Welcome to E.T.E Chronicle. In these Terms and Conditions of Use ("Terms"), the terms "CHENS," "we," "us," or "our" refer to CHENS GLOBAL LIMITED and all of its subsidiaries. We provide our users ("E.T.E Chronicle Users") with: Applications for mobile platforms or devices, and web applications accessible on third-party social networking services ("SNS"). The E.T.E Chronicle Applications are referred to herein as our "Services". Please read these Terms carefully, as they govern your access to and use of our Services, as well as any User Content (defined below), and are legally binding.
BY CLICKING THE "SIGN UP" BUTTON (WHERE APPLICABLE), OR BY ACCESSING, USING, DOWNLOADING, OR POSTING ANY CONTENT ON OR THROUGH OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS, REGARDLESS OF WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE OUR SERVICES.
Certain services may have their own specific terms and conditions ("Rules") posted, or may require you to agree to and accept additional Rules. In the event of any conflict between these Terms and the Service-specific Rules, the applicable Rules will take precedence regarding your use of or access to that particular Service.
CHENS reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, either globally or on an individual basis, or to modify these Terms at any time without prior notice. If we modify these Terms, we will post the updated Terms or otherwise notify you of the changes. By continuing to access or use our Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole remedy is to stop using our Services.
By using our Services, you represent and warrant to CHENS that you will not use our Services, or any content obtained from our Services, for any unlawful purpose or in any manner that is prohibited by these Terms.
In order to access the full feature set of our Services, and to post any User Content on or through our Services, you must log in and register for an E.T.E Chronicle account using Google or Apple ID. You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the Services, you represent that your legal guardian has read, understood, and agreed to these Terms. By registering for an E.T.E Chronicle account, you agree to monitor the account to restrict access by minors. You accept full responsibility for any unauthorized use of our Services by minors, including any use of your credit cards or other payment instruments by minors. You may not register for or hold an E.T.E Chronicle account if you are under the age of 14. By registering, you agree to prevent access to anyone under the age of 14.
In registering for a E.T.E Chronicle Account, you agree to prevent access to anyone under 14. "If you do not register for an E.T.E Chronicle account, you may only browse or use our Services in a limited capacity. You agree to take full responsibility for any activities or actions under your E.T.E Chronicle account, whether or not you authorized such activities or actions. You will immediately notify us of any unauthorized use of your E.T.E Chronicle Account.
EVEN THOUGH WE USE THE WORD "YOUR" TO DESCRIBE AN E.T.E CHRONICLE ACCOUNT YOU REGISTERED FOR, YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE E.T.E CHRONICLE ACCOUNT AT ALL. YOU FURTHER AGREE THAT ALL RIGHTS IN AND TO THE E.T.E CHRONICLE ACCOUNT ARE AND ALWAYS WILL BE OWNED BY AND INURE TO THE BENEFIT OF CHENS.
Use of our Services is also governed by E.T.E Chronicle Privacy Policy. If you have any questions about the E.T.E Chronicle Privacy Policy, please contact us via email at: ete01@shinecolorglobal.com.
Certain types of content are made available on or through our Services:
E.T.E Chronicle Content refers to text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, CHENS or our licensors' trademarks and logos, E.T.E Chronicle Applications, and other content made available by CHENS on or through our Services, including any Customizations, but excluding User Content.
Our Services and E.T.E Chronicle Content are protected by copyright, trademark, and other laws of Hongkong(China) and foreign countries. Except as expressly provided in these Terms, CHENS own all rights, title and interest in and to the Services and E.T.E Chronicle Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights ("Intellectual Property Rights").
Subject to your compliance with these Terms, CHENS hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any E.T.E Chronicle Content solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or E.T.E Chronicle Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by CHENS or its licensors, except for the licenses and rights expressly granted by these Terms.
You can chat about content made available on or through our Services. We advises you to exercise caution and good judgment when leaving such chats. We do not generally monitor, review or moderate your chats. Once you complete and submit your chats on or through our Services, you should not expect to be able to go back and edit your chats, nor should you anticipate us making modifications or deletions on your behalf. You should be aware that you could be held legally responsible for damages to someone's reputation if your chats are deemed to be defamatory. Without limiting any other terms or conditions of these Terms, CHENS may, but is not obligated to, monitor or censor Comments and disclaims any and all liability in relation to them. Notwithstanding the foregoing, CHENS does reserve the right, in its sole discretion, to remove any chats that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms. We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services ("Feedback"). You may submit Feedback by emailing us at ete01@shinecolorglobal.com or by submitting through our Feedback system within our Services. Further, we are under no obligation to provide compensation for any Feedback.
CHENS owns, licenses, or otherwise holds the rights to all E.T.E Chronicle Content that appears or originates within the Services and E.T.E Chronicle Applications, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency"). Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in E.T.E Chronicle Applications, and they have no "real world" value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in E.T.E Chronicle Applications by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you. The prices, quantities, and types of Virtual Items and Virtual Currency available may change at any time, without prior notice. Additionally, Virtual Items and Virtual Currency may be modified, discontinued, or removed at CHENS' discretion, also without notice.
You may not sell, transfer, or attempt to sell or transfer Virtual Items or Virtual Currency, except where permitted, you may exchange certain Virtual Items and Virtual Currency within the Services or E.T.E Chronicle Applications. Specifically, you may exchange Virtual Items and Virtual Currency that cannot be purchased with "real world" money ("Tradable Items") for other Tradable Items, provided that no money or anything of monetary value is involved in the exchange. Any other form of exchange or transfer is strictly prohibited. Virtual Items and Virtual Currency cannot be redeemed for "real world" money, goods, services, merchandise, or anything of monetary value from E.T.E Chronicle or any other party.
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the Services, any payments you make must be done with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to these Terms. You may purchase, with "real world" money, limited licenses to use Virtual Items or Virtual Currency from CHENS in accordance with these Terms, and you agree that all such purchases are final. If you purchase licenses for Virtual Items or Virtual Currency that become unavailable before they can be provided, your sole remedy is to request a refund from the payment processor of the transaction. Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your E.T.E Chronicle Account.
You expressly consent to the immediate availability of Virtual Items and Virtual Currency upon acceptance of your order. If you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, you may have the right to withdraw from such purchases within 7 working days of the purchase date ("Cooling Off Period"). however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order limited licenses to Virtual Items or Virtual Currency from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance. You understand and agree that CHENS provides no refunds for any purchases except only as expressly stated in these Terms.
You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using a E.T.E Chronicle Account registered in your name.
Providers of operating software for mobile devices ("OS Providers") offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications.
If you download E.T.E Chronicle Applications or Third-Party Mobile Applications from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms (and the terms and conditions of any applicable Third-Party Publisher), you must also comply with the terms and conditions of the respective virtual storefront or marketplace, such, as for example, Google's Android Market. Regarding Third-Party Publishers, although CHENS is not a party to any license agreement between you and any Third-Party Publishers for Third-Party Mobile Applications, you acknowledge and agree that CHENS is a third-party beneficiary of the end-user license agreement for each such Third-Party Mobile Application.
You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Mobile Application, CHENS, as a third-party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce the terms of such license against you. Interactions between Users
You are solely responsible for your interactions (including any disputes) with other E.T.E Chronicle Users. Even if we choose to offer features such as reporting users, blocking users, or similar tools on our Services, you remain solely responsible for, and must exercise caution, discretion, common sense, and judgment when using our Services and disclosing personal information to other E.T.E Chronicle Users. You agree to take reasonable precautions in all interactions with other E.T.E Chronicle Users, particularly if you decide to meet an E.T.E Chronicle User offline, or in person.
Your use of our Services, E.T.E Chronicle Content and any other content made available through our Services is at your sole risk and discretion, and CHENS hereby disclaims any and all liability to you or any third party relating thereto. CHENS reserves the right to contact users, in compliance with applicable law, to assess compliance with these Terms and any other relevant Rules. You agree to fully cooperate with CHENS in investigating any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting authorized CHENS representatives access to any protected sections of your E.T.E Chronicle Account.
You agree not to do any of the following while using our Services, E.T.E Chronicle Content:
CHENS reserves the right to investigate and take legal action against any violations of the above, including but not limited to infringements of Intellectual Property Rights and security issues related to the Services, to the fullest extent permitted by law. CHENS may engage and cooperate with law enforcement authorities in prosecuting users who breach these Terms.
You acknowledge that CHENS has no obligation to monitor or record your access to or use of our Services or E.T.E Chronicle Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You acknowledge and agree that you have no expectation of privacy regarding any uploads, transmissions, or submissions of User Content. CHENS reserves the right, at its sole discretion and without prior notice, to remove or disable access to any User Content that it deems to be in violation of these Terms or otherwise harmful to our Services.
We encourage E.T.E Chronicle Users to report any suspected misconduct or misuse of our Services by sending us an email to ete01@shinecolorglobal.com
CHENS may permit the offer of sweepstakes, contests and similar promotions (collectively, "Promotions") through the Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion you participate in through the Services, as they may include important information regarding CHENS' rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation.
To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules will prevail.
Without limiting other remedies, CHENS may at any time suspend or terminate your E.T.E Chronicle Account and refuse to provide access to our Services if CHENS suspects or determines, in its own discretion, that you may have or there is a significant risk that you have:
In addition, CHENS may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above. You may terminate your E.T.E Chronicle Account at any time and for any reason by sending an email to ete01@shinecolorglobal.com.
Upon termination of your E.T.E Chronicle Account for any reason by you or us, you will lose all access to such account. Terminated E.T.E Chronicle Accounts cannot be reinstated; any new E.T.E Chronicle Account you create after termination will be treated as a separate and unique account. You acknowledge and agree that if your E.T.E Chronicle Account is terminated for any reason, any Virtual Items associated with your account at the time of termination will be permanently lost and will no longer be accessible to you. You will have no claim to these items.
If your E.T.E Chronicle Account is terminated for any reason by you or us, you understand and agree that CHENS may redeem and use the Virtual Currency in the E.T.E Chronicle Account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency.
Upon termination, you acknowledge and understand that we will have no further obligation to provide our Services, and all licenses and other rights granted to you under these Terms will immediately cease. CHENS will not be liable to you or any third party for the termination of our Services or your access to our Services.
UPON THE TERMINATION OR SUSPENSION OF YOUR E.T.E CHRONICLE ACCOUNT, ANY CONTENT, MATERIALS, OR INFORMATION THAT YOU HAVE SUBMITTED TO OUR SERVICES OR THAT IS ASSOCIATED WITH YOUR E.T.E CHRONICLE ACCOUNT MAY NO LONGER BE ACCESSIBLE TO YOU.
Furthermore, CHENS will have no obligation to maintain any information stored in our database related to your E.T.E Chronicle Account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to CHENS under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which are expressly intended to survive such suspension, termination, or cancellation.
OUR SERVICES AND E.T.E CHRONICLE CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CHENS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, CHENS DOES NOT GUARANTEE THAT OUR SERVICES OR E.T.E CHRONICLE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CHENS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHENS OR THROUGH OUR SERVICES, E.T.E CHRONICLE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold CHENS, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to CHENS, your access to our Services or E.T.E Chronicle Content, or your violation of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICES, E.T.E CHRONICLE CONTENT THEREIN REMAINS WITH YOU. NEITHER CHENS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES OR E.T.E CHRONICLE CONTENT SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY STATED HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT CHENS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL CHENS' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR E.T.E CHRONICLE CONTENT OR PROVIDED THEREBY EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE DAMAGE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN CHENS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms, along with any actions related thereto, will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Hong Kong, China, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between CHENS and you regarding our Services and E.T.E Chronicle Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CHENS and you regarding our Services and E.T.E Chronicle Content.
You may not assign or transfer these Terms, whether by operation of law or otherwise, without CHENS' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CHENS may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of our Services. Any notices or communications permitted or required under these Terms, including those regarding modifications, will be provided in writing and delivered: (x) by CHENS via email (to the address you provide), or (y) by posting on or through our Services. For notices delivered by email, the date of receipt will be deemed to be the date on which the notice is transmitted.
The failure of CHENS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CHENS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction determines that any provision of these Terms is invalid or unenforceable, such provision will be enforced to the fullest extent possible, and the remaining provisions of these Terms will remain in full force and effect.
You agree that (i) these Terms are intended to cover any Third Party Publisher who is an affiliate of CHENS GLOBAL LIMITED ("Affiliate Publisher"); (ii) your obligations to CHENS under these Terms extend to Affiliate Publishers as applicable unless otherwise agreed under any Third-Party Terms with any such Affiliate Publisher; and (iii) Affiliate Publishers are third party beneficiaries under these Terms who may rely on and directly enforce these Terms against you as such.
Applicable to Users Outside of China: The governing language of these Terms is English. Any translations of these Terms are provided for convenience purposes only, and in the event of any inconsistency, the English version shall prevail.