1. Updates to this Terms and Conditions
The Company may update the Terms and Conditions time to time. The Company will release the updated Terms and Conditions in the software or on Palmchat's web page at http://www.palmchatnow.im. Users shall agree and accept that once the updated terms are released, the updated terms become effective. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.
2. Agreement to Terms and Conditions
2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
2.2. Afmobi is especially concerned about the protection of the minors. Minors may use the Service only with the consent from their parents or legal guardian. If Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2.3. By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2.4. If there are Separate Terms and Conditions for the Service, Users also shall comply with such Separate Terms and Conditions as well as the Terms and Conditions.
3. Account (Af ID)
3.1. By registering a Palmchat account ("Af ID"), users may use the Software and enjoy various Services provided by Afmobi and/or its Affiliates. The Palmchat account is the property of Afmobi. After completing the registration application for a Palmchat account, users then has the right to use the Palmchat account. The Palmchat account can only be used by the initial registrant and the users shall not sell, assign, sub-license, disclose, or otherwise transfer the Palmchat account.
3.2. If Users register a password while using the Service, Users shall exercise due care and responsibility in order for the password not to be used in an unlawful manner. The Company may treat all activities conducted with the password as activities that have been conducted by the holder of the password him/herself.
3.3. Any registered User of the Service may delete his/her account and withdraw from using the Service, at any time.
3.4. The Company reserves the right to suspend or delete a User's account without giving prior notice to the User if the Company believes that the User is violating or has violated the Terms and Conditions.
3.5. The Company reserves the right to delete any account that has not logged in for a period of a year or above since its last activation.
3.6. Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users shall not transfer or lend their accounts to any third party nor shall their accounts be inherited by any third party.
4.1. The Company places its highest priority on the privacy of its Users.
4.3. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.
The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.
Users shall not engage in the following when using the Service.
6.1. Use the Software to violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding of any country.
6.2. Use the Software to infringe other's intellectual property rights, trade secrets or other legal rights;
6.3. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
6.4. Use the Software to send messages indiscriminately to numerous Users (except for those approved by the Company), indiscriminately adding Users as Friends or to Group Chats, or any other activities deemed to be spamming by the Company.
6.5. Activities that exchange the right to use the Contents into cash, property or other economic benefits without Company's authorization.
6.6. Use the Software to provide service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company); use the Service for the purpose of sexual conducts or obscene acts; use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent.
6.7. Activities in any other illegal manner, for any illegal purpose or in any form inconsistent with this Terms and Conditions.
7. Exemption of Liability and Software Update Service
7.1. The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
7.2. The Company shall not be responsible for any damages incurred upon Users in relation to the use of the Service.
7.3. The company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company's contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company's contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
7.4. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense.
7.5. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
7.6. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at anytime without any prior notice to the Users.
7.7. If Users are receiving an update or an upgrade to, or a new version of the Software ("Update"), Users must possess a valid license to such previous version of the Software in order to use the Update. All Updates are provided to Users pursuant to the terms of the license for the Software under this Terms and Conditions. Further, Users agree that by using an Update, Users voluntarily terminates Users' right to use any previous version of the Software.
7.8. The Software activates automatically the function of "upgrade reminder". Depending on the version of the Software, the Licensee may have an option to activate this function. After issuing Updates or new versions of the Software, Afmobi will not guarantee the continuous availability of the previous version(s) of the Software.
7.9. Afmobi reserves the right to unilaterally change or restrict part of the functional effects of the Software for the purpose of business development, and to the maximum extent permitted by applicable laws, the Licensee agrees and acknowledges that Tencent assumes no liability whatsoever in respect of any damages