Wehear Terms of Service
I. INTRODUCTION
A. Introduction
Your service provider is Star Reading Limited, located at Suite
3101, Everbright Centre, 108Gloucester Road, Wan chai, Hong
Kong). Our services are provided for private, non-commercial
use.
B. Contracting entity
This agreement (the “Agreement”) is a binding agreement between
the individual or the entity identified in your account (“you”
or “user”) and each STAR READING party. The “STAR READING
parties” are, individually, our Site, Application, and/or
Services that joins as a party to this Agreement. A STAR READING
“affiliate” is any entity that directly or indirectly controls,
is controlled by, or is under common control with a STAR READING
party. “STAR READING,” “we” or “us” means, together, the STAR
READING parties and their affiliates.
C. Age requirement
STAR READING is not intended for children. Children under the
age of 13 must not use our Site, Application, and/or Services
for any purpose. STAR READING will never knowingly solicit or
accept personally identifiable information or other content
from a user or visitor who STAR READING knows is under 13
years of age. If STAR READING discovers that a user under 13
years of age has created an account, or that a user or visitor
under 13 years of age has posted personally identifiable
information or other content to the Service, STAR READING will
terminate the account and remove the information or other
content. Users between 13 and 18 (each a “Teen”) may not access or use
the Service unless (i) both the Teen and their parent or legal
guardian have first agreed to these Terms of Service; and (ii)
the Teen uses an account established by their parent or legal
guardian, under such parent or guardian’s supervision, and
with such parent or guardian’s permission. If you permit a
Teen to use the Services, you hereby agree to these Terms of
Service on behalf of both yourself and the Teen. You further
agree that you are solely responsible for any and all use of
the Service by your Teen regardless of whether such use was
authorized by you. D. Your relationship with STAR READING
The Terms form a legally binding agreement between you and
us. Please take the time to read them carefully. By accessing
or using our Site, Application, and/or Services, you confirm
that you unconditionally accept these Terms and that you agree
to comply with them. If you do not agree to these Terms,
please do not use our Site, Application, and/or Services and
you are not granted permission to access, view, or otherwise
use our Site, Application, and/or Services for any purpose.
Your access to and use of our Services is also subject to our
https://wehearfm.com/termService and
https://wehearfm.com/privacyPolicy and
https://wehearfm.com/contentGuide (together the “Terms”). By using our Site, Application,
and/or Services, you consent to the terms of the Privacy
Policy. II. WHAT YOU CAN EXPECT FROM US
A. Provide service
1. Limited License Grant and Restrictions
Subject to full compliance with the Terms and to the extent
we are lawfully able to grant such rights. STAR READING grants
you a non-exclusive, non-sublicensable and non-transferable
license to the Intellectual Property solely to access Content,
using the Services, and for other purposes expressly stated
herein. For the avoidance of doubt, the Terms do not transfer from us
to you any of our, or any third party’s intellectual property
rights (unless there are other agreements between the
parties), and all right, title and interest in and to such
property will remain vested with the applicable owner. 1.1 Your account
You can use parts of our Service without login (including any
purchase made any/or payment). However, to access or use some
of our Services, you need to create an account with us. When
you create your account, you must provide us with accurate and
up-to-date information. It is your responsibility to maintain
and promptly update your details and any other information you
provide to us, to keep such information current and
complete. You are responsible for maintaining your account and
password’s confidentiality and for restricting access to your
computer, and you agree to accept responsibility for all
activities that occur under your account or password. STAR
READING reserves the right to refuse service, terminate
accounts, remove, or edit content in its sole
discretion. If you no longer want to use our Service anymore and would
like your account and data deleted, please email us at
creatorservice@wehearfm.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 (including free content
and paid content). We also allow you to register for and log in to STAR READING
using sign-on functionalities provided by third-party
platforms, such as Facebook and Google. You agree to comply
with the relevant third-party platform’s terms and conditions
applicable to your use of functionalities (in addition to
these terms).
1.2 Services and Service-related communication
Where Services are made available as part of your use of
Software under this Terms, we grant you a limited, personal,
non-exclusive, non-sublicensable and non-transferable and
revocable license to use the Services in accordance with this
Terms. The duration of such Services provision will be as
determined by us at our sole discretion. You may access and use the Service as made available to you,
as long as you comply with this Agreement, applicable laws and
regulations. You may enjoy Content for your personal,
non-commercial use. You may also show your Content (including
your account profile and your comment) to other users. You consent to receive communications from us 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. 1.3 Software
Where you install and use any Software that we have made
available to you, we grant you a limited, personal,
non-exclusive, non-sublicensable, non-transferable,
royalty-free and revocable license to: use one copy of the
Software in object code format only on a single device for
your use in accordance with this Agreement, except that where
we expressly allow you to use more than one copy of the
Software and/or use the Software on more than one device, you
may do so in accordance with this Agreement; and use the
Services for your relevant Software (if any). You may not copy, modify, create derivative works, reverse
compile, reverse engineer or extract source codes from the
Software, and you may not sell, distribute, redistribute or
sublicense the Software, except in each case to the extent
that we may not prohibit you from doing so under applicable
laws or regulations or you have our prior written consent to
do so. We may from time to time provide updates to the Software.
Such updates may occur automatically or manually. Please note
that the Software may not operate properly or at all if you do
not install upgrades or new versions. We do not guarantee that
we will provide any updates for the Software, or that such
updates will continue to support your device or system. All
updates to the Software are part of the Software and subject
to this Agreement. 1.4 Our content
We grant you a limited, personal, non-exclusive,
non-sublicensable and non-transferable and revocable license
to access and use our Content through the Software. The
duration of such Content provision will be at our sole
discretion. The “Content” includes any items, content or features within
the Software, for example, stickers, in-app content additions
or other downloadable items within content, and any content
accessed or used by you within the Software. You must comply
with our Content Guideline applicable to any such Content. We
may license this Content to you upon payment by you of "real
world money" as applicable from time to time. You acknowledge
that you do not own this Content and the amounts associated
with such Content do not refer to any credit balance of real
currency or the equivalent. We may delete Content from the
Software at any time, with or without notice, and we have no
liability to you should we exercise these rights. If you want to report any questions about our Content, please
contact us at
creatorservice@wehearfm.com . 1.5 Advertising content
Pursuant to our Privacy Policy, we may integrate, display and
otherwise communicate advertising or commercial Content
(including targeted advertising) in the Licensed Items and
that (where reasonably practicable) we will identify paid such
advertising or commercial Content. The advertising or commercial content may contain links to
third-party websites and online services that are not owned or
controlled by STAR READING. STAR READING has no control over,
and assumes no responsibility for, such websites and online
services. Be aware when you leave the Services. We suggest you
read the terms and privacy policy of each third-party website
and online service that you visit.
2. Restrictions on Your Use of the Licensed Items
You may not, nor may you permit any other person to: (a) use
the Licensed Items in any manner or for any purpose which
breaches this Agreement or any applicable laws and regulations
or encourages any person or entity to breach this Agreement or
any applicable laws and regulations; (b) use the Licensed
Items in any manner or for any purpose which may cause any
harm or damage to us or our customers; (c) use the Licensed
Items to gain unauthorized access to any system, account or
data; (d) sub-license, rent, lease or sell the Licensed Items
(except where you and us have expressly agreed otherwise); (e)
directly or indirectly charge others for use or access to the
Licensed Items (except where you and us have expressly agreed
otherwise); (f) directly or indirectly suggest our support or
endorsement of any product, Service or Content (including any
personal web site); (g) transmit unauthorized communications
through use of the Licensed Items, including junk mail or
spam; (h) make the Licensed Items publicly available or
available on any network for copying, download or use by any
person or persons; (i) remove, obscure or modify any
copyright, trade mark or other proprietary rights notice,
marks or indications found in or on the Licensed Items; (j)
misrepresent the source or ownership of the Licensed Items;
(k) lend, hire, rent, perform, sell, distribute, redistribute,
sublicense, make available to the public, broadcast,
distribute, transmit or otherwise use any Licensed Item in
whole or in part in any manner not expressly permitted by this
Agreement, or attempt to do any of the foregoing (except where
you and us have expressly agreed otherwise); (l) attempt to
disrupt or interfere with the Licensed Items including
manipulating the legitimate operation of the Licensed Items;
(m) use cheats, exploits, automation software or any
unauthorized third-party software designed to modify or
interfere with the Licensed Items; (n) disrupt or overburden
any computer or server used to offer or support the Licensed
Items, or other users’ use of the Licensed Items; or (o)
develop any plug-ins, external components, compatibles or
interconnection elements or other technology that
inter-operate with the Licensed Items, except where we
expressly permit you to do so via our Software (and where this
is the case, your use of such Software may be subject to
additional terms and conditions as notified by us to
you). You may not copy, modify, create derivative works, reverse
compile, reverse engineer or extract source codes from
Licensed Items, except to the extent that we may not prohibit
you from doing so under applicable laws or regulations or you
have our prior written consent to do so. We may use technological measures in the Licensed Items to
prevent unlicensed or unauthorized use of the Licensed Items
or to prevent any breach of this Agreement. You agree that you
will not seek to disable or circumvent them in any way. B. Improve Service
1.1 Your Content
You must at all times ensure that: the content you submit,
upload on our website and app are in accordance with our
Content Guideline, which URL is: https://wehearfm.com/contentGuide .To protect our platform and our user’s right and interest, we
reserve the right to block or remove the Content.
1.2 Changes to our Site, Application, and/or Services
As STAR READING and user experiences are constantly evolving,
we may from time to time add, change or remove features or
Services from STAR READING (including in relation to whether a
feature or Service is free of charge or not). You agree that
we may take any such actions at any time. Where we consider
that any changes to STAR READING or any Services or features
accessible within STAR READING are reasonably material, we
will (where reasonably practicable) notify you via inbox
message or by posting the changes on our website. 1.3 Use of your device
To provide the Licensed Items to you, we may require access
to and/or use of your relevant device (including but not
limited to mobile phone, tablet or desktop computer) that you
use to access the Licensed Items. You acknowledge that if you
do not provide us with such right of use or access, we may not
be able to provide the Licensed Items to you. Any Personal Information that we use or access within your
device will be treated in accordance with this Agreement and
the Privacy Policy. You must ensure that your device meets the requirements for
installing and using the Licensed Items as required by us.
During installation, the Licensed Items may uninstall or
disable other software running on your device. If you do not
comply with any installation instructions provided by us, you
may not be able to use the Licensed Items or certain
functionalities may not be available to you. 1.4 Payment
You may from time to time be required to make payments to us
in U.S. dollars in relation to the Licensed Items, such as for
your license to use the relevant Licensed Items. You are
responsible for all such payments and related payment
obligations under this Agreement. 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. 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 Licensed Items. You are solely responsible
for all fees and taxes associated with any Licensed Items, and
you agree that pricing and availability of all Licensed Items
are subject to change at any time. We may from time to time make available payment methods to
you for automatic, recurring or subscription-based charges.
Where we do so, you agree that (subject to applicable laws and
regulations): (i) such purchases or payments are generally
made by you on an advance basis. Unless the purchase was on a
subscription basis, we will notify you prior to any automatic
renewals; (ii) you authorize us to save your chosen payment
method's information (e.g. credit card information) on our
systems and bill your chosen payment method for the relevant
time-periods as chosen by or notified to you; (iii) if any
payment made via your chosen payment method is rejected,
denied or returned unpaid for any reason, we may not provide
you with, or suspend our provision of, the relevant Content
product or service until payment is properly processed; and
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). You agree that any payments you make to us in relation to
your use of any Licensed Item are final and non-refundable,
except where specified by us under this Agreement or for a
particular Licensed Item. OTHERWISE, IN NO CIRCUMSTANCES WILL
WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY
YOU TO US IN RELATION TO ANY LICENSED ITEM (WHETHER USED OR
UNUSED). Please note that you are responsible for all third-party
charges you incur (including any charges from your internet
and telecommunication Services providers) in relation to or
arising from your use of the Licensed Items. If you believe that we have charged you in error, and subject
to applicable laws and regulations, you must contact us at
creatorservice@wehearfm.com
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. Payment processing Services are provided by the third-party
service through which the purchase is made. 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). 1.5 Contests and sweepstakes
In addition to these Terms, sweepstakes, contests, or other
promotions (each, a “Promotion”) made available by STAR
READING on our Site, Application, and/or Services, or
otherwise may have specific rules that are different from
these Terms. By participating in a Promotion, you agree to and
will become subject to those additional terms and conditions,
which will be provided to you when a Promotion is offered. We
urge you to review all rules before you participate in any
Promotion. The rules of a specific Promotion will take
priority over these Terms in the event of any conflict of the
language with a given Promotion. C. Other Services
1. Removing your content
We reserve the right to disable your Content at any time,
including if you have failed to comply with any of the
provisions of these Terms, or if activities occur on your
account which, in our sole discretion, would or might cause
damage to or impair the Services or infringe or violate any
third-party rights, or violate any applicable laws or
regulations.
2. Suspending or terminating your access to STAR READING service
We reserve the right to disable your account at any time,
including if you have failed to comply with any of the
provisions of our Terms, or if activities occur on your
account which, in our sole discretion, would or might cause
damage to or impair the Services or infringe or violate any
third-party rights, or violate any applicable laws or
regulations. Your account name and other identifiers you adopt
within STAR READING 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. III. WARRANTY
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS
REQUIRED BY APPLICABLE LAWS AND REGULATIONS, THE SERVICES IS
PROVIDED “AS IS” AND STAR READING DOES NOT MAKE ANY SPECIFIC
COMMIMENTS OR WARRANTIES ABOUT THE SEIVICES. FOR EXAMPLE, WE
DON’T MAKE ANY WARRANTIES ABOUT: (a) THE CONTENT PROVIDED
THROUGH THE SERVICES; (b) THE SPECIFIC FEATURES OF THE
SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR
ABILITY TO MEET YOUR NEEDS; OR (c) THAT ANY CONTENT YOU SUBMIT
WILL BE ACCESSIBLE ON OUR SERVICES. IV. LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS,
THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE
COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR
THE LICENSED ITEMS, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE
LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (a) THE
AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE LICENSED
ITEMS 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). 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: (a) IN CONNECTION WITH THIS
AGREEMENT OR THE LICENSED ITEMS, FOR ANY DAMAGES OR LOSSES
CAUSED BY: (i) ANY NATURAL DISASTER SUCH AS FLOODS,
EARTHQUAKES OR EPIDEMICS; (ii) ANY SOCIAL EVENT SUCH AS WARS,
RIOTS OR GOVERNMENT ACTIONS; (iii) ANY COMPUTER VIRUS, TROJAN
HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (iv) ANY
MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM,
HARDWARE OR CONNECTIVITY; (v) IMPROPER OR UNAUTHORIZED USE OF
THE LICENSED ITEMS; (vi) YOUR USE OF THE LICENSED ITEMS IN
BREACH OF THIS AGREEMENT; OR (vii) ANY REASONS BEYOND OUR
REASONABLE CONTROL OR PREDICTABILITY; (b) FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR
LOSSES; AND/OR (c) FOR ANY LOSS OF BUSINESS, REVENUES,
PROFITS, GOODWILL, CONTENT OR DATA. Nothing in this Agreement limits or excludes any of the
following liabilities, except to the extent that such
liabilities may be waived, limited or excluded under
applicable laws and regulations: (a) any liability for fraud;
(b) any liability for death or personal injury caused by our
negligence; or (c) any other liability to the extent that such
liability cannot be waived, limited or excluded under
applicable laws and regulations. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT,
NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY OF YOUR
STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS
UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE
EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE
LAWS AND REGULATIONS YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES
FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE,
DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND
ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (a) YOUR USE OF
THE LICENSED ITEMS; OR (b) YOUR BREACH OF THIS
AGREEMENT. THIS AGREEMENT GOVERN THE RELATIONSHIP BETWEEN YOU AND US
(AND, WHERE RELEVANT, OUR AFFILIATES). YOUR DEALINGS WITH ALL
THIRD PARTIES (INCLUDING THOSE FOUND THROUGH THE LICENSED
ITEMS) ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND
OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION
TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR
SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN THE LICENSED
ITEMS. V. DISCLAIMER
Our Site, Application, and/or Services are made available "as
is", "as available", and "with all faults" for the stated
purposes herein. Use of our Site, Application, and/or Service
is entirely at your own risk and you should use your best
judgment and exercise caution while using the Services. STAR READING makes no guarantee that your use of the
Services, and all other features or functionalities associated
with the Services will be available, uninterrupted,
interference-free, or error-free, or be free from any viruses,
worms, or other security intrusions. You understand and agree
that you use the Service, and use, access, download, or
otherwise obtain materials or content through our Service and
any associated Services, at your own discretion and risk, and
that you are solely responsible for any damage to your
property (including your computer system or mobile device used
in connection with our Services), or the loss of data that
results from the use of the Service or the download or use of
that material or content. STAR READING does not guarantee the availability, delivery,
performance, pricing, or punctuality of any Content or other
Intellectual Property appearing in our Site, Application
and/or Services. You understand and agree that STAR READING is not liable for
any failure of performance due to any cause beyond its
control, including, without limitation, acts of God, fire,
explosion, vandalism, terrorism, weather disturbances,
national emergencies, riots, wars, labor difficulties,
supplier failures, shortages, breaches, action or request by
any government, suspension of existing service in compliance
with any applicable laws and regulations.
VI. GOVERNING LAW AND DISPUTE RESOLUTION
You consent and agree that the Terms will be exclusively
governed by the laws of Singapore applicable to contracts
entered into and performed within Singapore and
notwithstanding any conflict of law principles. 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) will be determined by mandatory binding arbitration.
Any arbitration between you and STAR READING shall be referred
to and finally resolved by arbitration in Singapore in
accordance with the Arbitration Rules of the Singapore
International Arbitration Centre ("SIAC Rules"). VII. ABOUT THESE TERMS
We may occasionally make changes to this Agreement- please
review this Agreement from time to time. Where we make any material changes to this Agreement (as
determined by us), we will (where reasonably practicable)
notify you (via this Agreement, on our website or within the
Licensed Items) prior to the change becoming effective. Any
changes to this Agreement will become effective immediately
upon posting by us, unless we specify otherwise. By using the
Licensed Items after we make any changes to this Agreement,
you agree to be bound by the revised Terms.
You may email us at the following email addresses:
creatorservice@wehearfm.com