Terms of Service

Last Updated: April 28, 2022

Welcome to WowKit!

These terms of service (the "Terms") as amended from time to time govern the relationship and serve as an agreement between you and ZeroPixel Co.,Ltd.(the "Company", "we", or "us") and set forth the terms and conditions by which you may access and use the Platform and our related services, applications, products and content (collectively, the "Services"). Our Services are provided for private, non-commercial use. For purposes of these Terms, "you" and "your" means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

Who Can Use WowKit

You must be at least 13 years old to use WowKit. We will terminate any accounts used by underage users as determined in our sole discretion, including all content.

Privacy Policy

Our Privacy Policy describes how we collect, use, share, or otherwise process information about you and your use of our Service.

Access to the WowKit Services

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the WowKit Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or WowKit. You agree that you will not redistribute or transfer the WowKit Service or the Content.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not: Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service; Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Compromise the security of the Services;
Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials; Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services; Use or attempt to use another user's account without authorization;
Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
Engage in any harassing, intimidating, predatory, or stalking conduct;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; Violate the publicity, privacy, or data-protection rights of others; Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Develop any third-party applications that interact with User Content or the Services without our prior written consent;
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

User Content

Posting content

WowKit allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on WowKit is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to WowKit.

How WowKit and other users can use your content

You grant WowKit and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on WowKit solely for the purposes of operating, developing, providing, and using WowKit. Nothing in these Terms restricts other legal rights WowKit may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it's used in WowKit, for any reason.

How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from WowKit, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. WowKit and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on WowKit.

Advertising Content

The Service may include advertisements, and those advertisements may link to independent third-party websites. We are not responsible for, and do not endorse, any third-party advertisements, websites, services, or products. Sites maintained by those third-parties are not under our control. Any dealings you have with third parties that advertise on the Service are between you and those advertisers, and you agree that we are not liable for any loss or claim that you may have against an advertiser. You agree that we may generate revenues, increase goodwill, or otherwise increase our value from your use of the Service, including through the sale of advertising, and you will have no right to share in any such revenue or goodwill.

Reporting Infringement

If you believe your Content has been copied in a way that constitutes copyright infringement, you can report infringement of your intellectual property by following the procedures outlined in our Copyright Policy.

Feedback

You agree that any feedback, suggestions, ideas, or other information or materials regarding WowKit or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of WowKit. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

Payment, Fees, and Other Charges

If you elect to access any paid component of the Services, such as becoming a subscriber, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services.
Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. WowKit assumes no liability or responsibility for the payment of any charges you may incur.

Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE APP AND ITS SERVICES IN ANY COUNTRY.

Choice of Law and Disputes Resolution

These terms of use shall be governed by and construed in accordance with the laws of the the People's Republic of China, without regard to choice of law principles. Should a dispute arise between the parties in connection with these terms of use, the parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after commencement of such friendly consultations, then the parties agree irrevocably that such dispute shall be submitted to the exclusive jurisdiction of competent court of the People's Republic of China.

Termination

1. You can stop using our Services at any time.
2. We may add, modify, or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Services to you, or add or create new limits to our Services at any time.
3. In case there are any fees you paid for or in regards to our Services prior to termination, such fees are not refundable. In addition, termination of your account does not relieve you of any payment obligations.
4. If the Service is terminated or discontinued, then we will make reasonable effort to notify you and provide an opportunity to retrieve your content.

General Provisions

Severability

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

Force majeure

WowKit will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within WowKit's reasonable control, whether or not foreseeable (each a "force majeure event"). In the event of a force majeure event, WowKit shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.

Language

The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.

Assignment or transfer

You can't assign or transfer your rights or obligations under this agreement to someone else without WowKit's written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.

Changes to the Terms

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on the Platform, however, you should look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflects 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.

Contact Information

If you have any questions, concerns, or comments about our Terms of Service, you may contact us at: support@wowkit.io.