These Terms of Service (which we also call "Terms of Use") are the terms and conditions that apply to the video communication application "Sugarhub" and to subsequent versions of the Service (which we call "Service"). Please read carefully these Terms of Service and use the service only if you are agree to the Terms of Service.
You must use the Service in accordance with this Terms of Service, and if you do not accept these Terms, you must stop using it immediately.
By using the Service, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS) AND BY Sugarhub¡¯S PRIVACY POLICY. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE SERVICE AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE.
The Service are intended solely for users who are Seventeen (17) years of age or older, and any registration, use or access to the Service by anyone under 17 is unauthorized, unlicensed, and in violation of this Terms of Use. Sugarhub 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 Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 17.
The license to use the Services is not valid in any jurisdiction where prohibited.
The use of the Service with someone else's account is not allowed. If you use the Service with someone else's account, you may be subject to sanctions under the law. Notwithstanding any other provision of these Terms and Conditions, the Service will not be held liable to any person who uses the Service with someone else's account.
The Service may, at its sole discretion, change these Terms at any time without prior notice to you. If you continue to use the Service after any changes to these Terms and Services, you will be deemed to have valid and irrevocable consent to the subsequent Terms. Therefore, when using the service, please refer to the Terms of Service posted on the Service from time to time.
You must prepare the communication terminal, communication means and power required to use the Service at your own expense and responsibility.
The service may be provided only to users who satisfy the conditions of registration information and other requirements that the Service deems necessary.
The Service may, at its discretion, change the contents of the Service in whole or in part and may suspend the Service at any time without prior notice to you.
To provide better service, the Service may display various information, including various notices, management messages and other advertisements related to the use of the service, in the service or directly to the user's mail account.
The service is committed to providing the best service and convenience to our users. Nonetheless, the provision of services may be temporarily suspended for periodic or temporary maintenance for the maintenance of the equipment or for any other reason.
After opening an Sugarhub account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account. All activity using registered password can be regarded as the account owner¡¯s activity.
The Service may suspend or block your account without prior notice to you if the Service believes that you are in breach of these Terms. In addition, without prior notice the Service may delete the accounts which are more than one year from the last access date.
Any usage rights you have in the Service will be terminated for any reason at the time the account is deleted. All usage rights to the Service may not be transferred, borrowed or inherited to any third party. Please note that if you accidentally delete your account, you will not be able to recover your account.
If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control the use of that Device. You must delete any Software from the Device if you cease to have the legal right to control use of the Device.
Content transmitted by the use of the Service is entirely the responsibility of the person from whom such content originated. You use the Service at your own risk and understand that by using the Service, you may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. Sugarhub does not endorse any content and expressly disclaims any and all liability in connection with any and all content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Sugarhub Service from any and all claims and demands arising out of or relating to any content.
The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, videos, text, graphics, items or other materials (collectively, "User Content"). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings.
You agree that you are solely responsible for your User Content and that Sugarhub is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content via the Service, you hereby grant us a nonexclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Sugarhub Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Sugarhub Content may violate such laws and these Terms. Except as expressly provided in these Terms, Sugarhub does not grant any express or implied rights to use Sugarhub Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sub-license, or exploit in any way, in whole or in part, Sugarhub Content, the Services or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Sugarhub Content. This license is revocable at any time. This license is subject to these Terms.
Any use of the Services or Sugarhub Content other than as specifically authorized in these Terms, without the prior written permission of Sugarhub, is strictly prohibited and will terminate the license to use Sugarhub granted in these Terms.
By using the Service you agree to let the Service collect information about your usage of the application, including interactions with Snaps. For example, when you open a message or capture a screenshot of Video, we attempt to detect those interactions. You agree that we will share the fact that you took these actions with the sender of the message. You also agree to let Sugarhub collect certain types of information from and about your device. For example, if you choose to use our "Encounter" feature, you agree to let Sugarhub access the address book on your device and upload data to its servers to sync your contacts and find which of your friends are already Sugarhub users.
For more information about the information we collect from you and your device and Sugarhub's privacy practices, please review our Privacy Policy.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
· Use the Services for any purpose that is illegal, beyond the scope of their permitted use, or otherwise prohibited in these Terms
· Act in a manner that may interfere with or inhibit public order or morals
· discriminate on the basis of excessive violent expression, do explicit sexual expression, do discrimination in respect of race, nationality, creed, gender, social status, do expression of incitement or encouragement of suicide, self- harm or substance abuse, or do transmit or post any offensive expressions.
· Offer, harmonize or support the interests of criminal or anti-social forces such as terrorism, violence, drugs, trafficking, etc.
· Engage in religious activities or engage in religious organizations.
· Use or attempt to use another user's account without authorization
· Collect, disclose, or provide any other person's personal information, registration information, or usage information illegally.
· Create data through recording, capturing, or shooting during the use of this service, or distribute the generated data to a third party or distribute through third party.
· Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner
· Break the security of the Services
· Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials
· Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data
· Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services
· Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access
· Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so
· Engage in any harassing, intimidating, predatory or stalking conduct;
· Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity
· Violate the publicity, privacy or data protection rights of others, including by taking pictures or recording video of another individual without receiving that individual's consent
· Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
· Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Sugarhub account, Stories, Sugarhub username, or a friend link without Sugarhub's prior written consent
· Develop any third-party applications that interact with User Content or the Services without our prior written consent
· Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply when posting reviews of Sugarhub, including the iTunes App Store Terms of Use and/or the Android Market Terms of Use. Posting account information, username or nickname of Sugarhub in app store reviews is strictly prohibited and may result in the deletion of your Sugarhub account.
Any comments, suggestions, or feedback relating to the Software or any of the Services (¡°Feedback¡°) submitted to Sugarhub shall become the property of Sugarhub. Sugarhub will have exclusive ownership of all rights to the Feedback. Sugarhub will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Sugarhub will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Sugarhub includes virtual currencies known as ¡°Tokens¡±, ¡°Coins¡± and ¡°Credits¡± (collectively ¡°Virtual Currency¡±) which may be purchased by Members with real currency and can then be used for a limited license right(s) to utilize certain features of our product when, as, and if allowed by Sugarhub subject to these Terms of Uses. The purchase of Virtual Currency is a purchase of a limited, non-transferable, revocable license. The license may be terminated immediately by Sugarhub without notice, refund or compensation if:
· your account is terminated for any reason, in Sugarhub's sole and absolute discretion, or
· Sugarhub imposes an expiration date of the usage of Virtual Currency in compliance with applicable laws and regulations. Purchases of Virtual Currency are non-refundable for any monetary sum at any time. Virtual Currency has no redeemable value and cannot be returned or refunded once purchased.
Sugarhub makes no guarantee as to the availability of Virtual Currency, or the features, services, or merchandise available for purchase with Virtual Currency. Every order you place for Virtual Currency through Sugarhub will be deemed your offer to purchase Virtual Currency.
We may accept your offer through delivery of the Virtual Currency purchased and deposited into your Virtual Currency account. Our acceptance of each order for Virtual Currency is expressly subject to and conditional upon your acceptance of these Terms of Use and our determination that the offer is based upon a legitimate intent to purchase. Purchased Virtual Currency will be available for use as soon as reasonably practicable.
All prices we show on Sugarhub for Virtual Currency or use or access to features or merchandise are subject to change without notice. Prices stated at beginning of delivery apply.
Virtual Currency purchased must be used exclusively on Sugarhub to exchange for virtual merchandise or to use one of the features on Sugarhub. In addition, Virtual currency can be used only on the account which bought the virtual currency.
By agreeing to these Terms of Use and completing a purchase transaction, you agree to pay for such Virtual Currency and that we may charge your selected payment method to collect any such payments.
All inquiries, including disputes, related to your purchase of Virtual Currency on Sugarhub must be directed to our customer center. Disputes, including the request for a refund or chargeback, processed through your credit card company or phone carrier may result in the immediate termination or suspension of your account.
Upon termination or suspension, any remaining Coins or Credits balance in your account will be forfeited.
Virtual Currency can be used for six months from the date of purchase, and will expire after six months from the date of purchase.
If you purchased Virtual Currency but have not used it at all, you can apply for a refund through the Customer Center within 7 days of purchase. However, refunds are not available if you already used some of the purchased Virtual Currency.
Even if the user did not use the purchased Virtual Currency and it is within 7 days from the date of purchase, the Virtual Currency will not be refunded if the user¡¯s account is suspended due to his/her responsibility.
Sugarhub may offer the ability for Members to have their Credits balance automatically replenished (¡°topped-up¡±) when they reach a certain set threshold, using your most recent payment method.
You acknowledge and agree that the Service and any software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by Sugarhub or an advertiser, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software, or advertisers. Content, in whole or in part.
Sugarhub grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer or device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, infringe or otherwise transfer or attempt to transfer any Rights in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Sugarhub for use in accessing the Service.
You acknowledge and agree that:
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sugarhub expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Sugarhub makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. You will be solely responsible for any damage to your or others¡¯ computer system or loss of data that results, directly or indirectly, from the download of any such material.
No advice or information, whether oral or written, obtained by you from Sugarhub or through or from the service shall create any warranty not expressly stated in the terms of use. You acknowledge and agree that Sugarhub uses commercially reasonable efforts to protect its members, but that Sugarhub does not guarantee that the use of the service will be safe or secure.
"YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Sugarhub, ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING Sugarhub, COLLECTIVELY THE ¡°Sugarhub PARTIES¡±), 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 THIS TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF Sugarhub).
If you downloaded the Software from the app marketplaces, you acknowledge that, in the event of any third party claim that the Software or Services or your possession and use of the Software or Services infringes any third party¡¯s intellectual property rights, as between Sugarhub and the app marketplaces, Sugarhub, not the app marketplaces, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Sugarhub reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Sugarhub, and you agree to cooperate with Sugarhub¡¯s defense of these claims. You agree not to settle any matter without the prior written consent of Sugarhub."
Except where prohibited by law, in no event will Sugarhub be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Sugarhub has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Sugarhub for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Sugarhub is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Sugarhub's liability will be limited to the maximum extent possible under applicable law.
YOU AND Sugarhub AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Software from the app marketplaces, you further acknowledge that the app marketplaces has no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Sugarhub makes no representations that the Services are appropriate or available for use in any location outside the South Korea. Those who access or use the Software and/or Services from other jurisdictions are entirely responsible for compliance with all local laws.
This Terms of Use is governed by the laws of the South Korea as such laws are applied to agreements entered into and to be performed entirely within South Korea between South Korean, and by the laws of the South Korea.
The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Terms of Use.
You agree that the Services shall be deemed solely based in South Korea and each a passive Service that does not give rise to personal jurisdiction over Sugarhub, either specific or general, in jurisdictions other than South Korea.
You further agree that the courts located in South Korea shall have exclusive jurisdiction and venue over all controversies and disputes in connection herewith, including but not limited to any controversies or disputes arising from or related to the Software, Services, Content or this Terms of Use.
You agree not to commence or prosecute any action against any Sugarhub Parties other than in courts located in South Korea, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in such courts.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Sugarhub.
Sugarhub welcomes comments, questions, concerns, or suggestions. Please mail to help@sugarhubltd.com