Terms of Service

Effective February 20th, 2024

1. INTRODUCTION

A. Service Provider

Your service is provided by CANTREE PUBLISHING LIMITED ("PLATFORM"), Unit 5008, 5/F, Yau Lee Center, No.45 Hoi Yuen Road, Kwun Tong, Hong Kong. Our offerings are intended for private, non-commercial use.

B. Contracting Parties

This agreement ("Agreement" or "Terms") is a binding contract between you (the individual or entity associated with your account) and each PLATFORM entity. "PLATFORM parties" refers to our Site, Application, and/or Services covered under this Agreement. A PLATFORM "affiliate" is any entity under common control with a PLATFORM party. "PLATFORM," "we," or "us" collectively means the PLATFORM parties and affiliates.

C. Age Requirement

Our Services are not for children under 13, who may not use them. We never knowingly collect personal information from underage users. If we discover accounts held by minors under 13, we will terminate them and delete any associated personal data.

Users between 13-18 years old ("Teens") require approval from both the Teen and parent/guardian of these Terms, and must use an account setup under parental supervision and permission. By permitting Teen use, you accept the Terms for yourself and the Teen, and are responsible for their activity.

D. Your Relationship with PLATFORM

These Terms form a legally binding agreement between you and us. Please review them carefully. Accessing or using our Site, Application, and/or Services confirms your unconditional acceptance and compliance. If you disagree, do not use our offerings as you lack permission to access or utilize them for any purpose.

Your use is also governed by our Privacy Policy and Content Guidelines on your device's applicable app store, incorporated herein by reference. Using our Services signifies consent to the Privacy Policy terms.

2. Our Commitments

A. Service Provision
a. License Grant

Subject to full compliance with these Terms, PLATFORM grants you a limited, non-transferable license to access Content and use the Services solely via the permitted Intellectual Property, for the purposes stated herein.

For clarity, these Terms do not transfer any intellectual property rights from us or third parties - all rights remain with the respective owners.

(a) Your Account

Some Services require an account. When creating one, you must provide accurate, up-to-date information which you're responsible for maintaining. PLATFORM may refuse service, terminate accounts, or edit content at our sole discretion.

To delete your account, email cantreedev@gmail.com. We'll assist with the process but account deletion is permanent - you cannot reactivate or retrieve any prior content or data.

Third-party login integrations are permitted but governed by those platforms' terms along with ours. Report intellectual property violations to cantreedev@gmail.com.

(b) Services and Communications

We grant you a limited, revocable license to access enabled Services per these Terms for the duration we determine appropriate.

You may use enabled Services per this Agreement, applicable laws, to enjoy non-commercial Content including displaying your user-generated Content to others.

You consent to receiving electronic communications from us like emails and inbox messages which will constitute valid legal notifications.

(c) Software

For any Software we make available, you have a limited, non-transferable license to use one copy on a single device per this Agreement, except where multi-use is expressly allowed.

Prohibited actions include copying, modifying, reverse engineering or extracting source code from the Software, except as permissible under applicable laws or with our prior written consent.

We may automatically or manually provide Software updates which are also governed by this Agreement. The Software may not function properly without updates, though we don't guarantee providing any updates or continued device/system compatibility.

(d) Our Content

You have a limited, revocable license to access our Content through the Software. We may license certain premium Content to you for a fee expressed as "real world money" which doesn't constitute a real currency credit balance. We may remove Content from the Software at any time without notice or liability.

Contact cantreedev@gmail.com with any Content questions.

(e) Advertising

Per our Privacy Policy, we may display ads and sponsored Content within our offerings which will be clearly identified as such when reasonably practicable.

Ads may link to third-party sites and services beyond our control. We suggest reviewing their respective terms and policies when encountering them.

B. Usage Restrictions

You cannot use the Licensed Items in any way that:

- Breaches this Agreement, laws, or encourages such violations
- Causes harm or damage to us or our customers
- Gains unauthorized system/account access
- Sublicenses, rents, leases or sells the Licensed Items without permission
- Directly or indirectly charges others for access without permission
- Suggests our endorsement of any third-party products/services
- Transmits unauthorized communications like spam
- Makes the Licensed Items publicly available outside our platform
- Removes copyright notices or misrepresents source/ownership
- Lends, broadcasts, or redistributes the Licensed Items without permission
- Interferes with legitimate Service operation
- Uses cheats, exploits, automation tools or other unintended third-party software
- Overloads our technical infrastructure
- Develops unapproved plugins or integrations with the Licensed Items

Prohibited actions also include copying, modifying, reverse engineering or extracting source code from Licensed Items except as legally permitted or with prior written consent.

You cannot improperly implement, transfer or permit third-party use of the Licensed Items for any for-profit or non-profit purposes. We may investigate the consequences of any violations.

Proper Service usage is required, without any disruption of platform rules like unauthorized charges, abusive refund requests, currency/item sales, cheating rewards programs, illegal credit card use or other unreasonable charging/cashing out methods. We reserve rights to suspend accounts, withdraw usernames, and take other appropriate action based on reasonable violations assessments.

We may disable or remove any unlawful, infringing, improper or unauthorized Content postings from counterfeit sources at our discretion, restricting Service access, freezing/deducting virtual goods, account deletions while preserving pertinent records for legal reporting as applicable.

B. Service Improvements
a. Your Content

You must have full rights for any Content you submit, ensuring it complies with all applicable laws and regulations without infringing on third-party rights or violating this Agreement.

For Content you upload/transmit:

- You solely own and are responsible for backing it up
- You grant us a worldwide, perpetual, royalty-free license to use it for providing, promoting, developing and improving our Services and offerings as detailed in the Privacy Policy
- You permit other users to access/use it within the Service
- We may share it with operational partners per the Privacy Policy
- The name/avatar used for submission may also be shared

You're responsible for registered account details, passwords, and bear legal responsibility for all associated actions whether authorized or not.

We may retain and continue using Your Content post-termination, or as legally required for compliance, pursuant to court orders, legal requests, enforcing this Agreement or protecting rights/security. However, we cannot guarantee permanent Content storage or retrieval, which is your sole responsibility through personal backups. We reserve rights to block or remove Your Content.

b. Service Changes

As our platform and user experiences evolve, we may add, modify or remove Service features and functionalities at any time, potentially impacting availability status. Any reasonably material changes will be communicated in advance where practicable.

c. Device Access

To deliver Services, we may require access and permissions to utilize your accessing device(s) which you acknowledge is a prerequisite for provisioning. Any Personal Information accessed will be treated per this Agreement and our Privacy Policy.

Your devices must meet any Software installation and usage requirements we specify. The installation process may uninstall or disable other conflicting applications - failing to follow provided instructions could prevent using the Services or limit functionality.

d. Payments

You are responsible for any payments due to us in U.S. dollars related to your Licensed Item usage, which will be converted into virtual currency on the platform without refunds once transacted.

Verify all payment details carefully as you bear consequences for any user errors. All payments are subject to the terms of the relevant payment service provider in addition to this Agreement stipulations. We are not liable for any third-party payment processor transactions.

You are solely responsible for any taxes and fees associated with Licensed Item purchases, and pricing/availability is subject to change anytime.

For any recurring/subscription billing enabled, you authorize us to save and charge your preferred payment method accordingly unless properly cancelled, including for any rejected charges plus associated fees we may incur from your payment issuer.

You agree the reading service period is limited to one month from subscription unless we extend it gratis to allow continued access after expiry. However, we are not liable for any loss of access if content gets removed from our platform due to copyright disputes, legal/policy violations, or other circumstances beyond our control.

Any Licensed Item payments to us are final and non-refundable except where explicitly stated otherwise. Under no circumstances are we obligated to issue refunds for used or unused digital goods and services.

You are responsible for any third-party fees from your internet/telecom providers related to your Service usage. If you believe we've charged incorrectly, you must notify us at cantreedev@gmail.com within 30 days for consideration as we will not process any refund requests beyond that window.

All purchases are processed by the applicable third-party payment service which may involve taxes, foreign exchange fees, and localized pricing differences.

C. Improve Service
a. Changes

As Platform evolves, we may add, change, or remove features or Services, including whether they are free. We may make reasonable material changes at any time, with notice where practicable.

b. Your Device

We may require access to your device to provide Services. We will treat accessed Personal Information per this Agreement and our Privacy Policy.

Ensure your device meets Software requirements. The Software may disable other software during installation. Noncompliance may prevent Software usage or functionality.

c. Payment

You are responsible for all payments and obligations hereunder.

Payments are converted into virtual currency for platform circulation. Once converted, no refunds or changes are provided.

You are responsible for payment errors caused by you.

Payments are subject to third-party payment services' terms, if applicable, in addition to this Agreement. We are not responsible for third-party transactions or payments. You are solely responsible for all fees, costs, and taxes related to Services. Pricing and availability may change anytime.

Reading services expire after one month from subscription date. We may attempt to extend your reading period if the work expires or becomes unavailable due to copyright disputes or other reasons. We are not responsible for such unavailability.

Payments are final and non-refundable, except where we specify otherwise. We will not refund payments for unused Licensed Items.

Contact us within 30 days if you believe you have been charged in error. No refunds will be provided after 30 days.

You are responsible for all third-party charges related to your Platform use.

d. Promotions

Any sweepstakes, contests or other promotions ("Promotion") offered through our Services may have supplemental terms that take precedence in the event of conflicting language within this Agreement. Review all Promotion rules before participating.

C. Additional Provisions
a. Removing Your Content

We reserve rights to disable any of Your Content for violations of these Terms, or potential damage, impairment or infringement risks associated with account activities at our sole assessment.

b. Suspending/Terminating Access

We may disable accounts for violations of these Terms, or potential damage, impairment, infringement or legal/regulatory risks associated with account activities based on our sole determination. Any associated account names and identifiers adopted here remain our property which we can reclaim and repurpose post-termination/deactivation.

3. Warranty Disclaimer

EXCEPT AS EXPLICITLY PROVIDED HEREIN OR MANDATED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY SPECIFIC REPRESENTATIONS OR WARRANTIES FROM PLATFORM. FOR INSTANCE, WE MAKE NO GUARANTEES REGARDING: (A) CONTENT ACCESSED THROUGH THE SERVICES; (B) PARTICULAR SERVICE FEATURES, ACCURACY, RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR REQUIREMENTS; OR (C) ACCESSIBILITY OF ANY CONTENT YOU SUBMIT.

4. Liability Limitations

TO THE EXTENT PERMITTED BY LAW, OUR AND OUR AFFILIATES' TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIMS OR CIRCUMSTANCES WILL BE LIMITED TO THE GREATER OF: (A) AMOUNTS YOU PAID US FOR THE RELEVANT LICENSED ITEM(S) IN THE 6 MONTHS PRECEDING THE MOST RECENT CLAIM; OR (B) USD $100.

TO THE EXTENT ALLOWABLE, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR DAMAGES/LOSSES CAUSED BY: (I) NATURAL DISASTERS, WARS, RIOTS OR GOVERNMENT ACTIONS; (II) VIRUSES, HACKERS OR OTHER MALICIOUS ACTS; (III) SOFTWARE/HARDWARE MALFUNCTIONS OR CONNECTIVITY ISSUES; (IV) IMPROPER/UNAUTHORIZED LICENSED ITEM USAGE; (V) YOUR BREACH OF THIS AGREEMENT; OR (VI) REASONS OUTSIDE OUR REASONABLE CONTROL; FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES; AND/OR FOR LOST PROFITS, BUSINESS, DATA OR GOODWILL.

NOTHING HEREIN LIMITS LIABILITY FOR FRAUD, DEATH/PERSONAL INJURY FROM NEGLIGENCE, OR OTHER NON-EXCLUDABLE LIABILITY UNDER APPLICABLE LAWS.

THIS AGREEMENT DOES NOT IMPACT ANY STATUTORY CONSUMER RIGHTS YOU POSSESS THAT CANNOT LEGALLY BE WAIVED OR LIMITED.

YOU AGREE TO INDEMNIFY AND HOLD US AND AFFILIATES HARMLESS FROM ANY CLAIMS, EXPENSES OR LIABILITIES ARISING FROM YOUR LICENSED ITEM USAGE OR BREACH OF THIS AGREEMENT.

THIS AGREEMENT GOVERNS OUR RELATIONSHIP. YOUR DEALINGS WITH THIRD PARTIES (EVEN ENCOUNTERED THROUGH OUR SERVICES) ARE SOLELY BETWEEN YOU AND THE RELEVANT PARTY SUBJECT TO MANDATORY LAWS. WE ASSUME NO LIABILITY REGARDING THIRD-PARTY OFFERINGS WITHIN THE LICENSED ITEMS.

5. Additional Disclaimers

Our Site, Application, and Services are provided "as is," "as available" and "with all faults" for the permitted purposes herein. Use is entirely at your own risk - exercise judgment and caution.

We do not guarantee uninterrupted, interference or error-free operation, or security from viruses or other threats. You bear sole responsibility for any property damage, data loss or system impacts from your Service usage and accessing any associated Content or materials.

We cannot ensure availability, delivery, performance, pricing or timeliness of any Content or Intellectual Property within our offerings.

PLATFORM is not liable for any performance failures caused by circumstances beyond our control like acts of God, terrorism, infrastructure disruptions, legal/regulatory compliance suspensions, etc.

6. Governing Law & Dispute Resolution

You consent to these Terms being exclusively governed by the laws of Hong Kong applicable to contracts executed and performed therein, regardless of any conflict of law principles.

Any disputes, disagreements or claims arising out of or relating to these Terms, including their existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre in accordance with its Institutional Arbitration Rules in force when the arbitration notice is submitted.

The arbitration venue shall be Hong Kong with a panel of three arbitrators conducting proceedings per HKIAC rules.

7. General Provisions

We may periodically update this Agreement which you should review regularly.

For any material changes (as determined by us), we will give you prior notification where reasonably practicable, either directly through the Agreement, on our website or within the Licensed Items. All revisions take effect immediately upon posting unless otherwise specified. Your continued use of Licensed Items after modifications indicates acceptance of the revised Terms.

You can reach us at cantreedev@gmail.com.