YOU TO USE CAUTION IN DISCLOSING ANY PERSONAL INFORMATION ONLINE.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you share. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By sharing and/or streaming Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
USER CONTENT
5.3 While you will have access to User Content, it is not yours and you may not copy or use User Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. User Content belongs to the user who shared and/or streamed the content and is stored on our servers and displayed at the direction of that user.
You should always carefully review and independently verify User Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. User Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their User Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of User Content.
You do not have any rights in relation to User Content, and, unless expressly authorized by Vidzo, you may only use User Content to the extent that your use is consistent with our Services' purpose of facilitating messaging and other information between users of our Service. You may not copy the User Content or use User Content for any other purpose, whether commercial or otherwise, to spam, to critique, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse User Content.
OUR CONTENT
5.4 Vidzo owns or licenses all other content on our Services. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
INAPPROPRIATE CONTENT
5.5 Vidzo does not tolerate inappropriate content or behavior on our Services. We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate USER Content or misconduct by other users. You can report a user directly through by clicking the Shield icon on a user's profile or in the messaging experience. You may also contact Customer Service.
6. Your data
6.1 We process and store your data in compliance with Our Privacy Policy
6.2 You understand that we can use carrier distributed mobile messaging (SMS) to verify ownership of registered mobile phone numbers in relation to the users of the App or Services. We use carrier distributed mobile messaging for verification purposes and we will do so only in accordance with its Privacy Policy
6.3 We will use reasonable efforts to store or otherwise retain your Content in relation to the Products.
6.4 You can choose to provide comments, suggestions, or feedback relating to the Products (the “Feedback”) to us through the Feedback submission channels provided to you or the “review” pages of the Application Stores. You agree that we will have an exclusive license to all rights to the Feedback and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation or attribution to you or any other person. we will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Products (or any changes, modifications or corrections thereto) by virtue of any Feedback. You also acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
7. Purchases and subscriptions
7.1 From time to time, we may provide additional features and/or Services that you request and purchase for (“Premium Services''). We may also offer from time to time in its sole discretion, certain Premium Services and certain paid Content and items as part of the Products for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references made in these Terms to the “Services'' shall include the Premium Services and all types of paid Content and items offered under the Services.
7.2 Any payment for the Premium Services and any paid Content and items offered under the App or Services that you purchase will first be made using the paid coins that you have purchased via the App. Only after all of your paid coins have been consumed, you then may use your free coins (if any) to pay for such Premium Services and paid Content and items.
7.3 Subject to our sole discretion, the Premium Service and paid Content and items under the App or Services may be offered either on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable either in advance, in arrears, per usage, or as otherwise described at the time of your purchase.
7.4 If you purchase any Premium Service and/or any paid Content and items offered under the Services or App, you hereby agree to pay all charges to your account, including all applicable taxes and transaction costs, in accordance with our standard billing terms in effect at the time the charges are payable, regardless of whether such costs are charged by the Application Stores. Before your purchase, the full and final price of any Premium Service and/or any paid Content will be displayed.
7.5 You agree to abide by any relevant third parties’ terms of service or other legal agreements that govern your use of a given payment processing service and/or method in relation to the App or Services.
7.6 If you purchase Premium Services and/or any paid Content and items under the Services on a subscription basis, you acknowledge and agree that payments will be made on a recurring basis and by the payment method and payment intervals you have selected, until such subscription for Premium Services and/or paid Content and items is terminated.
7.7 You agree that if you purchase Premium Services and/or any paid Content and items through an Application Store, all payment related questions, issues, disagreements and/or disputes regarding that transaction with an Application Store shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will we have any responsibility in connection with any of the foregoing. You shall indemnify and hold us harmless from any Application Stores’ claims as mentioned under this paragraph, even if a court or administrative agency decides that we are be liable for such question, issue, disagreement or dispute.
7.8 We may use personalized pricing, that may be dependent on your location or the payment channel that you use.
7.9 When you purchase any Premium Service and/or any paid Content or item, you purchase digital content that we supply. Before you make the purchase, you consent to us immediately performing the Service or delivering the Content or item after your purchase. As a consequence of this consent, you can no longer request a refund for that particular Service, Content or item based on your right to withdraw from a consumer purchase. The following Articles 7.10 and 7.11 only apply in a situation where you made a purchase without giving consent to immediately perform the Service or deliver the Content of the item.
7.10 You may request a full refund for any Premium Service and/or any paid Content and item purchased from an Application Store if permitted by, and pursuant to the refund rules of the Application Store, subject to the following exceptions: (1) refunds are not available to users who are banned by us and/or its community; and (2) refunds are not available for partially used purchases.
7.11 You may request a refund for any Premium Service and/or any paid Content and item purchased outside of the Application Store within 14 days of purchase by contacting our customer service or by filling in the form attached to these Terms and Conditions, subject to the following exceptions: (1) refunds are not available if they are not permitted by payment channels and/or platforms; and (2) full refunds are not available for partially used purchases. You acknowledge that, upon a successful request, your money will be refunded in the same manner you used to make the original payment.
8. Termination
If you no longer wish to use our Services, or if we terminate your account for any reason, here's what you need to know.
You can delete your account at any time by logging into the App , going to “Account settings” on my profile Settings, clicking "Delete Account", and following the instructions to complete the deletion process. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.
Vidzo reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if Vidzo believes that you have violated these Terms, misused our Services, or behaved in a way that Vidzo regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by Vidzo for any reason, these Terms continue and remain enforceable between you and Vidzo, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
9. Liability
9.1 We are not liable for any damages based on your use of the App or the Services, your ability to use the App or the Services or in any way or for any failures in the App or Services. Your access to and use of the Services and App or any content is at your own risk. You understand and agree that the Services are provided to you on an “As Is” and “As Available basis”.
9.2 If we are liable for any event, this liability shall be limited to direct damages. This means that we are not liable for, among other things, any consequential, indirect or reputational damages, any loss, deletion, destruction or damage of or to your personal rights, your data, your personal data or your device.
9.3 As some jurisdictions do not allow the enforcement of some of the exclusions or limitations set forth in these Terms, some of these exclusions or limitations may not apply to you. In such an event, our liability will be limited to the maximum extent possible under applicable law. The limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided by third parties other than by us and received through or advertised on the App or any of the Services.
9.4 Any limitations of liability as set out above do not apply insofar as the damage has resulted from willful misconduct or gross negligence on our part.
10. Indemnification
10.1 You hereby agree to indemnify defend and hold us harmless, as well as our licensors, partners, and our respective affiliates, officers, directors, employees, contractors and suppliers (individually and collectively ), from and against any and all claims, actions, liability, damages and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of:
• a. your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
• b. your violation of any rights of any third party;
• c. your use or misuse of the Products;
• d. your Content or other communication displayed or transmitted by means of the Products.
10.2 The above indemnification applies even if a court, an administrative agency or any other dispute resolving or investigating body decides we shall be held liable and/or imposes sanction on us.
10.3 If you downloaded the App from the Application Stores, you acknowledge that, if there is a claim by any third party that the Products or your possession and use of the Products infringes any intellectual property rights, only we are responsible for the investigation, defense, settlement and discharge of such claim. We can exclusively defend and control any matter for which you indemnify us, at your expense. You agree to cooperate with our defense of these claims, and you will not settle any matter without our prior written consent.
11. Warranties
11.1 The Products are provided to you “as is” and “as available” with no warranties. We hereby, to the fullest extent possible, disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
11.2 We do not warrant that the Content displayed or transmitted on or through the Products will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected. We do not warrant or make any representations regarding the use of, or the results from the use of, the App or Services.
11.3 Accordingly, you acknowledge and agree that we (and any Application Stores from which you downloaded the App) will have no liability in connection with or arising from your use of the App and/or any of the Services. Your only right or remedy with respect to any problems or dissatisfaction with the App and/or any of the Services is to immediately uninstall the App and cease use of the App and all Services. You further acknowledge that we (and Apple or Google, as providers of Application Stores, where relevant) have no obligation whatsoever to provide any maintenance or support services with respect to the App and/or Services.
12. Legal Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to the choice of law principles. Any dispute arising out of or in connection with this terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre(“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English.