I. Statement
1.
Users shall read carefully and understand fully the whole content of this
Service Agreement (hereinafter referred to as the “Agreement”), especially the clauses
exempting or restricting the liabilities of INSTACHEW INFINITY APP, the clauses
restricting user rights and the clauses of applicable laws and of dispute
resolution. Users shall pay special attention to the clauses that exempt or
restrict liabilities highlighted with underlines and take risks into their own
consideration.
2.
Users shall read carefully and understand fully the content of the Agreement
before determining whether to accept it. Upon accepting the whole content of
this Agreement, users may register, login or use relevant services involved
therein. Any registration, login or use by users will be deemed as the
acceptance of the whole content of this Agreement.
3.
This Agreement is entered by and between users (referred to as the “users” hereinafter) and INSTACHEW INFINITY (MQRS
HOLDINGS INC., referred to as the “INSTACHEW INFINITY APP” hereinafter) on the registration and login of INSTACHEW INFINITY APP and
the use of its services. This Agreement defines the rights and obligations of INSTACHEW
INFINITY APP and users on the “INSTACHEW INFINITY APP” services. “Users”
refer to individuals or organizations that register, login, use, browse, and
obtain the services under this Agreement.
4.
The content of this Agreement may be updated by INSTACHEW INFINITY APP at any time
and users may view the latest terms of the Agreement on the official website of
the INSTACHEW company. Upon being published, the updated terms of the
Agreement shall supersede the previous ones. Users shall discontinue the use of
the services provided by INSTACHEW INFINITY APP if they do not agree to the updated
terms.
II. Rules of registration and use
1. INSTACHEW
INFINITY APP only provides users with platform services in information storage and
sharing, while users must be responsible for all the actions taking place under
their own registered account, including unfavorable consequences caused by any
content or information delivered to the INSTACHEW INFINITY APP platform by users.
Such consequences include but are not limited to damages, fines, costs of
judicial/arbitration procedures, attorney fees, reasonable expenses, and damage
to INSTACHEW INFINITY APP.
2.
Any content or information posted by users during their use of the INSTACHEW
INFINITY APP services does not reflect or represent the views, stances or policies
of INSTACHEW INFINITY APP. INSTACHEW INFINITY APP shall not be held accountable for any of
such content or information.
3.
Due to business development or emergencies, INSTACHEW INFINITY APP is subject to
temporary changes, which may result in the suspension, restriction or
termination of part or all of its services. INSTACHEW INFINITY APP will do its best
without guarantee to give the prior notice. Users shall acknowledge it and be
willing to bear such risks.
4. INSTACHEW
INFINITY APP owns the accounts of the APP and users obtain the right to use the INSTACHEW
INFINITY APP account upon completing the registration. Users may change or delete
the personal profile, registered information or delivered content under the INSTACHEW
INFINITY APP account or on the platform. INSTACHEW INFINITY APP shall not be held
accountable for any loss of words, pictures or videos caused by users’ such operation as changing or deleting related information by
themselves.
5.
Users shall be responsible for properly maintaining the registered account
information and the password security and bear the legal liability for any
action under the registered account. Any legal liability caused by lending,
leaking or stealing of the account or password shall be borne by the users
themselves. Users confirm that in no case shall they use any other user’s account.
6.
Users shall abide by all the terms of this Agreement and use the services in a
correct and appropriate manner.
7.
For the purpose of preventing any waste of resources, INSTACHEW INFINITY APP
reserves the right to delete the account if users do not login to it for a
continuous period of three months upon the registration of the account. Any
loss incurred shall be borne by the users themselves.
III. Privacy protection
1.
Definition:
(1)
Personal private information refers to information that enables the
identification of the individual user or involves personal communication,
including user’s real name, identification number, mobile
phone number, bank account number and IP address.
(2)
Non-personal private information refers to basic recorded information that is
explicitly and objectively reflected at the INSTACHEW INFINITY APP server terminal,
such as the status of operating or habitual use of the services by users, and
all the other general information than the personal private information, as
well as any of the aforementioned private information that users have agreed to
disclose.
2. INSTACHEW
INFINITY APP respects the privacy of users’ personal
private information and thus will take appropriate measures to protect such
information. INSTACHEW INFINITY APP shall not disclose users’ personal private information to any other third party than
cooperating organizations without users’ consent,
unless otherwise required by government institutions as specified by laws or
which are entitled to such access according to laws, or agreed by users.
3.
Users represent and warrant that they own the corresponding and legal right for
the information they post. Otherwise, INSTACHEW INFINITY APP may delete or block the
information posted by users in accordance with laws or this Agreement.
4.
Users shall ensure that the information they post do not contain any of the
content that:
(1)
violates the prohibitions in national laws or regulations;
(2)
involves political propaganda, feudal superstitions, sexually suggestive
information, gambling, violence, terrorism or abetting the commission of
crimes;
(3)
is fraudulent, false, inaccurate or misleading;
(4)
infringes upon the intellectual property right of any other person or involves
the trade secret or any other exclusive right of a third party;
(5)
infringes upon the legal rights and interests of any other person, such as
insults, defamation, threats or any other information that involves the privacy
of any other person;
(6)
consists of any such malware or program code as viruses, Trojan viruses and
Python viruses that may damage, tamper, delete, or affect any normal operation
of the INSTACHEW INFINITY APP system or secretly obtain the data and personal
profile from INSTACHEW INFINITY APP or other users without authorization;
(7)
involves any other information that goes against social public interests or
public morality, or is unsuitable for being posted through INSTACHEW INFINITY APP in
accordance with related INSTACHEW INFINITY APP agreements or rules.
4.
Users shall bear any consequent risk by themselves when they choose to agree
during registration or otherwise agreed between users and INSTACHEW INFINITY APP and
its cooperating organizations on the disclosure or use of their personal
private information, and INSTACHEW INFINITY APP shall not be held liable for any
such risk.
5. INSTACHEW
INFINITY APP may at its own discretion collect or use or provide users’ non-personal private information to a third party to operate and
improve the technology and services provided by INSTACHEW INFINITY APP so that INSTACHEW
INFINITY APP can provide users with better user experience and improve the service
quality of INSTACHEW INFINITY APP. Please refer to INSTACHEW INFINITY APP User Privacy
Policy for more details.
IV. Approaches to breaches
1.
In the case of any breach arising out of the information posted by users on INSTACHEW
INFINITY APP, INSTACHEW INFINITY APP may instantly delete or block the information or
remove or monitor users’ commodities based on
related rules.
2.
Shall any behavior performed by users on INSTACHEW INFINITY APP, or not performed on
INSTACHEW INFINITY APP but affecting INSTACHEW INFINITY APP or its users constitute a
breach of the Agreement, INSTACHEW INFINITY APP may take corresponding measures
based on related rules, including deducting marks under the user’s account, restricting the user’s
participation in marketing activities, suspending part or all of the services
provided to the user, and deducting the liquidated damages. If users’ behavior constitutes a fundamental breach of the Agreement, INSTACHEW
INFINITY APP may close down their account and terminate the services provided
thereof.
3. If
users perform a particular behavior, such as committing fraud, selling fake
items or stealing others’ account, or pose
potential risks to others’ trade security or account
safety while breaching the Agreement, INSTACHEW INFINITY APP will take compulsory
measures including canceling and suspending payments based on the level of the
risk caused by their behavior.
4. INSTACHEW
INFINITY APP may publish on the APP the measures for the aforementioned breach by
users or other illegal information confirmed in written legal documents validated
by national administrative or judicial institutions.
V. Compensation liabilities
1.
If users’ behavior incurs loss to INSTACHEW INFINITY APP
and/or its associating companies (including its own direct financial loss and
goodwill loss and indirect financial loss such as damages, settlement payments,
attorney fees and legal costs paid to external parties), users shall compensate
INSTACHEW INFINITY APP and/or its affiliating companies for all of the
aforementioned loss.
2.
If users’ behavior causes claim of right by a third
party to INSTACHEW INFINITY APP and/or its associating companies, INSTACHEW INFINITY APP
and/or its associating companies shall claim all of the loss from users after
fulfilling the obligation of paying to the third party for such loss.
3.
If users’ behavior causes loss to a third party or
users delay the performance of a mediation decision, INSTACHEW INFINITY APP and/or
its associating companies may deduct the amount from users’ account for payment for the purpose of protecting social public
interests or consumers’ rights and interests. If users’ balance amount or deposit is insufficient to cover the
aforementioned payment, users shall pay off the balance due and compensate INSTACHEW
INFINITY APP for all of the loss incurred thereof.
VI. Intellectual property
1.
All the INSTACHEW INFINITY APP icons, words and their components, and any other INSTACHEW
INFINITY APP logos and names of products and services involved in the INSTACHEW INFINITY
APP services are the commercial marks of INSTACHEW INFINITY APP (referred to as the “INSTACHEW INFINITY APP marks” hereinafter). Users
shall not exhibit or use the INSTACHEW INFINITY APP marks, or register a trademark
or domain using them in any manner. Neither shall they perform any behavior
that expresses or implies to others that they have the right to exhibit or use
the INSTACHEW INFINITY APP marks or handle them in any other manner. Users shall
assume relevant legal liabilities for any loss caused to INSTACHEW INFINITY APP or
others due to illegal use of the INSTACHEW INFINITY APP marks.
2.
The platform services include the INSTACHEW INFINITY APP operated websites, web page
applications, software and the words, pictures, videos and audios contained
therein. INSTACHEW INFINITY APP is entitled to the full intellectual property right
to its service logos, marks and any of the aforementioned elements.
VII. Exemption of liabilities
1. INSTACHEW
INFINITY APP and its cooperating organizations shall not be held liable for any loss
caused by a third party, such as communication line failure, technical
problems, network, computer failure or system instability of the
telecommunications sector, or any other force majeure.
2.
In the case of the normal operation of services being affected by force majeure
events such as natural disasters, strikes, government actions and judicial and
administrative orders, INSTACHEW INFINITY APP and its cooperating organizations
undertake that they will work with related organizations immediately to handle
and remedy it but shall not be liable for any loss caused to users.
3.
While INSTACHEW INFINITY APP has maximized its efforts to avoid such cases, users
may still be affected by a diversity of factors in their use of the services,
such as Internet service quality and information security, social environment,
users’ operation mistakes, equipment and system
maintenance or failure. They might be harassed by a variety of problems, such
as the attack of computer viruses or hackers, system instability, users’ location, users’ shutdown and any other
service interruption or failure to satisfy users’
requirements due to technical, network or communication line problems. Users
shall fully understand the aforementioned risks and take them at their own
peril, while INSTACHEW INFINITY APP shall not be liable for any of such events.
VIII. Miscellaneous
1.
The invalidation of part or all of the clauses of this Agreement shall not
affect the validity of other clauses.
2.
The interpretation, validity and resolution of disputes under this Agreement
shall be subject to the laws of ONTARIO, CANADA
3.
Users and INSTACHEW INFINITY APP shall settle any conflict or dispute through
friendly negotiation and shall such resolution fail, users agree to submit the
case to the Court with jurisdiction in the place where this Agreement is
signed.
4. INSTACHEW
INFINITY APP reserves the right to interpret and amend this Agreement.
5.
The place where this Agreement is signed is TORONTO, ONTARIO, CANADA.
6.
The INSTACHEW INFINITY APP User Privacy Policy constitutes a supplementary agreement
to this Agreement and shall have the equivalent legal force with this
Agreement.