Last Updated: 23 Nov 2023 (中文翻譯版本)
These Terms of Service (this “Agreement”) is between you and Litro International Limited (“Litro” “we,” “us,” or “our”). By using our website, located at http://www.litro.life (“Website”), our mobile applications available on Android and iOS devices (each, our “App”), and/or other services we provide (collectively, the “Services”) you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use the Services. Your use of, or participation in, certain Services may be subject to additional terms which will be presented to you when you access those Services.
We may update this Agreement at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Agreement on the Site or App or through other communications. It’s important that you review the Agreement whenever we update them or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you don’t agree to be bound by the updated Agreement, then, except as otherwise provided in Section 19 “Effect of Changes on Arbitration” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You agree not to do any of the following:
Post, upload, or transmit any User Content that
Litro operates a zero-tolerance policy for the aforementioned activities.
Although we’re not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any part of the Services, including any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of the foregoing to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement and other authorities, including by sharing any User Content, as requested by law enforcement or as we, in our sole discretion, deem necessary to protect the safety or wellbeing of our Users or any other person.
There are three types of content that you will be able to access on the App:
Your Content
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
Your license to us of Your Content. By submitting or uploading any Your Content, you (i) represent and warrant that you have all the appropriate rights and permission (including getting permission from others in photos you provide) to provide Your Content to us, and (ii) grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such Your Content in connection with operating and providing the Services to you and other Users, for marketing and internal research purposes, and for external research purposes (for external research, any information will be provided in anonymized and aggregated form). You also represent and warrant that neither Your Content, nor your use and provision of Your Content to be made available through the Services, nor any use of Your Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Deleting Your Content. You may delete Your Content via the functionality of the Services. However, you understand that removed Your Content may persist in backup copies for a reasonable period of time (but will not be available to others).
Our ownership. We do not claim any ownership rights in any Your Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit Your Content. Subject to the foregoing, We and our licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Our license to you. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, and, display the content made available on the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Member Content
Other members of Litro will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, and you may only use our Users’ personal information to the extent that your use of it matches Litro’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
Our Content
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Litro are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use our Content, without the right to sublicense, under the following conditions:
We reserve all other rights.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] or via the functionality of the Services. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Litro may offer from time to time certain premium services for a fee. You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such premium services. By way of example, some of these premium services may include message read receipts, additional matches in a day, or profile picture appraisals.
General
Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor, which may be the applicable App Store (defined below)) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
You may settle any fees payable by you through any payment method as may be made available by us (or the authorized third parties) from time to time. Any fees which are recurrent in nature (i.e. subscription fees) will be automatically charged through such payment method as selected by you.
We have the right to, at any time and at our sole discretion, accept or reject the payment method selected by you. If no effective payment method is in place or any payment duly payable to us is not timely received for any other reason, your access to the Service may be suspended and no refund will be available in relation to Service so suspended; such access will only be restored upon full settlement of all accrued charges and putting in place a payment method accepted by us (or the authorized third parties).
Where you have specified any part or all of the fees to be charged to your credit card or electronic payment method account (“Payment Account”), you hereby authorize us to charge your Payment Account the full amount of such Fees at any time or interval as determined by us as appropriate. For the avoidance of doubt, such authorisation will continue after the expiry date of Payment Account in respect of any Fees which are recurrent in nature (i.e. subscription fees) and Fees are settled by credit card. Where you are not the holder of Payment Account, you warrant that you have obtained authorisation from the holder. The verification and authentication of the Payment Account information provided are handled by the issuing party. We will not be responsible for any matters arising therefrom.
Any disputes regarding fees on a statement for the Payment Account must be raised within 30 days of the statement date notwithstanding, where relevant, any terms to the contrary in any agreement with the contracting party of the Payment Account.
You agree that we may transfer any amount that is owing to you or due from you under any of your accounts, if you have more than one account with us, so as to settle any outstanding amount due to us under any of your accounts, whether they have been terminated or suspended.
Please note that no credit or refund is available in respect of any time when the Service or any part thereof is disrupted or suspended (i) for maintenance or (ii) as a result of technical difficulties or (iii) a circumstance beyond our reasonable control or where you are not able to access or stream the Content for whatever reason.
Subscriptions
If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period thereafter (the period of which is communicated to you at the time of your Subscription), at the then-current Subscription Fee.
If you purchase a Subscription, unless you cancel your subscription before the end of your current Subscription period, your subscription will automatically renew, and we (or our third-party payment processor) will automatically charge you each year on the commencement of each renewed Subscription period, using the Payment Information you have provided. Your subscription will continue to automatically renew until you cancel your Subscription.
By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Litro. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement.
Cancelling One-Time Payment or Subscription
Except as explicitly set forth in Section 20 below, Your purchase is final and you will not be able to cancel the purchase and/or receive a refund of any one-time payment or subscription fee at any time. if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason;
If we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction.
Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. Except as set forth above, you will not receive a refund of any portion of any subscription fee paid for any subscription period at the time of cancellation. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. You may cancel your subscription via the functionality of the App Store or the App. If you cancel, your right to use the Subscription features of the Services will continue until the end of your then current subscription period and will then terminate without further charges.
This Agreement is concluded between you and Litro, and not with the App Provider, and Litro (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Litro.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Litro will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must also comply with all applicable third party terms of service when using the App.
The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Facebook, Twitter, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
By using the App, you agree and acknowledge that Litro is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Litro, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
You assume all risks when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. We are not responsible for the conduct of our Users or their compatibility in any capacity with you or other Users. You agree to take all necessary and appropriate precautions when sharing your personal information, communicating with other Users, and meeting other Users in person. You understand that we do not (except as described in this Agreement) conduct background checks, or verify the identity, profile pictures, or any other Your Content and/ or Member Content. You are under no obligation to use the Services, continue to communicate with any User, or to match with or meet anyone from the Services.
You understand that Litro makes no guarantees about the Services, either explicit or implied, including your compatibility with any other User.
If you discover any violation of the Agreement by others, please report it to us at [email protected]. You may also use this address to contact us with any questions you may have about the Services.
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the availability or accuracy of such websites or resources; or the content, products or services on or available from those websites or resources or links displayed on such websites.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
The services are provided “as is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
These Terms, which we may amend from time to time, constitute the entire agreement between you and Litro. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Litro has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on our App and/or Services and provides that information on an “as is”, “as available” basis. Litro does not give or make any warranty or representation of any kind about the information contained on Litro, whether express or implied. Use of our App and/or Services and the materials available on it is at your sole risk. Litro can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from our App and/or Services is free of viruses or other harmful components. You accept that our App and/ or Services will not be provided uninterrupted or error free, that defects may not be corrected or that Litro, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Litro is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Neither Litro nor any other party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with this agreement or from the use of or inability to use the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Litro or any other party has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will Litro’s total liability arising out of or in connection with this agreement or from the use of or inability to use the services exceed the amounts you have paid to Litro for use of the services, if you have not had any payment obligations to Litro, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Litro and you.
All the actions you make and information you post on Litro remain your responsibility. Therefore, you agree to indemnify, defend, release and hold harmless Litro and its partners, licensors, affiliates, officers, directors, employees, representatives and agents, from and against any claims, disputes, demands, liabilities, damages (actual and/or consequential), losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) Your Content, or (iii) your violation of this Agreement.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and responsibly as required by us in the deference of any relevant claim.
We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
You may not access, tamper with, or use non-public areas of our App or our Services. Certain portions of our App may not be accessible if you have not registered for an Account.
You may delete your Account at any time via the functionality of the App. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the App. We will save your profile information in case you realise you miss us and you decide to restore your Account (which you can do within 30 days of de-activating your Account). If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you. Deleting your Account is your sole method of terminating this Agreement. Upon termination of this Agreement, the following will survive Sections 3(d),6(a),7,14,15,16,18,19,21, and this sentence of Section 17.
The English version of these Service Terms and Conditions shall prevail over any Chinese version (if any) which is provided for information purposes only. If any term or condition of these Service Terms and Conditions becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from these Service Terms and Conditions and shall be deemed to be deleted from these Service Terms and Conditions. These Service Terms and Conditions shall be governed by the laws of Hong Kong Special Administrative Region of The People’s Republic of China and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region of The People’s Republic of China.