References to “Feyverly”, “Us” or “We” shall mean Feyverly Co., Ltd.
“Account” means an account you create or sign up when you access and/or use the Services. “Services” or “Our Services” refers to services, products, softwares, contents provided by Feyverly and/or Feyverly corporate companies, entities, and our affiliates. “Terms & Conditions” or “Terms” means these terms, conditions, and obligations of services. “Your Content” means all the data that you upload, transmit, or made available on or through your access or use of the Services. “Feyverly Affiliates” refers to the Feyverly and Feyverly corporate companies plus our third party content providers, licensees or licensors, and distributors.
USING OUR SERVICES
ACCOUNT INFORMATION AND LICENSE AGREEMENT
To access or use our Services, you may be required to create an account with us. Our Services are offered to you under a license together with your acceptance upon such license agreement. The license granted to you is a limited, non-exclusive, non-transferable, non-sublicensable license. You are prohibited to distribute or make our Services available to anyone else. You are not allowed to rent, lease, lend, sell, redistribute or sublicense our Services.
Please be aware that you are responsible for maintaining the security of your Account. We highly advise that you do not share your Account details with others or authorise others to access or use your Account. It is important to note that you are held solely responsible and liable for any activity generated within your Account WHETHER OR NOT AUTHORISED BY YOU.
You must notify us promptly of any actual or suspected unauthorised access or use of your Account and/or other relevant Account details and information. On such events, please contact us at firstname.lastname@example.org.
SCOPE OF LICENSE AND OUR INTELLECTUAL PROPERTY RIGHTS
With reference to the terms of license agreement specified above, it is essential to note that you are prohibited from renting, leasing, lending, selling, redistributing, or sub-licensing the licensed Services, applications, softwares, or any products deemed to be in connection with Our Services. In addition, you shall agree to refrain from copying (unless expressly permitted by this License), decompiling, reverse engineering, modifying, or producing derivative works of such licensed applications, any updates, or any part thereof. More importantly, with regards to commercial uses such as commercial copying or distribution, publication or any form of exploitation of Our Services, or any content, softwares, applications, codes, data or materials available upon your access to or your uses of our Services shall be strictly prohibited unless you have acquired express prior written consent/permission from us or from the applicable and lawful right’s holders. Any attempt found to be in violation of our rights may give rise to a breach of these set out restrictions. Consequently, you may be subject to prosecution and damages.
Note that the terms and scope of the license shall govern ANY changes or updates made by us that replace and/or act as a supplement to our Services, except for the case that such alterations are accompanied by a separate license issued by us, in which circumstance the terms and conditions of the specific license shall govern.
You may occasionally make payments to us as part of your access and uses of our Services. Our services-specific terms may set forth additional terms and conditions which shall be applied to such payments. These services-specific terms may include terms and conditions with regards to Accepted Methods of Payment, Billing, Your Billing Account, Charges and Refund Policy, for example. Upon such given circumstances, you must abide by the set out terms and conditions.
Please also be aware that such third contents or materials may collect your data or request you to provide them with your personal or other relevant information. We are NOT responsible for any of these other third parties’ contents and we are under NO obligations or liability with regards to how they collect, use or share the information they retain from you. WARRANTY DISCLAIMER: SERVICES AVAILABLE ON AN “AS IS” BASIS Duly note that NEITHER US nor OUR AFFILIATES makes any promises or guarantees that Our Services shall be uninterrupted, timely, always accessible, secure, damage-free or error-free. The Services and any related products such as applications, softwares, materials and contents are provided and presented to you on an “as is” basis WITHOUT WARRANTY OF ANY KIND, whether expressed or implied. Feyverly together with Our Affiliates shall take NO responsibility and shall not be subject under any liability for any of Your Content that you and/or any other user or third party uploads, transmits or posts using Our Services. Furthermore, you shall understand and agree that any content or material downloaded, uploaded or otherwise acquired from or through the access and/or usage of Our Services is conducted at your own risk and that it is done solely upon your discretion. Accordingly, you may be exposed to contents and other related products arising from the use and access of or through Our Services that is or may be inaccurate, inappropriate, objectionable, or otherwise unsuited to your purposes of usage.
Should you have any concerns or inquiries regarding particular content or any aspect of Our Services, please refer your request to email@example.com.
LIMITATIONS: WAIVER OF LIABILITY
You herby understand and acknowledge that Feyverly and Our Affiliates are not subject under any legal liability or responsibility with respect to any direct, indirect, incidental, consequential, or any losses or damages arising out of or in correlation with the use of or inability to use Our Services.
You are well-informed and shall fully understand and agree to indemnify, defend, and hold Feyverly, Feyverly Affiliates, its directors, personnels, suppliers, licensors, and any third party content providers, from and against any damages, expenses, losses, claims, demands, actions and liability arising out of or due to your access and/or uses of Our Services, your violations of these Terms, or your breach of any rights of another/others. Please be well aware that these aforementioned terms and obligations shall survive and prevail over any termination of your relationship with us or Our Affiliates or upon the end of your access or use of Our Services. We shall reserve the rights to assume absolute defense and control of any matters subject to indemnification by you. Wherever and whenever it is deemed necessary and appropriate, you shall provide your cooperation with Feyverly and Our Affiliates upon asserting any available defenses and/or claims.
APPLICABLE LAW AND JURISDICTION
AGREEMENT TO ARBITRATE
It is highly advised that for any disputes, conflicts, claims or controversy arising from or out of your access or use of Our Services, or any incidents arising out of, in connection with, or relevant to the Services, terms and obligations, should be brought to our attention first prior to the proceeding of arbitration.
You shall understand and accept that any disputes, conflicts, claims or controversy you may have with us and Our Affiliates shall be resolved by the mean of arbitration. Each party shall be responsible for paying any expenses, charges, or fees in relation to the use of arbitration. The arbitration proceedings shall be administered by the Alternative Dispute Resolution Office of the Office of the Judiciary of Thailand under the Administered Arbitration rules, which shall be put in effect and be enforced and implemented when the Notice of Arbitration is submitted and served. The seat of the arbitration shall be the Kingdom of Thailand. There shall be ONE arbitrator ONLY and the arbitration proceedings shall be conducted in Thai.
All claims must be brought in the light of the parties’ individual capacity and NOT as a class member in any purported class or representative proceeding. You shall accept and agree that upon entering into these terms and obligations, you are hereby waiving the right to trial by court or to participate in any claims of class action.
You may end your legal agreement with us at any time for any or no reason by deactivating your account(s) and/or discontinuing your access and use of Our Services. Should you stop access and/or using the Services without deactivating your account(s), please note that your account(s) may be deactivated by us due to prolonged inactivity.
It is important to note that we may cease or terminate your account(s) or stop providing you with all parts of Our Services at any time for any or no reason on the grounds, including but not limited to, as follow: • If we reasonably believe you are in breach of these Terms; • If we reasonably suspect that you are employing Our Services to violate the law or conduct any actions that can be amounted to violation of rights; • If you create risk or pose any possible legal exposure, harm, losses or damages to us; • If you are or may be trying to unfairly exploit or abuse any of our Terms and policies; • If we reasonably suspect that you are utilising any of our Services fraudulently; • If we reasonably suspect that your account is compromised and being used by a third party fraudulently and/or unlawfully.
Where and/or when it is reasonable, appropriate and practicable, we shall notify you with regards to such suspension or termination.
Your access to or use of Our Services, as well as these stipulated Terms, shall be governed by the laws of the Kingdom of Thailand. You also agree to submit to the exclusive jurisdiction of the Thai courts.
Our failure to insist upon or enforce due performance of any provisions of these Terms shall NOT be assumed, interpreted, implied or construed as a waiver of any provisions or rights. Should any part of these Terms and obligations is found to be unenforceable, the unenforceable part or clause shall be granted effect to the greatest extent possible and the remaining shall remain in full force and effect.
Please note that we may revise or make variations to these Terms from time to time. By continuing to access or use Our Services, you shall understand and agree to be bound and subject under the revised Terms. If you do not agree to the new revised terms, please stop using Our Services. Should you have any concerns or inquiries regarding these Terms, please contact us promptly.
Upon your access and/use of our Services, you hereby understand and accept the policies and practices set out in this Policy. Please note that the Policy may be altered from time to time. Should you continue to access and use our Services after the revised Policy is put into force, you agree and expressly consent to our collection, usage, and disclosure of the data and information you provide or make available to us.
It should be noted that we may use your information including personal information for the purposes of research and development, planning, design and marketing our Services. We may also have to disclose your information to, if lawfully requested, law enforcement, government or regulatory agencies as well as to comply with any applicable laws or any court orders. Please understand and accept that any information you made available in the public areas upon accessing or using the Services shall become public information. Therefore, we recommend you should exercise caution and discretion when disclosing your information into the public arena.
Upon your access and use of our Services, we may receive certain information about you along with your personal data you have provided us prior to the access and use of our Services. Please note that we collet and use your information below to provide our Services and to access, evaluate, develop and improve them over time.
The information we collect are listed as follow: • Basic Account Information – Information that you provide when signing up/registering with us, which includes, for instance, your name, address, profile pictures, gender, date of birth, email address, interests, education and employment details; • Information about your visits to and use of our Services. This may include, but not limited to, your geographical location, GPS data, IP address, log data, operating system, referral sources, times and length when you access/use our Services, information which is generated in connection with the use of the Services namely the timing, frequency and pattern of the service usage; • Additional Information – Information that you post while using our Services including your name, user name, pictures and the content that you put up for others to see; • Information relating to any communication you send to us or send through our Services, which may include communication content and metadata in relation to the specified information; • Commerce Service (Payment Information) – Information with respect to any payment or purchase you make for our Services, goods, products or any transactions you have entered into through the use of our Services which may include your name, address, contact number, and card details.
DISCLOSURE, USING, AND SHARING INFORMATION
Please note that we and our affiliates do not disclose your private personal information, unless faced with restricted circumstances specified here.
Unless otherwise agreed or set out within this Policy, we shall not provide your personal information to third parties.
COOKIES, TRACKING TECHNOLOGY, AND AUTOMATED INFORMATION COLLECTION
It should be noted that we may store log files and use tracking technology such as: • Cookies – small pieces of data transferred to your devices for the purpose of record-keeping; • Web beacons – a technology that will allow us to know should certain pages or features was used or visited or whether the Services was accessed or used; • Tracking pixels – this will enable us, our affiliates, or our advertising partners to advertise more efficiently and effectively;
Please be informed that we use the above information and technology to gather and review certain types of technical information we deem may be useful and essential, including: • IP addresses; • Types of mobile devices or computers you use; • Your operating systems and versions; • Your mobile or computer device’s identification such as your computer Address, Identifier For Advertising (IDFA), and/or International Mobile Equipment Identity (IMEI); • Your choices of browsers; • Your choice of languages used; • Domain names; • Pages or sites viewed; • The amount of time spent on accessing and using the Services.
Feyverly and our Affiliates are determined to exercise reasonable precautions to prevent the loss, misuse or un-authorised changes of your personal data. Your information collected and retained by us shall be stored on secure servers. Any electronic financial transactions transmitted through our Services shall also be protected by encryption technology.
You understand and accept that the transactions over the internet is, despite our attempts and efforts to keep you and your data safe, inherently insecure. Therefore, we shall be under NO liability, responsibility, or obligation to guarantee the security of your data sent, exchanged, or submitted over the internet.
THIRD PARTY CONTENT (INCLUDING WEBSITE AND SOFTWARE)