TERMS OF SERVICE
Published on: Apr 19th , 2021
Welcome to VolcanoEbook platform ( “the Site” or “our Site”), operated by Hundred Years Limited (“we” or “us”). We offer the Site and related service (“the Service”) to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
YOUR VISITING OUR SITE AND/ OR USING OUR SERVICE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THIS TERMS OF SERVICE (this “Agreement”). This Agreement applies to all users of the Site. Please read this Agreement carefully before accessing or using our Site. If you do not agree with this Agreement, please stop accessing or using our Site immediately.
Any new features or tools which are added to current Site shall also be subject to this Agreement. You can review the most current version of this Agreement at any time on our Site. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our Site. You understand and agree that if you continuously use our Site after the date of this Agreement have changed, we will treat your continuous use as acceptance and compliance with the updated terms.
YOUR ACCOUNT
1. To access or use certain Services, you need to create an account( "Account") with us or log in the Site by using sign-on functionalities provided by third-party platforms, such as Google. You agree to comply with the relevant third-party platform’s terms and conditions applicable to your use of functionalities (in addition to these terms).
2. In order to create an Account, you must:
● be at least 13 years old or reach the statutory minimum age according to the law and regulation in your home country;
● be legally permitted to use the Site by the laws of your home country.
● provide us with accurate and up-to-date information.
3. You are responsible for maintaining your Account and password’s confidentiality, and you agree to accept responsibility for all activities that occur under your Account or password. We cannot allow you to use another person's Account without permission. We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce this Agreement( including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
4. If you no longer want to use our Service anymore and would like us to deleted your Account, please contact to us. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any content or information you have added (including free content and paid content).
CONTENT
1. As the Site user, you may submit literary works or other materials (collectively “|Content”). You understand that, whether or not the Content is published, we do not guarantee any confidentiality with respect to such Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and are not responsible for any loss of the Content.
2. You retain all of your ownership rights in your Content submitted, however, by uploading, posting or otherwise transmitting your Content on or to the Site, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to display such Content. You also permit other users to access, view and read such Content for personal use under these terms of this Agreement.
3. When you provide your Content to the Site, you understand and accept complete responsibility for your Content, including any consequences that may arise. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content. As such, you represent and warrant that you own or have (and will continue to have during your use of the Site) been granted all necessary licenses, rights, consents and permissions for such Content.
4. You agree that your conduct through the Site will comply with (and you agree that all of your Content shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: the Content is independently created and completed by you without assistance from any Third Party. You guarantees and undertakes that the Content is not copied or plagiarized from any Third Party, does not infringe the legitimate rights and interests (including the Copyright and any other intellectual property, right of reputation, right of name, right of portrait and other relevant rights specified in the applicable laws) of any Third Party, does not have any legal dispute including intellectual property dispute, does not constitute violation of Copyright law and other relevant laws, regulations and policy documents, and does not contain any content or idea that:
(i) is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colour, creed, age, sexual orientation, or disability;
(ii) is sexually suggestive or explicit;
(iii) insulting or libeling any Third Party without due cause, or infringing the right of reputation, right of portrait, right or name or other personal right or other civil rights of others;
(iv) is prohibited by the applicable laws, regulations or policies of any competent jurisdiction.You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assignees from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in this Agreement.
5. You agree that you will not post or upload any Content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service.
6. You agree that the Content you submit to the Site will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled.
7. On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such Content complies with the content requirements set out in this Agreement, and may remove such Content and/or terminate a user’s access for uploading such Content, at any time, without prior notice and at our sole discretion.
OUR INTELLECTUAL PROPERTY RIGHTS
1. The Site is developed by us independently. You acknowledge and agree that we retain all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests. The Site and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People’s Republic of China and relevant international agreements and other intellectual property laws and regulations.
2. You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of us (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). We reserve the right to charge the tort liabilities.
3. 3.You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Site, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. We reserve the right to charge the tort liabilities, unless you have been granted by us, in writing.
GENERAL CONDITIONS
1. You may not use the Contents or the Site for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction.
2. You must not: republish material from this Site; sell, rent or sub-license material from the Site; reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose; edit or otherwise modify any material on the Site; or redistribute material from this Site.
3. You may not use the Site in a way that may lead to damage, suspension, overloading or quality reduction to the Site, or in the way that may affect the Service provided.
4. A breach or violation of any of this Agreement will result in an immediate termination of the Services.
PRIVACY AND PERSONAL INFORMATION
We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law on data protection by taking necessary measures and comply with the same in collecting, processing, transmitting and storing your personal information. Please be sure to read carefully our Privacy Policy which specifies the way we collect and use your personal information, etc.
INDEMNIFICATION
You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.
LIMITATION OF LIABILITY AND DISCLAIMER
1. You acknowledge and agree that the Site may have potential risks like service interruption, failure to respond to users’ requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
2. We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
3. In view of business development and adjustment, we reserve the right to amend or terminate the Service without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
4. You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
SEVERABILITY
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
USE BY JUVENILES
The Site does not directly target any juvenile users. If you are a juvenile user and decide to use the Site any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the Site under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use the Site in a correct way.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site.
FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of this Agreement.
OTHERS
1. You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.
2. Without written authorization from other side, user may not assign or transfer the rights granted by these Terms, or assign the designated responsibilities and obligations to others.
3. The validity and interpretation of these Terms is applicable to laws of the People’s Republic of China（“PRC”）. If any provision in these Terms conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both we and users agree to resolve the issues arising from these Terms through consultation. If consultation fails, either side can submit the issues to arbitration in accordance with this clause, then any such dispute will be finally and exclusively settled by the China International Economic and Trade Arbitration Commission (CIETAC) South China Sub-Commission for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
4. We reserves the final interpretation right on these Terms.
CONTACT INFORMATION
If you have any questions about the Site or this Agreement, feel free to contact us at volcanoebookofficial@gmail.com.