“101 Creative Pack” Hong Kong Edition – User Agreement
This User Agreement (hereinafter referred to as “this Agreement”) applies to the relevant rights and obligations of “101 Creative Pack” software (hereinafter referred to as the “Application”, “Software” or “Services”) published by Tangor Technology Limited (hereinafter referred to as “Publisher” or “Tangor”, a subsidiary of NetDragon WebSoft Holdings Limited (HK:0777) engaged in educational business) to describe the Publisher’s services to users (hereinafter referred to as “User” or “you”) of this Software and the detailed rules involved in your use of the Services. Therefore, before registering to become a user of “101 Creative Pack” software or starting to use services provided by “101 Creative Pack” software (including but not limited to “101AR” mobile application or web version, “101 VR” VR Assistant Windows version, VR Assistant Android version, VR Assistant iOS version, etc.), please read all this entire Agreement in detail.
After you have read this Agreement, if you do not agree with any of the terms of this Agreement or if you have any questions about this Agreement, please do not install, copy or use this Software. If you have already started or are using this Software, you have unconditionally accepted the relevant provisions of this Agreement and the management rules issued by the Publisher in this regard and are willing to be bound by it. In the event of a dispute, you shall be solely responsible for the fact that you did not read the Agreement carefully, and you must not make a defense on the ground that you did not read it carefully.
1. General
By installing the Software and using the services and features provided by the Software, you represent that you have agreed to enter into this Agreement with the Publisher. The Publisher may change the terms of this Agreement at any time. If there are any changes to the terms, the Software’s official website will publish an announcement as a notice. The revised terms will be automatically effective as soon as they are posted on the official website. In case of dispute, the latest Agreement shall prevail. If you do not agree with the changes, the Users can delete the Software. If the User continues to use the Software, it is deemed that you accept the changes of this Agreement.
2. Intellectual property rights
All intellectual property rights of the Software, and all information related to the software, including but not limited to: text description and its combination, graphics, illustrations, images, graphs and charts, colors, interface design, layout framework, relevant information, additional applications, printed materials, or electronic documents are owned by the owner(s) of the corresponding intellectual property rights of the software and are protected by copyright laws and international copyright treaties and other intellectual property rights laws and regulations.
Copyrights, patents, trademarks, trade secrets, and any other proprietary rights or rights related to the Services provided by the Publisher itself are exclusively owned by the owner(s) of the corresponding intellectual property rights of the Software. Without the consent of the Publisher, you may not use it for any other purpose (including but not limited to use in illegal activities, or reverse engineering, etc.) permitted by the Publisher or the intellectual property right owner of the Software.
Any data information (including but not limited to account data, application data, etc.) generated and stored in the Software database during the operation of this Software, except for the user’s name, identity card number, telephone number, and other personally identifiable information, belongs to the owner(s) of the corresponding intellectual property rights of the Software. In the normal use of the Software in accordance with this Agreement, the User enjoys limited use of information belongs to other Users’ accounts.
3. Restrictions on Rights
3.1 Reverse engineering, reverse compiling and reverse assembly are prohibited: Users are not allowed to reverse-engineer, decompile or reverse assemble the Software product, and they must not modify any resources compiled inside the program file. Except as expressly permitted by laws and regulations to allow such activities, Users must comply with this Agreement.
3.2 Component Separation: The Software product is licensed as a single product, and the User must not use the components separately for any purpose.
3.3 Rights Reserved: All other rights not expressly authorized by this Agreement shall still belong to the owner(s) of the corresponding intellectual property rights of the Software. When users use other rights, they must obtain the written consent of the Publisher or the owner(s) of the corresponding intellectual property rights of the Software.
4. Notice to Users
4.1 As your password is the means by which the Publisher identifies you and by which you access your user account in the Services, you should keep it secure. The Publisher will not be responsible for any unauthorised access to your account due to your failure to keep your password secure.
4.2 Product support of the software is provided by the Publisher.
4.3 Software Modifications and Upgrades: The Publisher reserves the right to provide Users with modifications and upgrades to the Software, without any notice.
4.4 This software does not contain any malicious code that is intended to damage the User’s computer data or obtain User’s personal data. It does not contain any function code that tracks or monitors the User’s computer. It does not monitor User’s online or offline behavior. Users’ personal information such as the use of other software and documents will not be collected. It does not disclose User’s personal information.
4.5 Users should use this Software in accordance with the law and this Agreement. Users are not authorized to implement, including but not limited to, the following:
4.5.1 delete or change all rights management digital information on the Software;
4.5.2 deliberately avoid or destroy the technical measures taken by the copyright owner(s) to protect the copyright of the Software;
4.5.3 use this Software to mislead or deceive others;
4.5.4 violate the regulations of the Hong Kong Special Administrative Region, delete, modify, increase, and interfere with the functions of the computer information system, resulting in failure of the computer information system to function properly;
4.5.5 access to computer information network or use computer information network resources without permission;
4.5.6 remove, modify, or add to computer information network functions without permission;
4.5.7 delete, modify, or add data or applications stored, processed, or transmitted in the computer information network without permission;
4.5.8 destroy the normal operation of the Software system or website, and intentionally spread computer virus and other destructive programs;
4.5.9 directly or indirectly, allow others to use your username or password;
4.5.10 attempt to gain unauthorised access to the Services, other User’s accounts or passwords, computer systems or networks connected to this Services, through password mining or any other means;
4.5.11 any other actions that endanger the security of computer information networks.
4.6 For Software products downloaded from websites or distributed from media not specified by the Publisher, the Publisher cannot guarantee whether or not the Software is infected with a computer virus or contains a Trojan horse or a hacker program. The use of such software may result in unpredictable risks. It is recommended that Users do not easily download, install or use the Software. The Publisher does not assume any legal liability arising therefrom.
5. Privacy Protection
5.1 This Software respects and protects the privacy of all Users and does not steal information from any User’s computer.
5.2 The protection of User’s personal data is a basic principle of the Publisher. The Publisher will take reasonable measures to protect the User’s personal data. Except for the circumstances stipulated by laws and regulations, the Publisher will not make public or disclose the personal data of the User to third parties without the user’s permission.
5.3 During the process of applying for this service, you need to fill in some necessary information. Please keep the information true, accurate, legal and effective, and pay attention keep it updated in a timely manner, so that the Publisher can provide you with timely and effective support and provide you with better services. According to relevant laws, regulations and policies, please fill in your true identity information. If the information you provide in is incomplete or inaccurate, you may not be able to use the Service or be limited in its use.
5.4 Through your understanding or use of the Service, you shall respect the personal data of any person, including but not limited to other Users, received or accessible. You shall not use it to collect, copy, store, transmit or otherwise use any User’s personal data, otherwise, the resulting consequences are your own responsibility.
6. Limited Liability and Warranty
6.1 The Services are provided by the Publisher on an “as is” and “as available” basis. Neither the Publisher nor its affiliates make any representations or warranties of any kind, express or implied, as to the operation of the Services or the accuracy, adequacy or completeness of the content or Software included in the Services. To the full extent permissible by applicable law, the Publisher and its affiliates disclaim all warranties, express or implied, including, but not limited to any representations or warranties as to:
6.1.1 The availability of the Services or that it will be uninterrupted or error-free, or that defects will be corrected;
6.1.2 The accuracy, adequacy or completeness of any content in the Services;
6.1.3. The merchantability, standard of quality or fitness for any particular purpose of any products available in the Services;
6.1.4 The use or exercise of reasonable care and skill in providing or delivering any services on or through the Software or the timeliness of services offered or provided in the Software;
6.1.5 Non-infringement of any third party intellectual property rights; or
6.1.6 The Services being free of computer viruses or other harmful elements.
6.2 The use of this Software product is at the user’s own risk. The Publisher does not assume any responsibility for, to the fullest extent permitted by applicable law, any damages and risks resulting from the use or inability to use the Software, including but not limited to direct or indirect personal damage, loss of commercial profits, trade interruptions, loss of business information, or any other economic losses.
6.3 The Publisher shall not be liable for any loss resulting from failure of the telecommunication system or internet network, computer malfunction or virus, information damage or loss, computer system problems or any other force majeure.
6.4 If a user violates the provisions of this agreement and causes damage to the Publisher, the Publisher has the right to take measures including, but not limited to, interrupting the use of licenses, stopping the provision of Services, restricting use, and legal investigation.
6.5 The Publisher is not responsible and does not assume any legal responsibility for any accidents, negligence, breach of contract, defamation, infringement of copyright or intellectual property rights caused by the use of the Software, and damages caused (including downloading the Software from an unofficial site thus being infected by computer viruses).
6.6 Users use the Software at their own risk. The Software is not guaranteed in any form. If the User cannot upgrade due to technical reasons such as network conditions and communication lines, the Publisher also does not assume any legal responsibility.
7. Usage Rules
7.1 You are responsible for your own use of the Software Services and you are responsible for ensuring that the following principles are followed in the use of the Software Services:
7.1.1 Comply with the relevant laws and regulations of the Hong Kong Special Administrative Region;
7.1.2 Comply with this Agreement and related management regulations issued by the Publisher;
7.1.3 Shall not in any way infringe on the legitimate interests of third parties and the Publisher;
7.1.4 The Publisher’s Services shall not be used for any illegal or infringing activities, including but not limited to the use of Services to display and disseminate information that includes pornography, racism, bad taste, obscenity, defamation or insulting information, or any content of hatred, discrimination, and prejudice against religion, national traditions, race, gender, and age.
7.2 The Publisher has the right to review and supervise the use of your Services. If the Publisher believes that you have committed an illegal or breach of contract in its own independent judgment, it has the right to request that you correct the corresponding actions and take all necessary measures (including but not limited to changing or removing your posted or uploaded content, suspend or terminate your use of the Publisher’s Services, etc.) to reduce the impact of your actions. However, you confirm that the Publisher’s censorship does not set any responsibility for it nor relieve you of any of your obligations.
8. Indemnity
8.1 You agree to defend, indemnify and hold the Publisher, its employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of these Terms of Use and/or your use of the Services. The Publisher may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the Publisher’s rights or obligations without the Publisher’s prior written approval. The Publisher reserves the right, at its own expense and on notice to you, to assume exclusive defence and control of any claim or action.
9. Law and Dispute Resolution
9.1 This agreement shall apply to the laws of the Hong Kong Special Administrative Region.
9.2 Any dispute arising from this Agreement or related to this Agreement shall be settled through friendly negotiation. If the negotiation fails, either party may submit the dispute to the competent jurisdictional court of the Hong Kong Special Administrative Region for settlement.
10. Advertising Information
10.1 The Publisher’s “101 Creative Pack” may place advertisements for promotional activities. These contents are originated from advertising agencies or product service providers, and the Publisher only provides media for publishing such contents. The service or merchandise purchased or used by the User through the Publisher or the website it links to is only between the User and the provider of the product or the service, without relation to the Publisher.
10.2 The User may, within the limits permitted by law, make remarks in the relevant location on the software or on the website. If the user arbitrarily adds promotional materials, advertisements or other information to the published remarks, the information content is not related to the Publisher. The corresponding responsibility is borne by the User, and the Publisher is not obligated to take any responsibility for this.
11. Other Terms
11.1 If any term in this Agreement is completely or partially invalid or has no execution power for any reason, or violates any applicable law, the clause is deemed deleted, but the remaining clauses of this Agreement shall remain valid and binding.
11.2 All rights of interpretation and modification of this Agreement shall be owned by the Publisher.
This Chinese version is for reference only. If there is any discrepancy or inconsistency between the Chinese and English versions, the English version shall prevail.
14 March, 2018
Privacy Policy Statement (“PPS”)
We respect your legal rights of privacy when collecting, storing, using and transmitting personal data and this Privacy Policy explains our privacy practices. It is our policy to comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of the Hong Kong Special Administrative Region and all related codes of practice and guidance notes issued by the Privacy Commissioner. In doing so, we will ensure compliance by our staff with the strictest standards of security and confidentiality. Please read the following carefully to understand our policy and practices regarding how your personal data will be treated.
Tangor Technology Limited may change this policy from time to time by updating this page in the Application and the Website. You should check this page from time to time for updates. If you are under the age of 13 you must consult your parent or guardian before accepting this PPS.
“Personal data” means any personally identifying information or sensitive data (such as names, contact details) from which it is practicable for the identity of an individual to be ascertained.
1. Purposes for which we will use your Personal Data
We limit the access, collection and use of data to the specific information listed below that we need to operate our business, provide our services to you and offer various opportunities and information which may be of interest to you.
(i) Contact Details
When you use the Application to open a user account, update your profile, submit application, make enquiry and/or otherwise use the Services provided via the Application/Website, you may have to provide us your data including but not limited to your name, contact details and email address. We use this information to verify identity, record, communicate with you about news, notices and other communications of Services, implement your instruction, process your application, respond to your enquiries or those made in your name, and provide efficient and responsive services.
(ii) Social networking sites connection
Certain features of the Application may be able to connect to third party social networking sites (“Social Networking Sites”). If you choose to access Social Networking Sites through the Application, may be able to collect certain information from your social networking profile that is released by the Social Networking Sites. This information may include, but is not limited to, your basic information. Tangor Technology Limited collects your personal data only for the purpose of providing you with the connection to the Social Networking Sites.
(iii) Computing Device information
Tangor Technology Limited uses a reputable third-party analytics provider to collect aggregated information about your computing device, including but not limited to device type/manufacturer, operating system type and version. This data is collected in the aggregate, but may include or be associated with data that you have voluntarily submitted.
2. Disclosure
In cases where we do collect personal data from you, we will:
- tell you (by way of this Privacy Policy Statement or by a separate notification) that we are doing so and the use that we will make of such personal data we collect;
- where relevant, give you the opportunity to object to the use of your personal data in direct marketing; and,
- tell you how we will store your personal data and how you can review, change and delete the personal data we have stored.
We will take all practicable steps to keep your personal data confidential, but we may transfer / assign such data to the following parties:
- if Tangor Technology Limited decides to sell any relevant part of business, to any actual or proposed assignee, transferee or successor of or to Tangor Technology Limited’s rights in respect of your personal data;
- any agent, contractor or third-party service provider who provides administrative, telecommunications, computer, redemption management and other services to Tangor Technology Limited and/or the Services; and,
- any person to whom Tangor Technology Limited is under an obligation to make disclosure under the requirements of any law binding on Tangor Technology Limited or for the purposes of any guidelines or codes of practice issued by regularly or other authorities with which Tangor Technology Limited is expected to comply.
3. Security
Except as mentioned in clause 2 on “Disclosure” above, your personal data, however stored, will be accessed only by our employees or contractors who are authorized to do so. Where personal data is stored electronically, it will be kept on a separate server and will be password-protected (or under some equivalent form of protection) and accessible only by authorized personnel of Tangor Technology Limited or its contractors. Employees and contractors designated to handle personal data will be instructed to do so only in accordance with this Privacy Policy.
4. Use of Personal Data in Legal Proceedings
If it becomes necessary that we have to take action against you for any reason whatsoever including recovering from you any money you owe us, you expressly agree that the personal data provided by you can be relied upon in identifying and taking legal action against you.
5. Your Right to Access and Correction
You may at any time request access to and to correct personal data relating to you in any of our records. You may also ask us to delete you or your personal data from any active mailing or distribution list. To exercise any of your rights, contact us at the address below, marking your communication “Confidential”. In response, we may ask you to provide certain details about yourself so that we can be sure you are the person to whom the data refers. We are required to respond to your requests within 40 days, but we may charge you a reasonable fee for doing so.
6. Personal Data Privacy Officer
The person to whom: (1) requests (i) for access to data or correction of data, (ii) for general information regarding our policies and practices with respect to personal data and (iii) about the kinds of personal data that we hold and (2) general questions and complaints should be addressed is as follow:
Personal Data Privacy Officer
(Marked “Confidential”)
Address: 18/F, 10 Knutsford Terrace, Tsimshatsui, Kowloon, Hong Kong
7. Retention of Data
We will keep your personal data only for as long as necessary to fulfill the purpose which the data was collected. We may also retain archived personal data for statistical purposes. Personal data which are no longer required will be destroyed.
This Chinese version is for reference only. If there is any discrepancy or inconsistency between the Chinese and English versions, the English version shall prevail.
14 March 2018