1. CONSENT AND ACCEPTANCE
1.2 The User hereby declares that, (i) the User is not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in the country where the User is located and has the full legal capacity or the User has obtained informed consent from your parents or guardian to use the Web Services; (ii) The information that the User provide in the registration process is correct, true, up to date and accurate.
1.3 Except as stipulated otherwise in this Agreement, the Agreement does not provide for the terms of service relating to the use of other application or other services of Marki . The User shall enter into relevant user agreement if he/she intends to use such app or service.
1.4 In the Agreement, the User and Marki shall be jointly referred to as the "Parties" and any one of them as a "Party".
2. TERMS AND CONDITIONS
2.1 By entering the Agreement, Marki does not endorse any content produced by any user or other licensor via Marki, or any opinion, recommendation, or advice expressed therein, and Marki expressly disclaims any and all liability in connection with such content.
2.2 For you to enjoy any and all functions provided by the app Marki(hereinafter referred to as "the Service") for free, including free access to and use of the Service, you acknowledge and agree that Marki may generate revenues, increase goodwill or otherwise increase the value of NeoTasks from your use of the Service.
2.3 To its best knowledge, Marki operates Marki in compliance with applicable laws and/or regulation in jurisdictions where Marki is allowed to operate. Marki makes no representation that Marki 's user-generated contents or practices would be legal in every jurisdiction. It's your responsibility to check and see whether Marki's operation is prohibited or not in your country of residence.
2.4 You shall ensure that you are civilly capable of accepting the service and not underage based on applicable laws, which constitutes a minor in your resident country. If you are a minor, you are required to acquire permission from your legal guardian to use our app in your resident country. You are solely responsible for any negative outcome derived from your violation to such mandatory requirement.
2.5 You shall not reproduce, distribute, publicly perform, communicate to the public, synchronize or otherwise use and exploit any third party content, including but not limited to, pictures or messages you upload to the app. You are solely responsible for securing the rights or license to any third party content, including but not limited to, pictures or messages you upload and share on Marki or other social medial platforms.
2.6 You hereby agree not to use Marki to conduct any activities that are against religious principles, public policies or any applicable laws. You shall not use Marki to conduct any activities that are in relation with terrorism, pornography, religious extremism, drugs traffic or other illegal activities. You are solely responsible for any negative outcome derived from your violation to such mandatory requirement.
2.7 You agree not to use the Service for any of the following commercial uses unless you obtain Marki 's prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content;
2.8 You agree not to use or launch any automated system, including but not limited to, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to Marki servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
2.9 You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or enforce limitations on use of the Service or the content therein.
2.10 If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
2.11 Marki may in any event terminate this Agreement by sending a termination email to the User.
2.12 If users violate laws, regulations and platform rules, after receiving the report, the platform may submit some voice records and/or text message as the basis for content audit and investigation.
3.1 Without our prior written approval, you cannot transfer the account to any other third party.
3.2 You will not create an account for anyone other than yourself without permission and you will not create more than one personal account. And if Marki disabled your account, you will not create another one without our permission.
3.3 Although Marki will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Marki or others due to such unauthorized use.
3.4 Marki may disable your account if Marki reasonably believes that you use this account to carry out any illegal activities.
3.5 Marki values your privacy and agrees not to disclose or provide your registration information or any non-public content to third parties and will not use it for advertising purposes. These may be collected when you use our services, unless we obtain your prior approval or we are required to pass the applicable authority under the applicable laws or regulations.
3.6 Notwithstanding the foregoing, Marki may disclose your registered information to our affiliated companies for data analysis from commercial perspective or disclose your registered information to our partner if such partner agrees to protect the information in the way Marki does.
3.7 Marki may use your information in the app for the rankings and may exhibit them for others to see.
3.8 Privacy-relevant permissions requested by Marki:
Used for permissions that are associated telephony features. This permission is triggered by Google Play Install referrer API, which allows Marki to collect information of app downloading and usage. Turn on this permission, we will collect the user's local mobile phone number, used for account matching and address book friend recommendation, so as to interact and play with friends in Marki. Marki collects the local mobile phone number information only in the user's manual consent scenario, and strictly keeps the information obtained from this permission. We will also collect telephony information such as IMEI and device ID.
ii LOCATION AND IP
Used for permissions that are associated with accessing user's location. This permission allows Marki to exhibit the user's location in the profile and recommend interesting people aside the user's location.When you post information such as audio and video or watch nearby videos, we will ask you to authorize the location and collect location information related to the service. These location information includes information such as IP address, GPS, and the like.
Used for permissions that are associated with accessing camera or capturing images/video from the device. This permission allows Marki to capture the user's selfies in order for them to be viewed in the profile, or allows the user to take photos and send to friends on Marki.
Used for permissions that are associated with accessing and uploading from the storage in the user's device. The permission allows Marki to download video resources.
Used for permissions that are associated with accessing microphone in the user's device. The permission allows the user to shoot videos on Marki.
vi Read the List of Installed Applications
This permission allows Marki to read the list of installed applications in users' devices, With user's permission, the information of third-party apps can be accurately provided, allowing users to share anytime conveniently.
vii CONTACTS OF PHONE
sed for permissions that are associated with accessing the contacts in the user's device. This permission allows Marki to recommend the user's friends in the contacts to himself so as that they can share videos and have fun on Marki together.
Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
As between you and Marki, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Services, and all intellectual property rights related thereto (the "Marki Content"), are either owned or licensed by Marki, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the Marki Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including to download the Platform on a permitted device, and to access the Marki Content through your use of the Services. Marki reserves all rights not expressly granted herein in the Services and the Marki Content. You acknowledge and agree that Marki may terminate this license at any time for any reason or no reason.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Marki Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform (including User Content).
4.1User-Generated Content Users may be permitted to upload or transmit (such as via a stream) or otherwise make available content through the Services ("User Content"). Users may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the "Supplemental Terms – Virtual Items Policy") and other elements provided by Marki ("Marki Elements") onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Marki Elements, have not been verified or approved by us. The views expressed by other users on our Platform (including through use of the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services, or to make contact with other users of the Services, you must comply with the standards set out at "Your Access to and Use of Our Services" above. You may also choose to upload or transmit your User Content, including User Content that includes Marki Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at "Your Access to and Use of Our Services" above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. User-uploaded content will be seen by other users unless the user settings are visible only to themselves. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Services. You warrant that your User Content is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or illegal. You warrant that your User Content does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
You or the owner of your User Content still own the copyright in the content sent to us, but by submitting content to us, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and to authorise others user of the Services and other third-parties to view, access, use, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out at "Your Access to and Use of Our Services" above.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you wish to complain about information and materials uploaded by other users please contact us at: Attention: Tony
Email address: email@example.com
Marki takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Marki's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
4.2 All text, data, images, graphics, audio and/or video information and other materials produced when using our app or service are property of Marki and are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring you any license of any intellectual property rights or such materials.
4.3 You are prohibited from copying, displaying, downloading, modifying, reproducing or creating any derivative works of such materials, directly or indirectly published, performed, rewritten or republished for performance or distribution purposes, or otherwise used for commercial purposes without prior written consent from us.
4.4 Marki shall not be liable for any loss or damage incurred by you when using Marki or service or incurred by systematic problem.
4.5 Any intellectual property rights of any software, works (including but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party shall not be infringed. You cannot reverse engineer, decompile or disassemble such software or works without the prior permission of the copyright holder.
4.6 The content on your recorded short videos on Marki, and the trademarks, service marks and logos (hereinafter referred to as "Marks") in the videos, are owned by or licensed to Marki, subject to applicable copyright law and other intellectual property law.
4.7 You hereby grant Marki worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit and perform the videos in connection with the Service, which is perpetual and irrevocable.
5.LIMITATION OF LIABILITY AND INDEMNITY
To the fullest extent permitted by law, in no event shall Marki, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any of the following,
i errors, mistakes, or inaccuracies of what you produce on Marki or other social media,
ii personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,
iii any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
iv any interruption or cessation of transmission to or from our services,
v any bugs, viruses, trojan horses, or the Marki, which may be transmitted to or through our services by any third party, and/or
vi any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Marki is advised of the possibility of such damages.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless towards Marki, its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
i your use of and access to use any and all functions provided by Marki;
ii your violation of any term of the Agreement;
iii your violation of any third party right, including without limitation any copyright, property, or privacy right;
iv any claim that your videos caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Service.
6.1 Unenforceability of some terms of the Agreement shall not affect validity of any other terms in the Agreement. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and Marki's failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
6.3 This agreement may appear in different languages and the English version shall prevail if any content of any other version in any other language conflicts with the equivalent part of this English version.