Wehear Terms of Service
Published on: June 13th, 2022
We made a number of important updates to our Terms of Service. Please review carefully.
The services (including but not limited to the mobile application, products, websites and associated software as well as the services provided therein; hereinafter collectively, “Wehear” or “Services”) are provided by Star Reading Limited, its subsidiaries, and/or affiliates (collectively, “Star Reading”, “we”, “us” , or “our”), whose registered address is Room 2609, China Resources Building, 26 Harbour Road, Wanchai, Hong Kong. “You”, “your” and “user(s)” in these Terms (as defined below) refer to any person using the Services.
Please carefully read these Terms of Service (the “Terms”), which affect your legal rights and obligations. The Terms sets out the rights and obligations of all users regarding the use of the Service and constitutes a legally binding agreement between you and Star Reading Limited.
Wehear is not intended for children under the age of 17. The Services are available to individuals age 17 and over. Any access to or use of the Services by anyone under 17 is expressly prohibited and we will terminate your account. If you are between the ages of 17 and the age of majority where you reside (each a “Teen”), you must review the Terms with your parent or legal guardian to confirm that you and your parent or legal guardian understand and agree to these Terms. If you or any parent or legal guardian permit a Teen to use the Services, you hereby agree to these Terms on behalf of both yourself and the Teen. You further agree that you are solely responsible for any and all use of the Services by your Teen regardless of whether such use was expressly authorized by you.
By accessing or using our Services, you represent that (a) you are age 17 or older, (b) confirm that you have read, understood, and unconditionally accept these Terms and that you agree to comply with them, and (c) if you are a Teen, your legal guardian has reviewed and agreed to these Terms.
(COLLECTIVELLY, THE “AGREEMENTS”). THE SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.
In your use of the Services you may enter into additional terms and conditions and other agreements that may alter or override these Terms of Service, such as when you enter a contest or join a special program. In case of any conflict or inconsistency, the terms and conditions of those additional terms and agreements would override these Terms.
2. Use of Services and your Responsibilities
You may access or use the Services either as a registered or unregistered user. To get the most out of the Services, you’ll need to register, choose an account name, and set a password.
2.1 Registration Information
If you are a registered user, you promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times. If you provide any information that is untrue, inaccurate, incomplete, or not current, you are deemed to be in breach of these Terms, and we have the right to suspend or terminate your account and refuse any and all current or future use of the Services by you.
You acknowledge that you are responsible for all the activity on your account, and for maintaining the security of Your user name and password and agree not to disclose such to any third party. If you share your account information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper account holder. We will not have any liability to you (or anyone you share your account information with) as a result of your or their actions under those circumstances. If you find out that someone’s used your account without your permission, you agree to notify us immediately.
You may register for and login to Wehear using login functionalities provided by third-party platforms, such as Google and Apple. In addition to the Terms, you agree to comply with the relevant third-party platform’s terms of service applicable to your use of such functionalities and acknowledge that we are not responsible for the content of such terms and conditions.
2.2 Rights to Use the Services
Subject to your complete and ongoing compliance with these Terms, we hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and display, to access and use the Services and our Materials (defined below), solely for your personal, non-commercial use, solely on a single device. The duration of such Services provision will be as determined by us at our sole discretion.
From time to time, certain Services will be subject to payment. You agree to comply with all such terms in relation to your payments to us for such Services, including but not limited to the Google Play and Apple App Store payments terms of service. All such payments from you are subject to the terms and conditions of the relevant payment service (whether that payment service provider is a third-party or us), in addition to any other relevant terms of this Agreement. You agree to comply with that relevant third party's terms and conditions in relation to the payment processing service when your payment are processed via a third party service. We bear no responsibility for any transactions processed by, or any payments made to, a third party, whether or not in connection with the relevant Services. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g. exchange rates), and you are solely responsible for all fees and taxes associated with any Services.
If such products or services are subject to automatic, recurring or subscription-based charges, then you agree that (subject to applicable laws and regulations):
(a)such purchases or payments are generally made by you on an advance basis;
(b)you authorise us to:
(i)save your chosen payment method's information (e.g. credit card information) on our systems; and
(ii)bill your chosen payment method for the relevant time-periods as chosen by or notified to you.
(c)if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason:
(i)we may not provide you with, or suspend our provision of, the relevant Services until payment is properly processed; and
(ii)you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts); and
(d)we will provide you with further instructions within Wehear regarding how you may update or cancel the relevant payment method.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US IN THESE TERMS OR FOR A PARTICULAR ITEM OR SERVICES, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR SERVICE (WHETHER USED OR UNUSED).
You acknowledge that subject to the policy of Apple App Store and Google Play, we reserve the right, to change our Terms, in whole or in part, or adjust pricing and availability for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We do not provide price protection or refunds in the event of a price adjustment or promotional offering, whether permanent or temporary.
If you believe that we have charged you in error, and subject to applicable laws and regulations, you must contact us within 30 days of the date of the relevant charge; and no refunds will be given for any erroneous charges after such 30 days period.
2.3 Your Content
You agree that you are solely responsible for the content (“Content”) sent or transmitted by you or displayed or uploaded by you in using the Services and for compliance with all laws pertaining to the Content. We may but has no obligation to accept, display, review, maintain or otherwise exploit any Content. You agree that the Content is not confidential. You further agree that on termination of your account, we may delete Content and will not be returning Content to you in any form or format.
You represent and warrant that Content is wholly original to you and that you exclusively own the rights to Content, including you have the rights required to submit, transmit or display Content, and to grant us and other third parties the rights as set out in this Agreement; and Content (and our use of Content in accordance with this Agreement) does not breach any applicable laws or regulations or the rights of any person, or this Agreement.
Subject to the terms herein, all rights of Content will remain with you. Notwithstanding the foregoing, you hereby grant us a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database and other registered and unregistered intellectual property rights you have in Content, in any media known now or in the future, and to make, use, reproduce, copy, store, adapt, translate, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use Content.
You’re responsible for Content. This means you assume all risks related to its publication and display, including someone else’s reliance on its accuracy and any claims relating to intellectual property or other legal rights. Under no circumstances will we be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content.
Although we are not responsible for any Content, we may delete any Content, at any time without notice to you, if we become aware that it violates any provision of the Agreements, including the Content Guideline or any law. As a result, we recommend that you save copies of any Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such Content. We assume no responsibility for the deletion or failure to store Content, and we expressly do not promise to store or keep Content. You are solely responsible for saving backup copies of Content.
2.4 Prohibited Use
You agree that You will not use, and will not permit any user to use the Services, including but not limited to:
(a)visit, obtain, or copy any materials, documents, or information on our Services by any method not provided by us;
(b)view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Services;
(c)modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services;
(d)knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts our networks, your accounts, or the Services;
(e)engage in activity that is illegal, fraudulent, false, or misleading;
(f)transmit through the Services any material that may infringe the intellectual property or other rights of third parties;
(g)build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services;
(h)use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation;
(i)upload or transmit any software, content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of us or other users of Services;
(j)engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or our security systems;
(k)use the Services in violation of any our Agreement or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations.
If you violate any of the above restrictions or in the event that we deem you to have breached any of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in any Services and all rights not expressly granted are reserved by Star Reading.
Any use not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws. We may use technological measures in the Services to prevent unlicensed or unauthorized use of the Services or to prevent any breach of this Agreement. You agree that you will not seek to disable or circumvent them in any way.
3. Our Proprietary Rights in the Services
All texts, images, sounds, music, videos, animations, trademarks, logos, patterns, charts, visual interfaces and code, including past, present, and future versions and all registered and unregistered intellectual property rights related to these (“Materials”) are legally owned, controlled, or legitimately authorized to be used by us. Unless otherwise stated in these Terms, you shall not use the Materials on our Services for any commercial purpose in any way without our prior written consent.
Our Materials is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Your use of the Services does not transfer to you any ownership or other rights in the Services or the our Materials. Any use of our Materials not expressly authorized by these Terms is prohibited. Any unauthorized use of our Materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
4.Advertisement; Third Party Content and Services
When you use the Services, you may be able to access content from a variety of sources, which may be content posted by other users of the Services, content provided by third parties, and/or content you see in advertisements prepared or provided by third parties.
Your understand and acknowledge that we don’t own or have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5.Procedure for Making Claims of Intellectual Property Infringements
We respect the intellectual property rights of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, you may notify us by email at: firstname.lastname@example.org with "Notice of Intellectual Property Infringement" in the subject line, which contains:
(a)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;
(b)Identification of the copyright claimed to have been infringed;
(c)Identification of the material that is claimed to be infringing, and where it is located in the App or Service, as applicable;
(d)Information reasonably sufficient to permit us to contact you;
(e)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;
(f)A statement 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.
Your Notification of Intellectual Property Infringement may be shared by us with the user alleged to have infringed a right you own or control, and you hereby consent to us making such disclosure.
6. Termination of the Account
If you no longer want to use our Services anymore and would like your account deleted, please email us at email@example.com. We will provide you with further assistance and guide you through the process.Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added, modified, viewed or accessed (including free content and paid content).
Star Reading may, in its sole discretion, suspend or terminate your account, remove or delete any Content, and/or refuse any and all current or future use of the Services at any time with or without notice if in our reasonable opinion you have failed to comply with any of the provisions of the Agreements, and/or any applicable laws or regulations. We may also terminate or suspend your account if it has been inactive for a prolonged period and you have not used your account again after notice of such inactivity has been transmitted to the email address associated with your account or via inbox message.
If your account is terminated, access to your username, password, and any related information or content associated with your account may be terminated. As we do not guarantee the permanent availability of Content, you should make and maintain backups of any content you value at your own cost.
Your account name and other identifiers you adopt within us remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You acknowledge and agree that upon any termination permitted under these Terms for any reason, whether by you or us, you will not be entitled to and we will not be liable to you or any third party for any refund, reimbursement or other liability. If we terminates your account, you may not use or participate in the Services without our express written permission.
7. Disclaimers, Limitations of Liability and Indemnification
Each of the clauses below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
7.1 No Warranty
Your use of our Services and any content is solely at your own risk and discretion.YOU EXPRESSLY AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, OUR MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING OR PERFORMANCE.
7.2 Responsibility for Content
The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (as described in clause 2.3). You understand the person from whom the Content originates is solely responsible for such content made available in connection with the Services. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. We make no, and hereby disclaim any and all, warranties or other guarantees with respect to the Content. You understand that your use of the Services is at your own risk and that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, inappropriate,or in some cases, that does not meet your needs, or have been mislabeled or are otherwise deceptive. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Services. Under no circumstances will us be liable in any way for any Content made available via the Services, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of such Content. You may report Content that you believe violates these Terms, Content Guideline or other inappropriate user behavior to our attention by making use of any report or similar functionality available in our Services or by contacting us through firstname.lastname@example.org.
7.3 Limitation of Liabilities
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING CIRCUMSTANCES:
(a)ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS;
(b)ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS;
(c)ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS;
(d)ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY;
(e)IMPROPER OR UNAUTHORIZED USE OF THE SERVICES;
(f)YOUR USE OF THE SERVICES IN BREACH OF THIS AGREEMENT;
(g)ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
(h)FAILURE TO SAVE OR BACK UP ANY DATA OR OTHER CONTENT;
(i)ANY LOSS ARISING FROM ANY CONTENT, PROGRAMS OR SERVICES PROVIDED BY ANY PARTY OTHER THAN US; AND/OR
(j)FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, OUR LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (B) USD100 (I.E. ONE HUNDRED US DOLLARS). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
8. Applicable Law and Jurisdiction
The establishment, enforcement, and interpretation of these Agreements, as well as the resolution of disputes related thereto, shall be subject to the laws of Singapore without reference or regard to any choice or conflict of law principles, provisions or rules thereof that would cause the application of the laws of any jurisdiction other than Singapore.
You consent and agree that any dispute, claim, or controversy between you and Star Reading arising in connection with or relating in any way to these Terms or to your relationship with Star Reading (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre, in accordance with the Arbitration Rules of the Singapore International Arbitration Centre, in force when the notice of arbitration is submitted, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English. The arbitration award shall be final and binding upon you and us.
Our Terms may change from time to time. If they do, we’ll let you know about any material changes, either by notifying you on the site, app or by sending you an email. We will not reduce your rights under any updates to the Terms without your explicit consent.
Please note that your continued use of the Services after any change means that you agree with, and consent to be bound by, the new Terms of Service. If you disagree with any changes in the Terms of Service and do not wish to be subject to the revised Terms of Service, you will need to close your account and/or stop using the Services.
Our communications related to the Services will be sent electronically. We will communicate with you by email or sending inbox messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9.4 No Waiver and Severability
If we don’t exercise or enforce a particular right or provision under these Terms, that doesn’t mean we’ve waived that right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Services will remain in full force and effect.
If you have any questions about, or if you wish to send us any notices in relation to, these Terms, you may email us at the following email addresses: email@example.com.
This Terms of Service may be prepared in multiple languages. In the event of any inconsistency or different interpretation among any language version, the English language shall always prevail. All other language versions shall be deemed to be automatically amended to conform with and to make the relevant text consistent with the English text.