Terms and
Conditions
Effective: July 15,
2023
Warning:
The software, including but not limited to computer software and mobile
software (collectively, the "App") may contain or be used to transmit
sexually explicit material that is intended for individuals 18 years of age or
older. If you are under the age of 18, if such material offends you, or if it
is illegal to view such material in your jurisdiction, do not continue.
THIS
DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS
AND REMEDIES. USING THE APP CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND
CONDITIONS.
The
terms "you", "your", and "yours" refer to all
users, and/or any user of the App. The terms "its", "we",
"us", "our" and "Longdistance" refer wholly or in
part to Longdistance Tech Inc., owner and operator of the App, and its related
subsidiaries and affiliates (hereinafter "the Company"or
"Longdistance"). The "Terms and Conditions" shall be
referred to as the "Agreement" hereinafter, and expressly incorporate
the Privacy Policy and the End User License Agreement.
The
Agreement forms a legally binding contract between you and Longdistance, Inc.
Please read them carefully. By using the App, or any of our other products or
services that link to these Terms (the "Services"), you agree to the
Agreement. If you do not wish to agree with these Agreement, do not download or
use the App, or immediately uninstall and delete the App from your computer or
mobile device.
ARBITRATION
AND CHOICE OF LAW NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A
CHOICE OF LAW CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT
ARBITRATION CLAUSE, YOU AND Longdistance AGREE THAT DISPUTES BETWEEN US WILL BE
RESOLVED BY MANDATORY BINDING ARBITRATION SET FORTH IN THE AGREEMENT, AND YOU
AND Longdistance WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION.
1.USER
CONDUCT
a.
Who Can Use the Services
No
one under 18 years of age is allowed to download the App, create an account, or
use the Services.
By
using the Services, you acknowledge that:
You
have the capacity and desire to form a binding contract with the Company;
You
will comply with these Terms and all applicable local, state, national, and
international laws, rules, and regulations;
If
you are using the Services on behalf of a business or some other entity, you
acknowledge that you are authorized with full capacity to agree to these Terms
on behalf of the business or entity.
By
using the App and Services, you also acknowledge that you have reviewed, and
that you consent to the terms of the Company's Privacy Policy and End User
License Agreement.
b.
Your Rights
The
Company grants you a personal, worldwide, royalty-free, non-negotiable,
non-exclusive and revocable right to access and use the Services. This license
is for the sole purpose of enabling you to use and enjoy the Services
consistent with these Terms and our usage policies.
You
may not copy, modify, distribute, sell, or lease any part of our Services, nor
may you reverse engineer or attempt to extract the source code of that
software, unless laws prohibit these restrictions, or you have our written
permission to do so.
c.
Our Rights
We
respect your privacy and, as a policy, do not review the Content transmitted by
our users, unless required by law to do so in certain circumstances. However,
you alone remain responsible for the Content that you create, upload, post,
send, or store through the Service.
The
Services may contain advertisements. You agree that we, our affiliates, and our
third-party partners may place advertising on the Services.
License
is required for software not developed by Longdistance to connect to any
Longdistance product.
d.
Content Created by Others
The
Content transmitted via the App is the sole responsibility of the person or
organization that submitted it. We do not assume responsibility for any Content
that others provide through the Services.
e.
Waiver and Public License
To
the greatest extent permitted by applicable law, you hereby overtly, fully,
permanently, irrevocably and unconditionally waive, abandon, and surrender all
of the Copyright and Related Rights and associated claims and causes of action,
whether now known or unknown (including existing as well as future claims and
causes of action), in the Content (i) in all territories worldwide, (ii) for
the maximum duration provided by applicable law, (iii) in any current or future
medium and for any number of copies, and (iv) for any purpose whatsoever,
including without limitation commercial, advertising or promotional purposes
(the "Waiver"). Should any part of the Waiver for any reason be
judged legally invalid or ineffective under applicable law, to the extent the
Waiver is so judged, you hereby grant to each affected person a royalty-free,
non-transferable, non-sublicensable, non-exclusive, irrevocable and
unconditional license to exercise your Copyright and Related Rights in the
Content (i) in all territories worldwide, (ii) for the maximum duration
provided by applicable law or treaty (including future time extensions), (iii)
in any current or future medium and for any number of copies, and (iv) for any
purpose whatsoever, including without limitation commercial, advertising or
promotional purposes (the "License"). Should any part of the License
for any reason be judged legally invalid or ineffective under applicable law,
such partial invalidity or ineffectiveness shall not invalidate the remainder
of the License, and in such case your hereby affirms that your will not (i)
exercise any of your remaining Copyright and Related Rights in the Content or
(ii) assert any associated claims and causes of action with respect to the
Content.
2.PRIVACY
a.
Privacy Policy
By
using the App, you agree and consent that your use of our Services and our
collection and processing of your data, including information transmitted to or
stored by Longdistance, Inc. and its sites or affiliates, is governed by
Longdistance Privacy Policy. This policy is published here.
b.
Respecting Other People's Rights
You
agree not to misuse this Site. You will not: commit or encourage a criminal
offense; transmit or distribute a virus, worm, or any other material which is
malicious, technologically harmful, in breach of confidence, or in any way
offensive or obscene; hack into any aspect of the Services; corrupt data; cause
annoyance to other users; infringe upon the rights of any other person's
proprietary rights; send any unsolicited advertising or promotional material
(commonly referred to as "spam"); or attempt to affect the
performance or functionality of any computer facilities or access through this
Site. Breaching this provision would constitute a criminal offense and we will
report any such breach to the relevant law enforcement authorities and disclose
your identity to them.
You
may not use the Services, or enable anyone else to use the Services, in a
manner intentional or not that:
violates
or infringes someone else's rights of publicity, privacy, copyright, trademark,
or other intellectual-property right;
bullies,
shames, harasses, or intimidates others;
defames;
spams
or solicits our users.
These
Terms do not grant you any right to do any of the following (or enable anyone
else to do so):
use
branding, logos, designs, photographs, videos, or any other materials used in
our Services;
copy,
archive, download, upload, distribute, syndicate, broadcast, perform, display,
make available, or otherwise use any portion of the Services or the content on
the Services except as set forth in these Terms;
use
of the Services, any tools provided by the Services, or any content on the
Services for any commercial purposes without our consent.
You
may not use the service or the content on the Services in ways that are not
authorized by these Terms. Nor may you help anyone else in doing so.
3.
THIRD-PARTY COPYRIGHT
Longdistance
honors the requirements of relevant copyright laws. We take reasonable steps to
remove from our Services any infringing material that we become aware of. If
Longdistance becomes aware that one of its users has repeatedly infringed third-party
copyrights, we will take reasonable steps within our power to terminate the
user's account.
We
make it easy for you to report suspected copyright infringement. If you believe
that anything on the Services infringes any third-party copyright, please
contact us at service@hytto.com.
4.
SAFETY
We
try hard to keep our Services a safe place for all users. But we can't
guarantee it. That's where you come in. By using the Services, you agree that:
You
will not use the Services for any purpose that is illegal or prohibited in
these Terms.
You
will not use any robot, spider, crawler, scraper, or other automated means or
interface to access the Services or extract other user's information.
You
will not use or develop any third-party applications that interact with the
Services or other users' content or information without our written consent.
You
will not use the Services in a way 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.
You
will not use or attempt to use another user's account, username, or password
without their permission.
You
will not solicit login credentials from another user.
You
will not post content that contains or links to graphic violence, threats, hate
speech, or incitements to violence.
You
will not upload viruses or other malicious code or otherwise compromise the
security of the Services.
You
will not attempt to circumvent any content-filtering techniques we employ, or
attempt to access areas or features of the Services that you are not authorized
to access.
You
will not probe, scan, or test the vulnerability of our Services or any system
or network, unless previously authorized by us.
You
will not encourage or promote any activity that violates these Terms.
Please
pay attention to traffic safety, do not use our Services and/or Products in a
way that would distract you from obeying traffic or safety laws.
5.
ACCOUNT SECURITY
You
are responsible for any activity that occurs in your account. It is your
responsibility to maintain the security of your account. By using the Services,
you agree to this. If at any time you believe that someone else has gained
access to your account with or without your permission, please immediately
reach out to service@.hytto.com.
6.
DATA CHARGES
You
are responsible for any charges that you may incur for using our Services,
including data charges for sending and receiving messages. You may block users
from sending you messages by deleting friends, denying friend requests, or
adding users to a blocked list.
7.
AMENDMENT TO TERMS
Longdistance,
Inc. maintains the right in its absolute discretion, at any time and without
notice, to amend, remove or vary the Services, the App, or these Terms.
8.
INDEMNITY
You
agree to defend, indemnify, and hold Longdistance, Inc., its officers,
directors, employees and agents harmless from and against any third-party
claims, liabilities, damages, losses, and expenses, including, without
limitation, reasonable legal fees, arising out of or in any way connected to
your negligence; and breach or violation of this Agreement.
9.
DISCLAIMER
THE
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE
EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION,
WHILE Longdistance USES ITS BEST EFFORTS TO PROVIDE A GOOD USER EXPERIENCE, WE
DO NOT WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR
TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR
IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN
ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
Longdistance
TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU,
ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR
STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE
EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE
INAPPROPRIATE, NONE OF WHICH Longdistance WILL BE RESPONSIBLE FOR.
10.LIMITATION
OF LIABILITY
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, Longdistance AND OUR MANAGING MEMBERS,
SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR
MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY
OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES,
RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR
THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR
CONTENT, EVEN IF Longdistance HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL Longdistance'S AGGREGATE LIABILITY FOR ANY AND ALL
CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID FOR YOUR LONGDISTANCE
DEVICE, IF ANY, IN THE LAST 90 DAYS.
11.GOVERNING
LAW AND DISPUTE RESOLUTION, WAIVER OF LITIGATION PROCEEDINGS
PLEASE
READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND
Longdistance TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH ARBITRATION.
a.
Any dispute, controversy, difference or claim arising out of or relating to
this Agreement, including the existence, validity, interpretation, performance,
breach or termination thereof or any dispute regarding non-contractual
obligations arising out of or relating to it shall be referred to and finally
resolved by arbitration administered by the Hong Kong International Arbitration
Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the
Notice of Arbitration is submitted. The applicable law of this arbitration
clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The
number of arbitrators shall be one. The arbitration proceedings shall be
conducted in English.
b.
Choice of Law and Venue. By using the Services and agreeing to the Agreement,
you agree that the governing law of the Agreement shall be the law of the Hong
Kong Special Administrative Region of the People's Republic of China, without
regard to principles of conflict of laws.
c.
Waiver of Jury Trial. Should any dispute under the aforementioned arbitration
clause be submitted to, for instance, a US court which otherwise holds that the
above arbitration clause is invalid and that the case submitted to it is
admissible and the court has jurisdiction over the case, YOU AND Longdistance
WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A JURY TRIAL, IF IT IS
ALLOWED BY THE LAW OF THAT STATE.
d.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE
SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS
AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE
ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If, however, this waiver of class or consolidated actions is deemed invalid or
unenforceable, neither you nor we are entitled to arbitration; instead all
claims and disputes will be resolved in a court as set forth herein.
12.ENTIRE
AGREEMENT
The
above Terms and Conditions constitute the entire agreement of the parties and
supersede any and all preceding and contemporaneous agreements between you and
Longdistance, Inc. Any waiver of any provision of the Terms and Conditions will
be effective only if in writing and signed by an Officer of Longdistance, Inc.
13.Prevailing
Language
The
English language version of this Agreement shall be controlling in all respects
and shall prevail in case of any inconsistencies with translated versions of
languages, if any.