Terms of Use

Users’ privacy is paramount to us. Please be assured that, in respect of any material (such as photo, video or sound track) that may have uploaded by you on AILATTE Web site or through the AILATTE products, we will use the material securely for our research purpose only. No staff or third party will be allowed to access to the material without a strong reason and approval by the top management of AILATTE.

 

Overview

You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that AILATTE may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Web site.

AILATTE may change these Terms of Use from time to time. Your continued access or use of the Web site constitutes your acceptance of such changes. Your access and use of the Web site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Web site at the time of such use. Please regularly check the “Terms of Use” link on the Web site to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Web site shall automatically terminate.

General

AILATTE grants you a non-exclusive, non-transferable, non-refundable, limited permission to access and display the Web pages within this site as a customer or potential customer of AILATTE provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Web site as permitted by this Web site’s robots.txt protocol, and AILATTE may block any crawlers in its sole discretion.

Except for the limited permission in the preceding paragraph, AILATTE does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

AILLATE allow you to incorporate AILLATE’s products into your device, mobile application, web-enabled application, Web site or service. It is your responsibility to make sure that the content that goes through AILLATE’s products is legal, and that you, or your users, have the proper authority to use it. We require you to use industry standard security measures and make sure that you don’t have any malware being installed on your users’ computers. We also want you to make sure that your users are notified before using their materials.

Adherence to Best Practices

  1. You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not:
  2. copy, modify, host, stream, sublicense, or resell the Services, Software, or content;
  3. enable or allow others to use the Service, Software, or content using your account information;
  4. use the content or Software included in the Services to construct any kind of database;
  5. access or attempt to access the Services by any means other than the interface we provided or authorized;
  6. circumvent any access or use restrictions put into place to prevent certain uses of the Services;
  7. share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
  8. upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
  9. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  10. attempt to disable, impair, or destroy the Services, software, or hardware;
  11. disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
  12. engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
  13. place advertisement of any products or services in the Services except with our prior written approval;
  14. use any data mining or similar data gathering and extraction methods in connection with the Services; or
  15. violate applicable law.

Products Compliance

If your product or service uses or is based upon the AILATTE products, then you shall comply with all of the following:

  1. Privacy Policy Adherence: You shall adhere to a privacy policy no less strict than our privacy policy. Moreover, you must notify Your users what information You will use, who will be entitled to use such information and who process information. If You are uncertain whether Your privacy policy adheres to ours, consult your lawyer and us.
  2. Transparency to Users and Notification: If Your application or service makes any personal information available to any user apart from the user which provided the materials or data used by the AILATTE products, you must inform the users located in the materials, that they were tagged by your service or application, and provide them with the ability to remove the tags, correct them or block the application or service. Moreover, when dealing with personally identifiable information, you may not retain, store or convey to 3rd party, and must immediately remove from any application or service, and any data repository in your possession or control, any 3rd party user data obtained through the AILATTE products not explicitly identified as being storable indefinitely in the product Documents or by the 3rd Party.
  3. Use of Industry Standard Security Mechanisms: Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry standards, as required to securely operate your application or service.
  4. No Disclosure of Data to 3rd parties: You may not store any AILATTE user data (or 3rd Party user data) in any data repository which enables any 3rd party (other than the AILATTE user) access unless such 3rd party access is disclosed in your privacy policy which must be directly accessible through a link in your application using AILATTE products.

Disclaimer

Whilst every reasonable care has been taken in preparing the information and materials contained in this Web site, such information and materials are provided “as is” without warranty of any kind either express or implied. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a purpose or freedom from computer viruses is given in connection with such information and materials.

The material and information contained on this Web site is provided for general information only and should not be used as a basis for making business decisions. Any advice or information received via this Web site should not be relied upon without consulting primary or more accurate or more up-to-date sources of information or specific professional advice. You are recommended to obtain such professional advice where appropriate.

AILATTE accepts no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of this Web site, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with this Web site, its contents or associated services, or due to any unavailability of this Web site or any part thereof or any contents or associated services.

If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.

Your Content

By uploading any image, footage, text, audio, or any other content that you upload or post to AILATTE  (“Your Content”), you grant AILATTE a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from AILATTE, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

Global availability

Information on the Site may reference or cross-reference AILATTE products, programs, or services that might not be available in your location. Such references do not imply that AILATTE plans to make such products, programs, or services available in your location. Please contact us at info@ailatte.com for information regarding the products, programs, and services that may be available to you.

Linked Web Sites

AILATTE is not responsible for the contents available on or the set-up of any other websites linked to this Web site. Access to and use of such other Web site is at the user’s own risk and subject to any terms and conditions applicable to such access/use. By providing hyperlinks to other Web Site, AILATTE shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the service/products they provide on their Web site, or have any form of cooperation with such third parties and Web site. AILATTE is not a party to any contractual arrangements entered into between you and the provider of the external website unless otherwise expressly specified or agreed to by AILATTE.

DISCLAIMER OF WARRANTY

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AILATTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. AILATTE MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. AILATTE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

AILATTE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AILATTE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE AILATTE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER AILATTE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE AILATTE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO AILATTE DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of these Agreement; (2) any User Content; (3) any activity in which you engage on or through the AILATTE Service; and (4) your violation of any law or the rights of a third party.

Governing Law and Dispute Resolution

These Terms of Use will be governed by and construed in accordance with the HKSAR laws. Any dispute arising from or in connection with these Terms of Use will be referred to the exclusive jurisdiction of HKSAR for binding and final arbitration administered in accordance with the HKSAR arbitration rules in effect at the time of submission in Hong Kong. The arbitral award will be final and binding.

Last Update: 17 Apr 2018

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