IdeaStudio General Terms of Use

Published 30-Oct-2022. Effective as of 30-Oct-2022. This Agreement is between you and HK SIJIU INTERNATIONAL SHARE CO., LIMITED ("the Company"), and is an effective agreement.

This Agreement consists of the main text, all rules related to the Services that the Company has published or may publish, and agreements for specific functions of the relevant services (collectively, the “Relevant Rules”). All Relevant Rules form an integral part of this Agreement and have the same legal effect as the main text of this Agreement.

Unless otherwise expressly provided, this Agreement applies to any subject that accesses, registers for, logs into, uses, or otherwise accepts the services provided by the Company, including but not limited to software, websites, and other services under brands such as the Services and HTVRONT of the Company (collectively, the “Services”), including natural persons, legal persons, and unincorporated organizations.

Before using the Services, you must carefully read the full text of this Agreement. If you have any questions about this Agreement, you should consult the Company. However, regardless of whether you have actually read this Agreement carefully before using the Services, your use of the Services shall be deemed as your agreement to be bound by this Agreement. You may not claim that this Agreement is invalid or seek to cancel this Agreement on the grounds that you have not read this Agreement or have not received a response from the Company.

You undertake to accept and comply with this Agreement and all Relevant Rules. If you do not agree to this Agreement or any Relevant Rules, you must immediately stop the registration/activation process or stop using the Services.

The Company has the right to modify this Agreement and/or any Relevant Rules at any time as needed. The modified and restated terms will be published on the official software or website, without separate notice to you. Once the modified and restated Agreement and/or Relevant Rules are published on the relevant software or website, they will automatically take effect. If you do not agree to such modifications, you must immediately stop using the Services. Your continued use of the Services will be deemed as your acceptance of the revised Agreement and/or Relevant Rules.

1. Registration and Accounts

1.1 By using the Services in a manner allowed by the Company, you acknowledge that you are a natural person of at least 18 years of age with full legal capacity. If you do not meet these eligibility requirements, you and your guardian must bear all consequences arising therefrom, and the Company has the right to cancel or permanently freeze your account, and claim against you.

1.2 From your first use of the Services, clicking on the terms, and having read and agreed to the provisions of this Agreement, or when you use the Services in the methods allowed by other companies, you will be bound by the terms of this Agreement and all Relevant Rules.

1.3 You understand and agree that, for your convenience in purchasing goods and using the Services of the website, you will use your username and password or any other username and password agreed and provided by the Company to log into the Services.

1.4 Unless otherwise provided by applicable laws or judicial decisions, or in compliance with the Company's conditions, otherwise your login name and password cannot be transferred, gifts or inherited. Transfer, gifts or inheritance may only be processed after providing necessary documents as requested by the Company, and will be processed in accordance with the Company's operating procedures.

 

2. User Information

2.1 When using the Services, you should update your user information from time to time in order to ensure it remains true, updated, complete and accurate. If there is reasonable doubt that the information you provided is incorrect, false, outdated or incomplete, the Company has the right to make an inquiry and/or request changes, and the Company also has the right to directly delete any corresponding information until the provision to you, or termination of the Services (in full or in part). The Company does not assume any responsibility in this respect, and you are liable for any resulting direct and indirect losses and adverse consequences.

2.2 You must accurately fill in and update the contact information you provide to the Company, such as email address, contact phone number, address, postal code, etc., so that the Company or other users can effectively contact you. If you cannot be contacted by such contact information, you are solely responsible for any resulting losses or costs that you incur while using the Services. You agree that you must maintain the validity of the contact information you provide. Any changes or updates must be carried out in accordance with the Company's requirements.

 

3. Account Safety

You are solely responsible for the confidentiality of your login name and password, and all activities that occur under your login name and password (including, but not limited to, disclosing or releasing information, clicking "agree" or "submit" to accept any relevant rules online, renewing agreements or purchasing services online etc.). You agree:A. to provide such information to the Company and authorize the Company to provide such information to the website in the event that the Company discovers any situation that violates the confidentiality provisions between you and the Company; andB. to correctly exit / log-out of the website / Services at the end of each responsive session. The Company cannot and will not assume responsibility for any losses or injuries incurred as a result of your failure to comply with this provision. You understand that it may take a reasonable amount of time for the Company to take responsive action in response to your request, and the Company will not assume any responsibility for any consequences, including but not limited to losses incurred by you, that result from actions taken by the Company following the responsive action.

 

4. Privacy

4.1 Privacy. For information about how we collect, use, share, or otherwise process information about you and your use of the apps and websites, please see our Privacy Policy.

 

5. Use of Services and Software

5.1 License. Subject to your compliance with the Terms and applicable law, you may access and use the Services and Software that we make available, and that you license from us. Your license will expire at the end of the term set forth in your order document. The version(s) of the Services and Software available when you renew may be different from the version(s) available at the time you first purchased your license(s) from the Services. The versions of the Services and Software that we make available, you agree, your decision to use or purchase Software or Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

5.2 Intellectual Property. We and our licensors remain the sole owner of all right, title, and interest in the Services and Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Software. We reserve all rights not granted under the Terms.

5.3 User-Generated Content. We may host user-generated content from other users. When you access our Services, you may come across content files that you consider offensive or unsettling. Your sole remedy is to stop viewing the content. If available, you may also click on the "Report" button to report offensive user-generated content to us.

5.4 Sample Files. "Sample Files" means the Services-provided audio, visual, video, or other content files, their use in tutorials, demonstrations, and they were provided. You cannot distribute Sample Files in any way that allows a third party to use, download, extract, or access the Sample Files as a stand-alone file, and you cannot claim any rights in the Sample Files.

5.5 Content Files. "Content Files" means assets provided as part of the Services and Software. Unless otherwise stated in a separate license, state otherwise. We grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content files to create your end use (i.e., the derivative application or product). The license includes the right to embed the Content Files or modify the Content Files provided embedding them in the "End Use". You may reproduce and distribute Content Files only in connection with the End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.

5.6 Third-Party Services and Software. The Services and Software may include third-party services and software, and you are responsible for complying with any and all third-party terms that are applicable. Some third-party terms may be applicable to your use of the Services and Software. Access to third-party services and software is provided only as a convenience, and the Company has no responsibility for such third-party services and software.

 

6. Your Content

6.1 Content. "Content" means any text, information, or material, such as audio files, video files, electronic documents, or images, that you upload and import, or through your use of the Services or Software, you create in connection with or through your use of the Services. You must not upload any Content that is prohibited by any applicable law. We reserve the right to remove Content or restrict access to Content, Services, or Software if we believe your Content violates these Terms. We do not review all of the Content uploaded to the Services or Software, but we may use existing technology, suppliers, or processes to screen certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, keywords that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).

6.2 Licenses to Your Content in Order to Operate the Services and Software. Solely for the purposes of operating and improving the Services and Software, when you upload Content to the Services or Software, you grant us a non-exclusive, worldwide, royalty-free, transferable, and sublicense license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform, and translate the Content.

6.3 Sharing Your Content.(A) Sharing. Some Services and Software may provide features that allow you to Share your Content with other users, or make it public. "Share" means to make available, whether to us, other users, through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.(B) Level of Access. We do not monitor or control what others do with Your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be Shared and to adjust the setting related to accessing or sharing your Content.(C) Comments. Any comments that you submit through the Services and Software are not anonymous and may be viewed by other users. Your comments may be deleted by you, other users, or by us.

6.4 Termination of License. You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service. Some copies of your Content may be retained as part of our routine backups, however.

6.5 Feedback. You have no obligation to provide us with ideas, suggestions, proposals, or other feedback you provide us ("Feedback"). If you choose to provide Feedback, however, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicenseable, and transferable license to make, use, sell, reproduce, create derivative works from, import, export, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

 

7. User Conduct

7.1 Responsible Use. The communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services and Software responsibly.

7.2 Misuse. You must not misuse the Services or Software. For example, you must not:(A) use the Services or Software without, or in violation of, a written license or agreement with us;(B) copy, modify, host, stream, sublicense, or resell the Services or Software;(C) enable or allow others to use the Services or Software using your account information;(D) offer, use, or permit the use of the Services or Software in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party;(E) use the Software to construct any kind of database or dataset;(F) access or attempt to access the Services or Software by any means other than the interface we provide;(G) circumvent any access or use restrictions put into place to prevent certain uses of the Services or Software;(H) Share Content or otherwise engage in behavior that violates anyone's Intellectual Property Rights. "Intellectual Property Rights" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;(I) Share any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, tortious, vulgar, obscene, invasive of another's privacy, hateful, or otherwise objectionable;(J) Share any Content that sexualizes minors or is intended to facilitate inappropriate interactions with minors, other users, or the public;(K) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;(L) attempt to disable, impair, or destroy the Services or Software;(M) upload, transmit, store, or make available any Content, Creative Cloud customer fonts, or code that contains any viruses, malware, malicious code, or any components designed to harm or limit the functionality of the Services or Software;(N) disrupt, interfere with, or inhibit any other user from using the Services or Software (such as stalking, intimidation, harassment, or inciting or promoting violence or self-harm);(O) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, fraudulent activities, or other unsolicited messages;(P) place advertisements of any products or services in the Services except with our prior written approval;(Q) use any data mining or similar data gathering and extraction methods in connection with the Services or Software, including data scraping for machine learning or other purposes;(R) artificially manipulate or disrupt the Services or Software (such as artificially manipulating or disrupting Behance or linking users to third-party sites);(S) create accounts for the purpose of violating these terms or for circumventing account termination or other types of actions taken by us;(T) manipulate or otherwise display the Services or Software by using framing or similar navigational technology; or(U) violate applicable law.

 

8. Taxes and Payment

8.1 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees. For example, telephone charges, mobile operator fees, ISP fees, data plan fees, credit card fees, foreign exchange fees, and foreign transaction fees. We are not responsible for these fees. We may take steps to collect fees that you owe us. You are responsible for all related collection costs and expenses.

8.2 Credit Card Information. You authorize us to store your payment method and use it in connection with your use of the Services and Software as described in your Subscription and Cancellation Terms. To avoid interruption of your service, we may participate in your card provider's supported update programs. You authorize us to use the updated information to continue billing your account with the updated information that we obtain.

 

9. Your Warranty and Indemnification Obligations

9.1 Warranty. By uploading your Content to the Services or Software, you warrant that you have: (A) all necessary licenses and rights to use and share your Content; and (B) grant the licenses contained in these Terms.

9.2 Indemnification. For any claims, demands, losses, or damages, including reasonable attorneys' fees, out of or related to your Content, your use of the Services or Software (as applicable), or your violation of the Terms, you will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors, harmless from and against any such claims, demands, losses, damages, liabilities, and expenses. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in the defense of any such claim, action, or proceeding.

 

10. Disclaimers of Warranties

10.1 We specifically disclaim any responsibility for your use of any Services or Software. You use and access the Services or Software at your own risk, and you are solely responsible for any damage to your computer system or loss of data that results from your use or access of any Service or Software.

10.2 If you post your Content on our servers and publicly share through the Services, we are not responsible for: (A) any loss, corruption, or damage to your Content; (B) the deletion of your Content by third parties or other websites; or (C) the use of your Content by third parties.

 

11. Limitation of Liability

11.1 Unless stated in the Additional Terms, we are not liable to you, for any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever, regardless of the theory of liability (including contract, warranty, negligence, or other tortious action or cause of action) arising out of or in connection with your use of the Services or Software.

11.2 Our total liability arising out of or related to the Terms will be limited to the greater of (A) US $100; or (B) the total amount paid by you to us during the three-month period preceding the event giving rise to the liability.

11.3 The limitations and exclusions in this section 12 (Limitation of Liability) apply to the fullest extent permitted by law even if: (A) a remedy fails of its essential purpose; or (B) we knew or should have known of the possibility of the damages.

11.4 These Terms set forth the entire liability of the Company and its affiliates as well as your exclusive remedy with respect to access to and use of the Services and Software.

 

12. Termination

12.1 Termination by You. You may stop using the Services and Software at any time. Termination of your account does not relieve you of the obligation to pay any outstanding fees.

12.2 Termination by Us. If we terminate these Terms or your use of the Services or Software, we will make reasonable efforts to provide you with at least 30 days prior notice, which will include instructions on how to retrieve your Content. Please Note: You may lose access to your Content upon termination. Unless stated in any Additional Terms, We may, at any time terminate or suspend your use and access to the Services or Software, if:(A) you breach any provision of the Terms or act in a manner that clearly shows you do not intend to, or are unable to comply with the Terms;(B) you fail to timely pay for the Services or Software, if applicable;(C) you abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may, alternatively, suspend or restrict your access to the Services);(D) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may, alternatively, suspend or restrict your access to the Services or Software);(E) the Services or Software provided to you become unlawful, or it becomes unlawful for us to continue providing the Services or Software to you (for example, due to a change of law);(F) we elect to discontinue the Services or Software, in whole or in part (for example, due to a change of law); or(G) there has been an extended period of inactivity in your free account.

12.3 Survival. Upon the expiration or termination of the Terms, some provisions of the Terms will continue to operate. Your indemnification obligations, our disclaimers of warranties and limitation of liability, and the dispute resolution provisions in the Terms will survive.

 

13. Trade Sanctions and Export Control Compliance

The Services and Software and your use of them are subject to the laws, restrictions and regulations of the United States and other jurisdictions. These laws, restrictions and regulations: (A) govern the import, export and use of the Services and Software; and (B) may prohibit us from providing the Services or Software to you without notice. By using the Services and Software, you agree to comply with all such laws, restrictions and regulations, and you warrant that you are not prohibited by any jurisdiction's laws from receiving the Services and Software.

 

14. Dispute Resolution

The effectiveness, interpretation, revision, implementation and dispute resolution of this Agreement shall be governed by the laws of Hong Kong, without regard to its conflict of laws principles. Any dispute arising from or in connection with this Agreement, including the validity, invalidity, breach or termination thereof, shall be submitted to and finally settled by arbitration in Guangzhou Arbitration Commission in accordance with its rules in effect at the time of applying for arbitration. The arbitration tribunal shall consist of three arbitrators, and the arbitration proceedings will be in English.

 

15. Updates and Availability

15.1 Updates to the Services and Software. We may at any time modify, update, or discontinue the Services or Software (including any part or feature), without liability to you. However, for changes to paid products, we will use reasonable commercial efforts to notify you of the modification, update, or discontinuance. If we completely discontinue the Service or Software, we will use reasonable commercial efforts to allow you to transition your Content, and we may refund you a pro-rata portion of any unused fees you have prepaid for the applicable service or software.

15.2 Availability. Webpages describing the Services are accessible worldwide, but this does not mean all Services or Service features are available in your country, nor does it mean that all content, services or features are legal or available in your country. Some Services (or certain Service features, Sample Files, or Content Files) may be blocked by us or foreign governments. It is your responsibility to ensure that your use of the Services is legal in the location where you use them. The Services are not offered in all languages.

15.3 Modifications, Reverse Engineering. Unless expressly permitted by the Terms, you may not: (A) modify, translate, or otherwise create derivative works of the Services or Software; or (B) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or trade secrets of the Services or Software. If the laws of your jurisdiction give you the right to decompile the Services or Software to obtain information necessary to make the licensed parts of the Services or Software interoperable with other software, you must first request such information from us. We may, at our option, provide such information to you, or impose reasonable conditions, including reasonable fees, on your decompilation of the Services or Software to ensure that our and our suppliers' proprietary rights in the Services or Software are protected.

 

16. Miscellaneous

16.1 Notices to You. We may communicate with you by email, posted in the service, or other legally accepted means. It is your responsibility to keep your account information current to receive notifications.

16.2 Non-Assignment. You may not assign or otherwise transfer the Terms or any of your rights or obligations under the Terms without our prior written consent. We may freely assign our rights under the Terms to any third party.

16.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.4 Force Majeure. Neither party will be liable to the other party for any failure or delay in performing any obligation other than your payment obligations under these Terms due to causes beyond the reasonable control of such party, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials, or third party acts.

 

17. DMCA

17.1 We respect the intellectual property rights of others, and we expect our users to do the same. We will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

17.2 You can send such notices to us at:support@htvront.com.