Terms (these “Terms of Use”)

These Terms of Use are made between Convos Limited, Hong Kong (hereinafter referred to as “Convos” or “we” or “us” as approrpriate), owner of www.convos.com website (the “Website”) and the mobile applications trademarked or marketed under the name “Convos” or any name in association with “Convos” (the “Applications”) and you, as the user of the Website and/or the Applications.

When you (i) sign up to/for, or use or access the Website, or (ii) use any services or functions provided through or on the Website, or (iii) access or use the Applications, (all the foregoing being the “Services”), you agree to these Terms of Use and Privacy Policy as posted on the Website or the Applications. You shall not use the Services if you do not agree to the Terms of Use or Private Policy.  You are deemed to have agreed these Terms of Use and the Privacy Policy as soon as you sign up for or use the Services.

Please read these Terms of Use and the Privacy Policy to find out more about how you can use the Services with regards to the information you share and with whom you share it.

Furthermore, these Terms of Use include the terms and conditions describing how we may use the content and information provided by you to us to facilitate the provision of the Services.

Any and all intellectual property contained in the Website and Applications including, but not restricted to trademarks, logos, contents, graphics, designs, texts, script, icons, source codes, logic sequences and copyrighted works are owned by Convos, and are subject to copyright and other intellectual property rights protected under laws.

These Terms of Use may be updated from time to time.   You must check these Terms of Use regularly in order for you to stay informed about any possible amendments and changes in the terms of use which apply to you as a user of the Services.

CONTENT AND INFORMATION

When you agree to use the Services, you accept and agree to provide Convos with your personal details including but not limited to your full name, email address, gender and date of birth and such other personal details as may be reasonably required by us (your “Personal Data”) for the provision of the Services.

Any content and information (such as audio and video contents, statuses, display picture (DP), phone number, Facebook information, relationship status, address etc.) that you post on the Website or the Applications (the “Content”) must be owned by you. It is your discretion to decide and control what and with whom you share the Content via our profiling system on the Website and the Applications.

By posting the Content on the Website or Applications, you thereby give us a non-exclusive, irrevocable, unconditional, transferable, sub-licensable, royalty-free, world wide license to use any Content that you post on or in connection with the Website or Applications (the “Licence”). When you delete any Content or close your account with Convos, the Licence terminates and Convos will stop using the Content on the Website or the Applications but any Content which has been shared with, copied and/or downloaded by other users will not be controllable or protected by Convos. After the termination of the Licence, the Content may remain in back-up copies by us for a while but cannot be viewed by other users.

There are four preset profiles, being the Public Profile, Family Profile, Friends Profile and Work Profile which you can categories your contacts into such preset profiles or other profiles as you create. Your contacts can only view the Content in the profile(s) they respectively belong to.

When you publish any Content in your Public Profile, you consent to allow any users of the Website or and Applications to access and use the Content. Similarly, when you publish any Content in our preset profiles (Family, Friends, Work) or any other profile that you have created, you consent to share the Content in these profiles with any user to which you have granted access to these specific profile(s).

Users granted access to your Public Profile, can never get access to your precise location through the Website or Applications. However, when you switch any other Profile On, you make your location visible to all users to whom you have granted access to that Profile, and Convos shall not be not responsible for any consequences resulting from such location release.

CONVOS CODE OF CONDUCT

By signing up to the Services, you are responsible to strictly respect and agree to the following Code of Conduct:

  1. You agree to open an account with Convos for the use of the Services using your Personal Data and not that of anyone else.

  2. You agree not to open more than one personal account on Convos.

  3. You agree not open an account or use the Service if you are under the age of 13.

  4. If you are under the age of 18, you must obtain the consent of your parent(s) / legal guardian(s) to use the Services.

  5. You agree not to open an account for the Service using any false information, or login into the Services using other people’s information or login details.

  6. You agree not to transfer your account to someone else.

  7. You agree not to use the Services for your own commercial benefit; including sending or posting unauthorized advertising such as, but not limited to, spam on the Website or Applications.

  8. You agree not to use the Services illegally or for any illegal purpose.

  9. You agree not use the Services for  any illegal and unlawful marketing scheme, such as multi-level pyramid schemes.

  10. You agree not to collect User’s contents or information without the consent and permission of Convos.

  11. You agree not to distribute User’s contents or information.

  12. You agree not to post or upload any virus or harmful codes on the Website or the Applications.

  13. You agree not to post or upload or display any material or content or graphics which are malicious, hostile, hateful, threatening, offensive, pornographic, illegal, false, misleading, derogatory, discriminatory, malicious, or harmful on the Website or the Applications.

  14. You agree not to post or upload or display any material or content that infringes or violates third party’s rights on the Website or the Applications. This includes copyrighted and commercial materials.

  15. You agree not to post or upload or display any material or content or graphics that encourages or incites violence.

  16. You agree not to bully, annoy, attack, threaten, intimidate or harass any user of the Services.

  17. You agree not to post or upload or display any material, content or graphics on the Website or the Applications, which contains or encourages nudity, smoking or mature content.

  18. You agree not to post or upload or display any material related to alcohol or illicit drugs.

  19. You agree to follow our commercial guidelines and all applicable laws if you post, publish or publicize any lottery, promotion, contest or advertisement on the Website or the Applications.

  20. You agree not to encourage, incite, solicit or do anything that would hinder or harm or weaken or cripple in any way the normal delivery of the Services by Convos.

  21. You agree not to post or upload any intellectual property belonging to third party.

  22. You agree not to infringe the copyright and intellectual property rights belonging to Convos, which includes but not are not limited to, trademarks, logos, concepts, names, icons, contents, graphics, designs, texts, script, source codes, logic sequences

If you violate any part of our Code of Conduct, we have the right to immediately terminate your account with Convos, and take any legal action if necessary.

FEES AND PAYMENTS

Convos may charge a fee on the provision of the Services, any upgrades and or add-on features to the Applications.  If so, you have the right to reject the provision of the Services, such upgrades and or add-on features.  However, if you choose to continue the Services (or the relevant chargeable part of the Services), or receive or subscribe for the upgrades and or add-on features provided under the Services, then you agree to be bound by the fees and payment terms as below:

When you confirm a fee payment for the provision of the Services, any upgrades and or add-on features to the Applications, you agree to be bound by and pay for that transaction.

You should provide complete and accurate payment details, including your credit card or paypal accounts, account name, address and contact number and confirm payment after checking the completeness and accuracy of the price for the Services, upgrades and add-on features which you pay for.

You irrevocably and unconditionally authorise us to charge the full amount to the payment by crediting your payment card(s) or paypal account so provided and to make inquiries to the processing bank, payment centre and or authority that we consider necessary, either directly or through third parties, concerning your identitiy and creditworthiness.

You may be presented with additional terms related to a specific purchase or subscription before you confirm the transaction. Those additional terms will also govern that transaction.

Any purchase or subscription to the Services, any upgrades and or add-on features to the Applications, once confirmed by you, are non-refundable.

If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss to you or to us. To the fullest extent permitted by law, you irrevocably and unconditionally waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.

You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.

ACCOUNT SECURITY

When creating your account on Convos, you are required to input your Personal Data and these Personal Data must be true, accurate and up to-date. It must be your own Personal Data and not some one else’s. You cannot open an account on behalf of anyone else. You can create only one account.

You cannot open an account with Convos if you are under 13.

Once you have signed up, you cannot share your password with third parties. You cannot transfer your account to a third party.

If your username appears improper or fallacious to us, or if we believe that it may infringe on third party's rights, we reserve the right to remove such name and or close your account.

DISCLAIMERS

When you sign up to Convos and use the Services, you agree to do so at your own will, discretion and risk. Convos, its directors, officers, employees or legal and authorized agents are not responsible or liable whatsoever:

  1. for any personal injury or damage to property of any nature arising from your use of Convos;

  2. for any loss, violation or access of your Personal Data and other personal, financial or commercial information arising from contents revealed in email, message or any transmission done through Convos by yourself or a third party;

  3. for any loss, violation or access of your personal, financial or commercial information by the unlawful and unauthorized access of Convos by a third party;

  4. for any virus or harmful codes transmitted through Convos by a third party;

  5. for any temporary suspension or interruption or termination of the Services;

  6. for the warrant or guarantee of the products or goods or services advertised on Convos by a third party. Any purchase or transaction of such products, goods or services done by you, is done with your own will, discretion and judgment. Convos is not resposible for it;

  7. for the contents, privacy policies or terms of use associated with any third party websites, which may be linked to Convos. When you use a third party website through Convos, you agree to use it at your own will, discretion and judgment, and you cannot hold Convos responsible for any damage, claim or liability resulting from your use of the third party website;

  8. for any services provided by third party websites, which may be linked to Convos;

  9. for any personal injury or damage to property arising from the violation of Convos’ Code of Conduct by any users of Convos or any third party;

  10. for any consequence of your location being released by you to third parties through Convos;

  11. for any information or data including, but not limited to, photos and videos, that is subject to intellectual property (IP) that you post on or release to third parties or third party websites linked to Convos, through Convos;

  12. for any misuse of the Services by its users, irrespective of whether such damage, claims, losses or injuries were foreseen or foreseeable.

In any event, any claim against us shall be limited to the amount you paid, if any, for use of the relevant Services.

RADAR

Your location on our RADAR may not always be accurate as it depends on your device's GPS or your input. You hereby acknowledge that we are not responsible for providing your location or that of your contacts incorrectly or inaccurately.

CONVOS SERVERS

Convos servers, which are used for hosting the Website and the Applications, are located in the United States of America. Users of the Services whether from the United States of America or from countries outside the United States of American or any other jurisdiction, irrevocably and unconditionally give their consent to Convos to allow their personal information and data transferred and processed in the United States of America.

You agree to comply and follow the local law of the country or jurisdiction from where you have signed up when you use the Services.

SERVICE PROVIDERS

We share your information with our service providers, who work with us to provide the Services. This may include outside (not members of Convos) persons or companies to host the Website and Applications, provide servers for photos and chats, geo-localization, process payments or provide with search results. We are not responsible for the actions of the service providers.

ACQUISITION, MERGER, SALE, BANKRUPTCY OR TERMINATION

If a third party/entity acquires Convos, by means of an acquisition, merger, sale or other means of control, we reserve the full and unconditional right to transfer or assign our users information, which we have collected, to the third party/entity who takes control of Convos through the acquisition, merger, sale or other means of control.

In the unfortunate event of bankruptcy, business mandatory or voluntary termination, or insolvency of Convos, we may not be able to control the transfer or use or disposal of your personal information, and neither Convos, its directors, or employees can be held liable or responsible for any resulting service discontinuation or termination.

INDEMNITY

You irrevocably and unconditionally agree to fully and effectually indemnify, defend and hold harmless CONVOS and all of its officers, directors, owners, employees, representatives, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all loss, liability or costs, including, without limitation, full legal costs on a full indemnity basis, incurred by the Indemnified Parties in connection with or arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from:

  1. your improper, illegal or unlawful use of the Services;

  2. the use of the Services by any third party through your user name and or password; or

  3. any breach of these Terms of Use by you.

In pursuant with the provisions of this clause, you shall cooperate as fully as reasonable required in our handling of any such claim. CONVOS reserves the right to assume the exclusive defence and control of any matter subject to the indemnification by you and CONVOS shall be entitled to be reimbursed by you for the full costs incurred.

GENERAL

CONVOS shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in these Terms of Use to any third party at its sole and absolute discretion.

These Terms of Use shall be governed by Hong Kong law. You agree that any action arising under these Terms of Use shall be subject to the non-exclusive jurisdiction of Hong Kong courts.

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