1. Definitions Used in the Agreement.
1.1. The User Agreement is a public offer. Actual use of Bright Mobile Application by the User is considered as consent to (acceptance of) the terms and conditions of this Agreement.
1.2. The User means a person who has subscribed to the terms and conditions of this Agreement by using Bright Mobile Application.
1.3. The Licensor means the owner of exclusive property rights to Bright Mobile Application, including the design elements, text, graphics, pictures, videos, scripts, software, music, sounds and other objects and their compilations as well as databases generated as a result of use of those objects mentioned above.
2. Status of the Agreement.
2.1. This Agreement has been developed by the Licensor of Bright Mobile Application and contains the terms and conditions of use of Bright Mobile Application as well as the rights and obligations of the Users and the Licensor.
2.2. This Agreement shall be binding for the User and the Licensor; the subject matter of the Agreement shall be provision to the User of access to Bright Mobile Application and its functions by the Licensor. All specialized documents governing the granting of access to certain, including additional, functions of Bright Mobile Application contained on respective webpages in the Internet shall be an integral part of this Agreement between the User and the Licensor.
2.3. The User shall thoroughly read this Agreement upon installation of Bright Mobile Application on his/her mobile device. Installation of Bright Mobile Application by the User on his/her mobile device shall mean complete and unconditional acceptance by the User of this Agreement.
2.4. This Agreement may be unilaterally amended and/or supplemented by the Licensor without special notification. This Agreement is a public, generally accessible document. The applicable version of the document can be found at http://engbright.com/terms.html in the Internet. The Licensor recommends the Users to regularly check the terms and conditions of this Agreement for any amendments and/or supplements hereto. By continuing use of Bright Mobile Application after any amendments and/or supplements to this Agreement take effect, the User accepts and consents to such amendments and/or supplements.
3.1. Registration of the User is free of charge, voluntary and automatic upon installation of the Mobile Application on the User's Mobile Device.
3.2. The User is an individual registered as applicable in accordance with this Agreement.
3.3. By installing Bright Mobile Application, the User shall agree with the terms and conditions of this Agreement and undertake the rights and obligations set forth herein related to the use and functioning of Bright Mobile Application.
3.4. When using Bright Mobile Application, the User shall not:
- use Bright Mobile Application in any way other than through the interface provided by the Licensor, except when such use by the User is clearly authorised in a separate agreement with the Licensor;
- reproduce, duplicate, copy, sell, trade and resell access to Bright Mobile Application, including the additional functionality thereof, for any purposes, except when such User's actions are expressly authorised in a separate agreement with the Licensor.
4.1. In this Agreement and other specialized documents, the Licensor of Bright Mobile Application shall mean LANGUAGE APPS LIMITED, a company incorporated in accordance with the laws of Hong Kong and registered at SHOP 321, 3/F, GOLDEN LEAGUE BUILDING, 76-82 CASTLE PEAK ROAD, KOWLOON HONG KONG.
4.2. Any inquiries, proposals and claims from individuals and legal entities addressed to the Licensor in connection with this Agreement and any issues regarding functioning of Bright Mobile Application, infringement of rights and interests of third parties while using Bright Mobile Application and requests from persons authorised in accordance with the laws of Hong Kong shall be sent to the postal address of LANGUAGE APPS LIMITED provided in clause 4.1. of this Agreement.
4.3. As regards functioning and development of Bright Mobile Application, the Licensor shall comply with the laws of Hong Kong, this Agreement and other specialized documents which are developed or may be developed and effected by the Licensor for the purpose of regulating the User's access to certain functions of Bright Mobile Application.
4.4. Neither of the provisions of this Agreement shall entitle the User to use the company name, trademarks, domain names and other identification signs of the Licensor. The right to use the company name, trademarks, domain names and other identification signs of the Licensor may be granted exclusively in an agreement with the Licensor in writing.
4.5. After the User’s registration is complete, the Licensor shall undertake the rights and obligations to the User specified in this Agreement.
4.6. The Licensor shall be entitled to:
- at any time at its own discretion unilaterally change the design, content and structure of Bright Mobile Application, change or supplement the used scripts, software and other objects used or stored on the server and visualised for the Users;
- where necessary, send the Users notifications regarding use of Bright Mobile Application by e-mail;
- suspend, limit or withdraw access of the registered User to all or any sections of Bright Mobile Application with or without prior notification;
- at its own discretion without prior notification and/or without assigning any reasons thereof:
- change, improve, limit, suspend or terminate operation of Bright Mobile Application and any of its sections and/or materials;
- deny access to Bright Mobile Application and/or any of sections thereof to any unregistered User.
4.7. The Licensor shall use its best efforts and reserve the right to exclude from Bright Mobile Application any negligent, inaccurate, offensive, incorrect or intentionally incomplete information.
4.8. On the basis of Bright Mobile Application, the Licensor shall, taking into account settings selected by the User, using the data stored on Bright Mobile Application server, provide the Users with software for coloring pictures on mobile phones.
4.9. In no event shall the Licensor be liable to the Users and/or any third parties for any direct, indirect or accidental damage, including loss of profit or loss of data, any reputational or moral damage or damage to business reputation incurred in connection with or out of use of Bright Mobile Application or unauthorised placement by the Users of intellectual deliverables owned by third parties in Bright Mobile Application.
5. Intellectual Property Rights.
5.1. All materials used and contained in sections of Bright Mobile Application, any intellectual deliverables, including design elements, text, graphics, pictures, videos, scripts, software, music, sounds and other objects and compilations thereof (hereinafter referred to as the Content), as well as Bright Mobile Application itself shall be the intellectual property of the Licensor and shall be protected by provisions of the effective intellectual property laws of the Hong Kong and applicable regulations of international legal treaties. All rights to these objects are reserved.
5.2. Except when stipulated by these Rules and effective laws of the Hong Kong, no Content may be copied (reproduced), reprocessed, distributed, shown in a frame, published, downloaded, transferred, sold or used otherwise in full or in part without prior permit of the copyright holder, except for cases when the copyright holder expressly provided their consent to free use of the Content by any person. The Content shall not be reproduced, copied, collected, systematised, stored, transferred for the purpose of generating a database for commercial and/or non-commercial purposes and/or used in full or in part, regardless of the uses, without the Administration's consent.
5.3. Any use of Bright Mobile Application or the Content, except for the use authorised in this Agreement or expressly authorised by the copyright holder, shall be absolutely forbidden unless there is a preliminary permit of the copyright holder in writing.
5.4. Unless otherwise expressly stipulated by this Agreement, nothing in this Agreement may be considered as transfer of exclusive rights to the Content.
6. Subscribing and Unsubscribing Terms and Conditions. Bright Mobile Application Functionality.
6.1. The Users shall subscribe to services of Bright Mobile Application and manage their subscription settings through AppStore.
6.2. For the purposes of subscription management, the User shall follow the official instructions of Apple available in the Internet at https://support.apple.com/HT202039.
6.3. The information system and software of Bright Mobile Application do not have any technical solutions for automated censorship and control of activities and informational relations of its Users regarding the use of Bright Mobile Application, except for special technical solutions which may be implemented by the Licensor for the purposes of preventing and restraining infringement of third-party intellectual property rights.
6.4. The Licensor reserves the right to change, at any time, the design of Bright Mobile Application, its content, functions, change and supplement the scripts, software and other objects used or stored therein as well as any server-based applications at any time with or without prior notification.
6.5. The Licensor shall be entitled to use any statistical information related to Bright Mobile Application functioning and Users' information for the purposes of targeted advertising to various User groups. For the purposes of ensuring functioning and technical support and implementation of this Agreement, the Licensor shall have technical capabilities for accessing Users' personal pages, which shall be exercised only in cases stipulated by this Agreement.
6.6. The Licensor shall be entitled to send information about development of Bright Mobile Application and its functionality and advertise its own activities to the User.
7. Final Provisions.
7.1. This Agreement represents an entire agreement between the User and the Licensor with respect to the terms and conditions of use of Bright Mobile Application and its functionality and shall supersede any previous Agreements between the User and the Licensor.
7.2. This Agreement shall be governed and construed in accordance with the laws of the Hong Kong. All issues not regulated by this Agreement shall be governed by the laws of the Hong Kong.
7.3. By accepting the terms and conditions of this User Agreement in accordance with clause 2.3 of this Agreement, the User consents to transfer and use of his/her personal data collected by the Licensor by third parties for the purpose of implementation of this Agreement and ensuring better performance of Bright Mobile Application.
7.4. By accepting the terms and conditions of this Agreement in accordance with clause 2.3 of this Agreement, the User confirms that he/she has read and understood the internal fees set by the Licensor for use of Bright Mobile Application.
7.5. By accepting the terms and conditions of this Agreement in accordance with clause 2.3 of this Agreement, the User also consents to processing of his/her personal data collected by the Licensor for the purpose of distribution of information about any existing and new services in Bright Mobile Application, other information about Bright Mobile Application and the Licensor in a short message to the mobile phone number indicated by the User upon his/her registration, e-mail, by any other means through Bright Mobile Application, and to receiving advertising materials about existing and/or launched products and services provided by the Licensor as well as receiving information using the above mentioned contact details for the entire validity period of this Agreement and during 1 year after the end of use of Bright Mobile Application by the User.
7.6. Bright Mobile Application and its functionality, including all scripts, applications, content and website design are provided “AS IT IS”. The Licensor hereby waives any guarantees about suitability of Bright Mobile Application or its functionality for any particular purposes of use. The Licensor may not guarantee or promise any particular results of use of Bright Mobile Application and/or its functionality;
7.7. In no event, the shall Licensor or its representatives be held liable for the benefit of the User or any other third parties for any indirect, consequential or accidental damage, including loss of profit or loss of data, any reputational or moral damage or damage to business reputation suffered in connection with use of Bright Mobile Application, its content or other materials to which you or any other individuals gain access, even if the Licensor has warned or informed you about the possibility of such damage.
7.8. In case of any disputes or disagreements related to implementation of this Agreement, the User and the Licensor shall use their best efforts to settle such disputes by negotiation. If any dispute may not be settled by negotiation, such dispute shall be settled as applicable in accordance with the effective laws of the Hong Kong.
7.9. This Agreement shall take effect for the User upon his/her acceptance hereof and shall be effective for an unlimited period of time