We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms. there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract. So please read them carefully
By using the Services, you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.
The following Terms of Service outline your obligations when using our mobile application (“App”) or Service (as defined herein), or any of the information, text, graphics， videos,or other files, materials, data or content of any kind whatsoever created or provided by or through the
App or the Service or through your ability to sell products on the App and generate User Contributed Content (as defined herein). Please also review our Privacy Policy, which is a part of these Terms of Service and which outlines our practices towards handling any Personal information that you may provide ti us. The App and the Service are owned and operated by Rushy HONG KONG LIMITED.(“Rushy,”“we,”or “us”) and are accessed by you under the Terms of Service described herein (“Terms of Service” or Agreement”). Please read these Terms of Service carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound by these terms and conditions. lf you do not agree to all these terms and conditions then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
No one under 18 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you state that:
- You can form a binding contract with Rushy;
- You will comply with these Terms and all applicable
local, state,national, and international laws, rules, and regulations.
lf you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity No one under 18 is allowed to create an account or use the Services
You hereby warrant that you are at least 18 years old.ln the event that the information you provide in this regard is not truthful, Rushy shall not be liable as it cannot verify the age of its users. lf you are under 18 years old, do not attempt to register or use the App or the Service. lf you are under the age of 18, you may use the Service, with or without registering, only with the approval of your parent or guardian. In addition, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with these terms.
Rushy grants you personal，worldwide，royalty-free, non-assignable, nonexclusive, revocable, and non- Sublicens able license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software. unless applicable laws prohibit these restrictions or you have our written permission to do so
Many of our Services let you create, upload, post, send receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected For all Services,you grant Rushy a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit. publish, and distribute that content. This license is for the limited purpose of operating, developing, providing. promoting, and improving the Services and researching and developing new ones.
Because Local is inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to the rights you grant us in connection with other Services, you also grant us a perpetual license to create derivative works from, promote, exhibit， broadcast syndicate, publicly perform, and publicly display content submitted to Local or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed) To the extent it's necessary, you also grant Rushy and our business partners the unrestricted, worldwide. perpetual right and license to use your name, likeness local content that you upload send.Tnls means. among other things, that you will not be entitled to any compensation from Rushy or our business partners if your name, likeness or Local.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements.ln consideration for Rushy letting you access and use the Services, you agree that Rushy, its affiliates, and third-party partners may place advertising on the Services.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you. You agree to receive emails or text messages about its management and operation sent by this website
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Rushy reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it, So we cannot-and do not-take responsibility for any content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content contributed by users or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Contributed Content of any Rushy user will be at your own risk.
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to give the privacy policy a careful look because, by using our Services, you agree that Rushy can collect, use, and transfer your information consistent with that policy
Rushy respects the rights of others. And so should you. You therefore may not upload, send, or store content that:
- violates or infringes someone elses rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
- bullies, harasses, or intimidates;
- defames; or spams or solicits Rushys users;
- is inappropriate to other users or illegal, including.but not limited to, anything that is defamatory inaccurate, unlawful, harmful, threatening, abusive harassing，vulgar, offensive, obscene,pornograph chateful, or promotes violence, discrimination, bigotryracism, or hatred, as determined by Rushy in its sole discretion;
for agree to only upload, post, submit or otherwise trans mlt User Contributed Content: () that you have the lawful right to use, copy. distribute, transmit, or display; and (il) that does not infringe the intellectual property rights or violate the privacy rights of any third party(including.without limitation.copyright trademark,patent, trade secret, or other intellectual property right, or moral right or right of publicity)Rushy respects the legal rights of others, and asks that its users do the same
Rushy honors the requirements set forth in the Digital Millennium Copyright Act.We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of And if Rushy becomes aware that one of its users has repeatedly infringed copyrights,we will take reasonable steps within our power to terminate the user s account.
We make it easy for you to report suspected copyright infringement. if you believe that anything on the Services infringes a copyright that you own or control please fill out this form. Or you may file a notice with usRushy service Qamail.com
If you file a notice with our Copyright Agent, must:- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify the material that is claimed to be in fringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled,and information reasonably sufficient to let us locate the material provide your contact information, including your address, telephone number, and an email address;- provide a personal statement that you have a good-faith belief that the use of the material in them an ner complained of is not authorized by the copyright owner, its agent, or the law; and- provide a statement that the information in the notification is accurate and, under penalty of perjury.that you are authorized to act on behalf of the copyright owner.
We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper.or other automated means or interface to access the Services or extract other user's information. You will not use or develop any third-party applications that interact with the Services or other users content or information without our written consent.
- You will not use the Services in a way 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.
- You will not use or attempt to use another user's account, username, or password without their permission.
You will not solicit login credentials from another user.
You will not post content that contains pornography,graphic violence, threats, hate speech,guns or other weaponry, or incitements to violence·- You will not upload viruses or other malicious codeor otherwise compromise the security of the Services.·- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are notau thorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that
We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Rushy users who violate these Terms of Service. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operating purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of account，administrative agency or other governmental body.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.And never put yourself or others in harm's way.
You are responsible for any activity that occurs in your account. So it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account.By using the Services, you agree that, in addition to exercising common sense: You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent, or lease access to your Rushy account without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
if you think that someone has gained access to your account，please immediately reach out to Rushy Support at: [email protected]
We may offer various friends making Services that you can purchase and use through the Services. You don't own these Services, instead you buy enough app gems to use them. You'll always be shown the price for Services before you complete a purchase. But Rushy does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's iOS Store and Google's Google Play Store, among others) Some third-party service providers may charge you sales tax,depending on where you live. Please check the third-party service provider's relevant terms for details.
Subject to any applicable additional terms and conditions,all purchases are final and non-refundable And because our performance begins once you tap buy and we give you immediate access to your purchase you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund.BY ACCEPTING THESE TERMS，YOUAGREE THAT Rushy IS NOT REQUIRED TO PROVIDEA REFUND FOR ANY REASON
Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. But please note that repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at anytime, with or without notice, You agree that we will bear no liability to you or any third party if we do so. If we su spend or terminate your account, you will lose any Products you purchased through the Services.
Its your sole responsibility to manage your purchases.If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardians consent before making any purchases.
Rushy does not transmit any funds and is not a money-services business.To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any purchases. Rushy does not transmit any funds and is not amoney-services business.To the extent such functionality is made available in the Services,it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate Terms of Service
Rushy offers in-app purchases (IAP) through iTunes，Google Play or other application plat form sauthorized by Rushy. If you choose to make an IAP you will be prompted to enter details for your account with your application platform,and your application platform account (e.g. iTunes Account) will be charged for the lAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for lAP that apply to your application platform account Some application platforms may charge you sales tax depending on where you live
You are responsible for any mobile charges that you may incur for using our Services, including text messaging and data charges. If you're unsure what those charges may be, you should ask your
Service provider before using the Services.
lf you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third bartv). each party's terms will a over the respective party s relationship with you. Rushy is notres ponsible or liable for those third party's terms or actions taken under the third party's terms.
We're relentlessly improving our Services 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 Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. CAHMET may also terminate these Terms with you at any time, for any reason, and without advanced notice That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity orinappropriate behavior, and we may reclaim your username at any time for any reason.
You agree, to the extent permitted under applicable, to indemnify, defend, and hold harmless Rushy our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims.damages, losses, costs, liabilities, and expenses(including attorneys' fees) due to, arising out of orrelating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoy access. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED“AS IS” AND“ASAVAILABLE”AND TO THE EXTENT PERMITTED BYAPPLICABLE LAW WITHOUT WARRANTIES OF ANYKIND，EITHER EXPRESS OR IMPLIED,INCLUDING，BUTNOT LIMITED TO， IMPLIED WARRANTIES OFMERCHANTABILITY FITNESS FOR A PARTICULARPURPOSE.TITLE，AND NON-INFRINGEMENTIN ADDITION，WHILE Rushy ATTEMPTS TO PROVIDE AGOOD USER EXPERIENCE，WE DO NOT REPRESENTOR WARRANT THAT: (A) THE SERVICES WILL ALWAYS.
BE SECURE，ERROR-FREE，OR TIMELY: (B) THESERVICES WILL ALWAYS FUNCTION WITHOUT DELAYSDISRUPTIONS，OR IMPERFECTIONS，OR (C) THAT ANY Rushy CONTENT.USERCONTENT.ORINFORMATION YOU OBTAIN ON OR THROUGH THESERVICES WILL BE TIMELY OR ACCURATE
Rushy TAKES NO RESPONSIBILITY AND ASSUMESNO LIABILITY FOR ANY CONTENT THAT YOUANOTHER USER，OR A THIRD PARTY CREATESUPLOADS，POSTS，SENDS，RECEIVES，OR STORES ONOR THROUGH OUR SERVICES.YOUUNDERSTAND ANDAGREE THAT YOU MAY BE EXPOSED TO CONTENTTHAT MIGHT BE OFFENSIVE.ILLEGAL，MISLEADINGOR OTHERWISE INAPPROPRIATE，NONE OF WHICH Rushy WILL BE RESPONSIBLE FOR
TO THE MAXIMUM EXTENT PERMITTED BY LAW RushyANDOURMANAGINGMEMBERSAFFILIATESSHAREHOLDERSEMPLOYEESLICENSORS，AND SUPPLIERS WILL NOT BE LIABLEFORANYINDIRECT.INCIDENTAL.SPECIALCONSEQUENTIAL，PUNITIVE，OR MULTIPLE DAMAGESOR ANY LOSS OF PROFITS OR REVENUES，WHETHERINCURRED DIRECTLY OR INDIRECTLYOR ANY LOSS OFDATA，USE，GOODWILL， OR OTHER INTANGIBLELOSSES，RESULTING FROM: (A) YOUR ACCESS TO ORUSE OF OR INABILITY TO ACCESS OR USE THESERVICES:(B)THE CONDUCT OR CONTENT OF OTHERUSERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS，USE，ORALTERATION OF YOUR CONTENT， EVEN IF Rushy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGESIN NO EVENT WILL Rushy'S AGGREGATELIABILITY FOR ALL CLAIMS RELATING TO THESERVICES EXCEED THE GREATER OF $100 USD ORTHE AMOUNT YOU PAID Rushy IF ANYIN THE LAST12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES.SOSOME OR ALL OF THE EXCLUSIONS AND LIMITATIONSIN THIS SECTION MAY NOT APPLY TO YOU
This Rushy shall be construed and governed by the laws of Hongkong. Any and all disputes shall be first settled by the Parties amicable negotiatlon. if the negotiation fails, the dispute shall be submitted to Hong Kong International Arbitration Centre forarbitration in accordance with the arbitration rules in force when applied. The venue will be Hong Kong. The arbitral award shall be final and binding upon the parties.
18.Choice of Law Except to the extent they are preempted by the laws of Hong Kong, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
lf any provision of these Terms is found unenforceable,then that provision will be severed from these Terms and not affect the validity and enforce ability of any remaining provisions
21. Additional Terms for Specific Services Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services
- These Terms make up the entire agreement between you and Rushy, and supersede any prior agreements.
- These Terms do no create or confer any third-party beneficiary rights.
-lf we do not enforce a provision in these Terms,it will not be considered a waiver.
-We reserve all rights not expressly granted to you.You may not transfer any of your rights or obligations under these Terms without our consent
- These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control