Effective date: May 2024
FOR YOUR REFERENCE, THE TABLE OF CONTENT OF THIS TERM OF USE IS LISTED BELOW:
1. Acceptance of The Terms of Service
2. Your Privacy
3. Description of The Service
4.Your Account with Us
5. Your Access to and Use of the Service
6. Content
7. Indemnity
8. EXCLUSION OF WARRANTIES
9. LIMITATION OF LIABILITY
10. Other Terms
11. ARBITRATION AND CLASS ACTION WAIVER.
Welcome to inSpaze (the “Platform”), which is provided by HELLOSPACE TECHNOLOGY PTE.LTD. (“inSpaze”, “we” or “us”).You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform, our related websites and services (collectively, the “Services”). The Terms form a legally binding agreement between you and us. For purposes of these Terms, “you” and “your” means you as the user of the Services. Please take the time to read them carefully.
The Platform is only for users over the age of 14 and is not directed at persons under the age of 14. Persons under the age of 14 are not allowed to use, or register an account on, the Platform.
IF YOU HAVE NOT ATTAINED THE AGE OF MAJORITY (18 YEARS OLD IN UNITED KINGDOM/UNITED STATES/CANADA, EUROPEAN ECONOMIC AREA/SWITZERLAND,18 YEARS OLD IN MOST COUNTRIES) OR OTHERWISE SPECIFIED BY THE LAWS AND REGULATIONS OF YOUR COUNTRY OR REGION OF RESIDENCE. IN YOUR COUNTRY OF RESIDENCE, YOU MUST OBTAIN THE NECESSARY PERMISSION IN THE FORM REQUIRED BY LAW FROM YOUR PARENTS OR OTHER LEGAL REPRESENTATIVES. BY USING AND PARTICIPATING IN THE GAME YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
By accessing or using our Services, you confirm that you can form a binding contract with inSpaze, that you accept these Terms and that you agree to comply with them. You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
We amend these Terms from time to time, for instance when we update the functionality of our Services, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Effective date” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
ARBITRATION NOTICE FOR USERS: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND INSPAZE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND INSPAZE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT [ inSpaze], AS AN OPEN HALL TYPE OF APPLICATION, WILL NOT TAKE ADVANTAGE OF THE OPEN NATURE OF THIS APPLICATION TO SHARE ANY BEHAVIOR, CONTENT, OR SPEECH THAT IS UNACCEPTABLE TO OTHERS, REGARDLESS OF THE DEVICE OR MANNER IN WHICH YOU USE IT, FOR EXAMPLE:
CONTENT THAT IS PROHIBITED FROM POSTING UNDER THIS AGREEMENT
REPEATED COMMERCIAL BEHAVIOR SUCH AS OFFERING SERVICES, GOODS OR REQUESTS USING INTERACTIVE FEATURES TO HARASS OTHERS
YOU ALSO SPECIFICALLY AGREE AND ACCEPT THAT AS A MEMBER OF THE COMMUNITY YOU INTEND TO FOLLOW ALL COMMUNITY MANAGEMENT PRINCIPLES AND ACTIVELY PARTICIPATE IN THE MAINTENANCE OF THE COMMUNITY ORDER, IN PARTICULAR TO PAY ATTENTION TO AND PROTECT THE POSSIBLE PRESENCE OF UNDERAGE USERS, AND TO PROMPTLY COMMUNICATE WITH US THROUGH OUR CUSTOMER SERVICE SYSTEM ABOUT ANY VIOLATIONS OF THE COMMUNITY GUIDELINES AND THE PROVISIONS OF THIS AGREEMENT THAT YOU DISCOVER.
Your privacy matters to us, we respect the privacy of our users. You can learn how your information is handled when you use our Services by reading our Privacy Policy, the terms of which can be found directly on the Platform. Your access to and use of our Services is also subject to our Privacy Policy . By using the Services, you consent to the terms of the Privacy Policy.
The Service is an internet information service that authorizes users to create and set up their own rooms through their accounts, participate in other people's rooms according to rules, engage in interactive chatting, participate in games, etc.
We’re relentlessly improving our Service and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Service altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You need to log in and use our services with your Apple ID.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. It is in our reasonable discretion, that we may at any time:
(a) Stop any part or all of your App Accounts;
(b) restrict your access to any content-uploading or other features of our Services; and/or
(c) restrict your access to OR WE MAY DELETE VIRTUAL ITEMS OR ANYTHING YOU HAVE ACQUIRED BY CONSUMING THE VIRTUAL ITEMS. THESE ACTIONS MAY RESULT IN LOSS OF REAL MONEY PAID IN PROHIBITED TRANSACTIONS, SUCH AS ACCOUNT TRADING.
You may exercise your right of appeal against any of our actions taken by sending an email to inspaze.src@hellospace.group. All final decisions regarding the raised appeals will be determined by us at our sole discretion acting reasonably.
If you no longer want to use our Services again, and would like your account deleted, contact us at: inspaze.src@hellospace.group. We will provide you with further assistance and guide you through the process.Or you can delete your account in Settings.Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added. UPON YOUR REQUEST TO TERMINATE YOUR ACCOUNT OR OUR FINAL DECISION TO TERMINATE YOUR ACCOUNT (OUR DECISION TO PERMANENTLY WITHDRAW A SERVICE FROM THE MARKET SHALL BE EXCLUDED), YOU WILL NOT RECEIVE ANY COMPENSATION OR REIMBURSEMENT FOR ANY VIRTUAL ITEMS FOR ANY REASON, WHETHER SUCH TERMINATION WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW OR POLICY IN YOUR COUNTRY OF RESIDENCY.
Your access to and use of the Service is subject to these Terms and all applicable laws and regulations. You may not:
● access or use the Services if you are not fully legally competent to agree to these Terms；
● violate any applicable law, regulation, public order, morals or customs in connection with your access to or use of the Services;
● make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
● distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
● market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
● use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming , exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by us;
● create more than one account for yourself, create another account if we have already disabled your account, attempt to access the Service through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, a username, or a friend link;
● interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
● incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
● send money or provide financial information to any person that you have communicated with or met via the Website;
● use automated scripts to collect information from or otherwise interact with the Services;
● impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
● intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
● Cyberbully others in the course of the Game Services.
● Use any content in the game and game community for the development of AI tools (such as model training) or use AI tools for any form of content creation (AIGC) without the written consent of the rights holder;
● use or attempt to use another’s account, service or system without authorisation from inSpaze, or create a false identity on the Services;
● use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way : any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way: any private information of any third party, including email addresses, APPLE ID number;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way : any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of inSpaze or any other person;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way: any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way: any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way: any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way: any material that contains a threat of any kind, including threats of physical violence;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way: any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way: any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
● use the Services to upload, transmit, distribute, store or otherwise make available in any way: any material that, in the sole judgment of inSpaze, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose inSpaze, the Services or its users to any harm or liability of any type;
● upload, post, stream, show or share nude or partially nude or any sexually suggestive photos ,videos or audios;
● improperly use in-app support or complaint buttons or make improper, false or spurious reports to us; or
● access or use the Service in any way not expressly permitted by these Terms.
Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.
● Infringe the portrait rights of a third party, or make remarks in the name of a third party.
As between you and inSpaze, 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 “inSpaze Content”), are either owned or licensed by inSpaze, 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 inSpaze 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, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the inSpaze Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. inSpaze reserves all rights not expressly granted herein in the Services and the inSpaze Content. You acknowledge and agree that inSpaze 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 inSpaze 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 Services (including User Content).
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 the Service” 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.
Although we do not store your likenesses, facial expressions, or voices, because some of the functionality is derived from Apple Vision Pro's underlying functionality, you are required to provide permission to display and transmit such content to other users in real time.
In particular, you agree that because our product is an open community, and because we have access control systems in place, we support video recording in all of our major virtual scenarios, and you acknowledge that your likenesses, facial expressions, and voices may be recorded and transmitted, and that by using this functionality, you are granting us, and other users of this functionality, a perpetual, irrevocable, worldwide license, with the scope of this license being All of your actions, expressions, words, and other expressions when you use the feature.
You further grant us a royalty-free license to use your username, profile image, and likeness to identify you as the source of any of your User Content.
All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
You specifically acknowledge and promise that you will confirm the intellectual property status of any content before submitting it, that you will not upload or display third-party content in our Communities in any way without authorization or permission, that you do not have legal permission or authorization from the right holder, and that you hereby grant us the right to supervise and deal with this behavior, and agree to comply with our requests in the event of any disputes. You hereby grant us the right to monitor and deal with such behavior, and agree that in the event of a dispute, you will assume all obligations, including the obligation to provide a statement and warranty, in the manner requested by us, to prevent our community, products, company and affiliates from being subjected to moral or legal action by any person, and that you are willing to bear all damages, including costs of defending your rights and public relations expenses, to our community, products and company as a result of the above behavior.
For other users whose content may infringe your rights, you may choose to contact us in one of the following ways:
1. The report button in our products
2. Our customer service system
3. Our complaint e-mail [ inspaze.src@hellospace.group ].
We recommend that you use the complaint mailbox system, through a more detailed introduction and evidence, as well as to provide you with the rights of the supporting documents to minimize the handling of your complaint processing cycle.
Please note that we are not a judicial department, so our judgment on the facts is only the conclusion we make through the description and materials submitted by both parties to the dispute, combined with our own internal judgment to deal with the conclusion, so we again remind you that your full description and proof is essential. We are not responsible for the final evaluation results, if you need further relief, you may need to contact the relevant judicial authorities.
inSpaze takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is inSpaze’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.
OFFENSIVE REMARKS
You specifically agree and understand that as an open community, we encourage respect for diversity, which means that we have the right to make some restrictive and punitive measures, as appropriate, to maintain the order of the community when your speech, behavior, actions, etc. may be offensive to other races, genders, and groups. The above measures cannot be listed exhaustively in this Agreement or other rules due to the diversity of cultures, languages, habits, history and other factors worldwide, nor can a specific standard be established to satisfy everyone, so when implementing restrictive and punitive measures, you agree that we can make judgments and evaluations without having to state specific reasons.
You agree to defend, indemnify, and hold harmless inSpaze and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
● YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
● YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
● ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
● DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
● GET THE SAME EXPERIENCE WHEN USING IT ON DIFFERENT DEVICES, ESPECIALLY WHEN THERE ARE DIFFERENCES IN DEVICE TYPE, PERFORMANCE, FUNCTIONALITY, AND MAINTENANCE STATUS.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
● (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
● (II) ANY LOSS OF GOODWILL;
● (III) ANY LOSS OF OPPORTUNITY;
● (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR
● (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
● ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
● THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
● YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
● YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
Entire Agreement. These Terms constitute the whole legal agreement between you and inSpaze and govern your use of the Services and completely replace any prior agreements between you and inSpaze in relation to the Services.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programms and platform to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Service, and WE will have no liability or responsibility with respect thereto. We reserve the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
If a counter-notice is received by inSpaze’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the Content Provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at inSpaze’s sole discretion.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and inSpaze, you will first contact inSpaze and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of inSpaze’s services and/or products, including the Services, or relating in any way to the communications between you and inSpaze or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and inSpaze. However, this arbitration agreement does not (a) govern any Claim by inSpaze for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.
APPLICABLE LAW AND JURISDICTION. THE TERMS ARE GOVERNED BY THE LAWS OF SINGAPORE. ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE TERMS, INCLUDING ANY QUESTION REGARDING EXISTENCE, VALIDITY OR TERMINATION OF THE TERMS, SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE (“SIAC”) IN ACCORDANCE WITH THE ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE ("SIAC RULES") FOR THE TIME BEING IN FORCE, WHICH RULES ARE DEEMED TO BE INCORPORATED BY REFERENCE IN THIS CLAUSE. THE SEAT OF THE ARBITRATION SHALL BE SINGAPORE. THE TRIBUNAL SHALL CONSIST OF THREE (3) ARBITRATORS. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. IF YOU WISH TO BEGIN AN ARBITRATION PROCEEDING, AFTER FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU MUST SEND A LETTER REQUESTING ARBITRATION AND DESCRIBING YOUR CLAIM TO:
HELLOSPACE TECHNOLOGY PTE.LTD. 71 Robinson Road, #05-04 Singapore 068895
Email Address:inspaze.src@hellospace.group
If you do not want to arbitrate disputes with inSpaze and you are an individual, you may opt out of this arbitration agreement by sending an email to__inspaze.src@hellospace.group___within thirty (30) days of the first of the date you access or use the Services.
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and inSpaze each waive any right to a jury trial.
If you are using our Services in Australia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by applicable laws and regulations.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable laws and regulations and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
If you are using our Services in India, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
By agreeing to these Terms and by accessing or using our Services, you acknowledge that you have read and understood these Terms and provide your consent to be bound by these Terms and our Privacy Policy.
Your access to and use of our Services. You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content) any User Content that:
● is obscene, pornographic, pedophilic;
● is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
● harms minors in any way;
● deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
● threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
User–Generated Content. You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favour of inSpaze and all of its group companies, affiliates and successors in title and interest, whether existing or in future.
In the event you are required to indemnify us pursuant to these Terms or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.
If you are using our Services in the United Arab Emirates (“UAE”), the following additional terms shall apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
Accepting the Terms: By agreeing to these Terms and accessing or using our Services, you acknowledge that you have read and understood these Terms, the additional terms herein and provide your consent to be bound by these Terms, the Privacy Policy, and all other policies or agreements referred to herein.
If you are using our Services in United States of America, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
If you live in the United States, the laws of the state where you live govern all claims, regardless of conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts of California, for all disputes arising out of or relating to these Terms that are heard in court (excluding arbitration).
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
In the event of a dispute, you and we agree to try for sixty (60) days to resolve it informally. If you and we are unable to come to informal resolution within sixty (60) days, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA") (with such arbitration to be conducted under the AAA's Commercial Arbitration Rules), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator's decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, and nor is combining individual proceedings without the consent of all parties. These Terms govern to the extent they conflict with the AAA's Commercial Arbitration Rules or Consumer Arbitration Rules. You and we must file in arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won't be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of these provisions regarding arbitration is found to be illegal or unenforceable, that provision will be severed but the rest of these provisions regarding arbitration still apply.
If you are a California resident, then (except to the extent prohibited by applicable laws) you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”.
Unless you have provided your consent, or to the extent otherwise described in our Privacy Policy, we will only use your information for the following purposes:
for planning requirements in relation to network operations or network maintenance for any service provided by us, excluding activities which are commercial in nature such as business, market or product research or development;
for facilitating interconnection and inter-operability between us and such other telecommunication licensee for the provision of services;for the provision of assistance to law enforcement, judicial or other government agencies;
for compliance with any regulatory requirement imposed by the Info-communications Media Development Authority authorizing the use of your information (for example, for the provision of directory assistance services).