Policy effective date: Oct 23, 2018
# USER AGREEMENT
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING P&S ("PRODUCTS OR SERVICES OF YOLO NET TECHNOLOGY LTD"). BY DOWNLOADING, INSTALLING, OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE THE PRODUCT AND SERVICE.
This user agreement is between you ("you"), as either an individual or as a business entity, and us ("YOLO NET TECHNOLOGY LTD"). Touchcall is not designed to the person under 13 years old, who shall stop using Touchcall and its services and shall delete all the files if it is already installed. In exchange for your use of the Product and Service, you agree as follows:
You acknowledge that you have only a non-exclusive and limited right to use the object code version of the product on the personal or non-commercial purposes. You may make a single copy of the product in object code form for archival or backup purposes. You shall include all notices on all copies of the products. You may not reverse engineer, crack, decompile or disassemble the product or attempt to gain access to the source code for the product, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
You will not transfer or assign the product or this UA (User Agreement) and/or any rights or obligations hereunder without the prior written consent of Touchcall.
Your rights under this UA will automatically terminate if you breach any of items under this UA. Upon violation of the UA, Touchcall can, in our sole discretion, disable your account for a while or permanently. Upon any termination of this UA, you will destroy all copies of the product promptly.
All rights not expressly granted are reserved by us.
You shall register an account and submit the required information for access to the product and service. You shall provide your personal data to Touchcall and make sure that the data are accurate and complete. You shall be responsible for safeguarding the password or credentials that you use to access the product and service and for any activities or actions under your account. We cannot and will not be liable for any loss or damage arising from your failure to manager your account.
Touchcall reserves the right to terminate a registered account if you are in violation of any or whole items of this UA or conduct any infringement on third party right or you are in violation of any applicable laws and regulations.
By using the product, you may call other users for free. In exchange with free call, you should earn credits by downloading recommended apps or watching advisements provided by Touchcall or our business partner. You shall warrant and guarantee to comply with the call feature guidelines stipulated by us.
You are prohibited from earning Touchcall's credits unduly through any deceptive means, whether technological or not, including but not limited to:(1) providing virtual number to Touchcall for registration to earn credits; (2)using plug-ins or any other similar program to simulate a click or request to the advertisement in order to generate fraudulent credits.(3)tampering maliciously with the MCC(Mobile Country Code) of you mobile device to trick the Touchcall server for fraudulent credits, etc.
You may be charged for using some specified feature as stated in our product. In the event that you do not want to use or pay for such service, you shall not make any payment. Any payment from you for the service will be deemed your consent to use the service and the charge.
For the purpose of payment, Touchcall may provide you with the third payment services platform. When you start the payment procedure, you will leave our product and for payment purpose you may be required to provide your information to the third party service platform, you acknowledge and agree that any activity on third party payment platform shall not be liable by us and you shall be responsible for the decision and activity on the third-party service platform.
IV. Infringement Indemnity; Limited Warranty; Limitation of Liability
Neither Touchcall, nor its affiliates, subsidiaries will have any liability for any claim based upon or arising out of :(1) intentional or negligent acts of anyone other than us; or(2) the combination, operation or use of the product with any equipment, devices or software not supplied by Touchcall, or(3) the alteration or modification of product.
Touchcall does not represent or warrant that Touchcall will operate without interruption or will be error free. Especially in the following cases: (1) modification or alteration of the product made without the prior written approval of Touchcall, and(2) accident, neglect, misuse or abuse, or (3) exposure to conditions outside the range of the environmental, power and operating specifications provided by Touchcall.
To the full extent permitted by applicable laws or regulations, this section states the entire liability of Touchcall, its affiliates, subsidiaries and your sole remedy with respect to any claim of infringement.
Except as expressly set forth in this UA, neither Touchcall, its affiliates， subsidiaries make any other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. Touchcall, its affiliates, subsidiaries expressly disclaim all warranties not stated in this UA. Any implied warranties that may be imposed by law are limited to the terms contained in this UA to the maximum extent permitted by law.
V. User Restrictions
You understand, agree that upon submitting or posting you content on or through Touchcall and its service, such content may be distributed, viewed and accessed and commented by others. Touchcall will not be responsible for or hold liable for any use of your content.
You hereby represent and warrant that you legally have the rights, power or authority to your content and to grant the rights as set forth in above. You also represent and warrant that your content and your or any other's use of your content will not infringe, misappropriate the third party intellectual property rights, rights of publicity or privacy, or will not be in violation of any applicable law and regulation.
Any user and the user's content of Touchcall and its service shall be prohibited from:
Sexually Explicit Material: Contents contain pornography are prohibited; this includes sexually explicit or erotic content, icons, titles, or descriptions.
Touchcall has a zero-tolerance policy against child sexual abuse imagery. If we become aware of content with child sexual abuse imagery, we will report it to the appropriate authorities and delete the submitting Accounts.
Violence and Bullying: Depictions of gratuitous violence are not allowed. User Content shall not contain materials that threaten, harass or bully other users.
Hate Speech: User Content shall not advocate against groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity.
Sensitive Events: User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not allowed.
Any user of Touchcall shall not use this product and its service in unlawful activities.
Infringement on third party's rights, including copyright, trademark, privacy and publicity rights are prohibited.
We reserve the right from time to time to remove and refuse to post, distribute any User Content on the Product at Touchcall's sole discretion. We also are entitled to suspend or terminate the account posting contents failure to be in compliance with this UA without any liability.
VI. Comments and Copyright Policy
You may post reviews, comments, and other contents in Touchcall as long as such materials is/are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, or any form of "spam". Touchcall takes no responsibility and assumes no liability for any content or comment posted by you or any third party but reverses the right to remove the illegal contents or comments at all the time.
Copyright Policy. You should not use Touchcall for infringement on the intellectual property rights of others, (including without limitation to patent, trademark, trade secret, copyright, and other proprietary rights), and if you, the copyright owner or an authorized representative, believe that any content infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the information as follows:
A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
Identification of the copyright claimed to have been infringed;
Identification of the material that is claimed to be infringing, and where it is located in the product;
Information reasonably sufficient to permit the service provider to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
VII. Miscellaneous Terms and Conditions
This UA constitutes the entire agreement between you and Touchcall with respect to the subject matter hereof and supersedes all previous and contemporaneous written and oral representations, proposals, negotiations and communications, including, without limitation, the terms and conditions of any purchase order.
Touchcall may assign this UA or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder. The invalidity or unenforceability of any provision of this UA will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
Touchcall will not be responsible for any failure to perform its obligations under this UA due to circumstances beyond its reasonable control， including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or accidents. You agree that Touchcall will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and Confidential Information of itself and its Licensors, including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.
This UA will in all respects, be governed by and construed and enforced in accordance with the laws of People's Republic Of China (PRC) (without giving effect to any choice or conflict of laws). Any dispute arising from or in connection with this UA or the product and service shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
I. Information We Collect
a. Personal Information.
We do not collect Personal Information. "Personal Information" is information that identifies you or another person, such as your first name and last name, physical addresses, email addresses, telephone, fax, SSN, information stored within your device.
b. Non-personal Information.
We collect your non-personal information when you visit our website, including your device information, operation system, logs, which would not identify you.
c. Information you provide.
We may collect your information when you communicate with us or you give us.
II. How We Use Information
a. Personal Information.
We do not store Personal Information and therefore we do not disclose your Personal Information.
b. Non-Personal Information.
We do not sell, trade, or otherwise transfer to outside parties your information. We do not combine Non-Personal Information with Personal Information (such as combining your name with your unique User Device number).
c. Legal Reasons
We may access, use or disclose your information with other organizations or entities for reasons that required by any applicable law, regulation, legal process or enforceable governmental request; detect, prevent, or otherwise fraud, security or technical issues; protect against harm to the rights, property or safety of us, our users or the public as required or permitted by law.
We are very concerned about safeguarding the confidentiality of your information. We do not collect Personal Information, and we employ administrative, physical and electronic measures designed to protect your Non-Personal Information from unauthorized access and use. Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorized access or use of your Non-Personal Information which is impenetrable.
IV. Sensitive Information
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) on or through an Application, the Services or the Site or otherwise to us.
If you have any questions or comments about this, please contact us: