Fancy Live Service
These Terms of Service apply to all users of the Fancy Live Service.
Fancy Live provided status information may contain links to third
party websites that are not owned or controlled by Fancy Live .
Fancy Live has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party
websites. In addition, Fancy Live will not and cannot censor or edit
the content of any third-party site. By using the Service, you
expressly acknowledge and agree that Fancy Live shall not be
responsible for any damages, claims or other liability arising from
or related to your use of any third-party website.
Fancy Live Access
1.Subject to your compliance with these Terms of Service, Fancy Live
hereby grants you permission to use the Service, provided that: (1)
your use of the Service as permitted is solely for your personal,
noncommercial use; (2) you will not duplicate, transfer, give access
to, copy or distribute any part of the Service in any medium without
Fancy Live's prior written authorization; (3) you will not attempt
to reverse engineer, alter or modify any part of the Service; and
(4) you will otherwise comply with the terms and conditions of these
Terms of Service.
2. In order to access and use the features of the Service, you
acknowledge and agree that you will have to provide Fancy Live with
your phone number, as well as the phone numbers of third parties
whom you wish to use the Service with. When providing your phone
number, you must provide accurate and complete information. You
hereby give your express consent to Fancy Live to use the phone
numbers you provide for use in providing you access and use of the
Service. You may never use another person's phone number without
their permission. You are solely responsible for the status message
that is displayed for your phone number. You must notify Fancy Live
immediately of any breach of security or unauthorized use of your
phone. Although Fancy Live will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the
losses of Fancy Live or others due to such unauthorized use.
Intellectual Property Rights
The design of the Fancy Live Service along with all text, scripts,
graphics (including stickers), interactive features and the like
made available in connection with the Fancy Live Service
(collectively, the "Fancy Live Client and Content"), except all User
Status Submissions (as defined below), and the trademarks, service
marks and logos contained therein ("Marks"), are owned by or
licensed to Fancy Live, subject to copyright and other intellectual
property rights under British Virgin Islands and foreign laws and
international conventions. Subject to these Terms of Service, you
are granted a personal, non-exclusive, non-transferable, revocable,
limited license to install and use, only in connection with the
Service, the Fancy Live Client and Content for personal and
non-commercial purposes only. The Service, including the Fancy Live
Client and Content, is provided to you as is for your information
and personal non-commercial use only. Fancy Live reserves all rights
not expressly granted in and to the Service and the Fancy Live
Client and Content. You agree to not engage in the use, copying,
distribution or other exploitation of any of the Fancy Live Client
and Content other than expressly permitted herein, including any
use, copying, or distribution of User Status Submissions of third
parties obtained through the Service for any commercial purposes.
You further agree not to use the Fancy Live Client and Content in a
manner that would infringe or violate the rights of any third party
and that we are not in any way responsible for any such use by you.
User Status Submissions
1. The Fancy Live Service permits the submission of status text and
other communications submitted by you and other users ("User Status
Submissions") and the hosting, sharing, and/or publishing of such
User Status Submissions. As clarified in the following section, you
retain your ownership rights in your User Status Submissions. You
understand that whether or not such User Status Submissions are
published, Fancy Live does not guarantee any confidentiality with
respect to any submissions.
2. You shall be solely responsible for your own User Status
Submissions and the consequences of posting or publishing them.
Because Fancy Live is only acting as a repository of data, user
submitted statuses do not necessarily represent the views or
opinions of Fancy Live, and Fancy Live makes no guarantees as to the
validity, accuracy or legal status of any status. In connection with
User Status Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize Fancy Live to use all patent,
trademark, trade secret, copyright or other proprietary rights in
and to any and all User Status Submissions to enable inclusion and
use of the User Status Submissions in the manner contemplated by the
Service and these Terms of Service; and (ii) you have the written
consent, release, and/or permission of each and every identifiable
individual person in the User Status Submission to use the name or
likeness of each and every such identifiable individual person to
enable inclusion and use of the User Status Submissions in the
manner contemplated by the Service and these Terms of Service. To be
clear: you retain all of your ownership rights in your User Status
Submissions, but you have to have the rights in the first place.
However, by submitting the User Status Submissions to Fancy Live,
you hereby grant Fancy Live a worldwide, non-exclusive,
royalty-free, sub-licensable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, and
perform the User Status Submissions in connection with the Fancy
Live Service and Fancy Live's (and its successor's) business,
including without limitation for promoting and redistributing part
or all of the Fancy Live Service (and derivative works thereof) in
any media formats and through any media channels. You also hereby
grant each subscriber to your status on the Fancy Live Service a
non-exclusive license to access your User Status Submissions through
the Service, Email, and mobile phone and to display parts of User
Status Submissions as permitted through the functionality of the
Service and under these Terms of Service. The foregoing license
granted by you terminates once you remove or delete a User Status
Submission from the Fancy Live Service.
3. In connection with User Status Submissions, you further agree
that you will not: (1) submit material that is copyrighted,
protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their
rightful owner to post the material and to grant Fancy Live all of
the license rights granted herein; (2) publish falsehoods or
misrepresentations that could damage Fancy Live or any third party;
(3) submit material that is unlawful, obscene, defamatory, libelous,
threatening, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise
inappropriate; (4) post advertisements or solicitations of business;
(5) impersonate another person; (6) send or store material
containing software viruses, worms, Trojan horses or other harmful
computer code, files, scripts, agents or programs; (7) interfere
with or disrupt the integrity or performance of the Service or the
data contained therein; or (8) attempt to gain unauthorized access
to the Service or its related systems or networks.
4. Adult content must be identified as such. Fancy Live does not
endorse any User Status Submission or any opinion, recommendation,
or advice expressed therein, and Fancy Live expressly disclaims any
and all liability in connection with User Status Submissions. Fancy
Live does not permit copyright infringing activities and
infringement of intellectual property rights via its Service, and
Fancy Live will remove all Content and User Status Submissions if
properly notified that such Content or User Status Submission
infringes on another's intellectual property rights. Fancy Live
reserves the right to remove Content and User Status Submissions
without prior notice. Fancy Live may also terminate a user's access
to its Service, if they are determined to be a repeat infringer, or
for any or no reason, including being annoying. A repeat infringer
is a User who has been notified of infringing activity more than
once and/or has had a User Status Submission removed from the
Website more than twice. An annoying person is anyone who is
(capriciously or not) determined to be annoying by authorized Fancy
Live employees, agents, subagents, or super agents. Fancy Live also
reserves the right to decide whether content or a User Status
Submission is appropriate and complies with these Terms of Service
for violations other than copyright infringement and violations of
intellectual property law, such as, but not limited to excessive
length or limited interest. Fancy Live may remove such User Status
Submissions and/or terminate a User's access for uploading such
material in violation of these Terms of Service at any time, without
prior notice and at its sole discretion.
5. You understand that when using the Fancy Live Service you will be
exposed to User Status Submissions from a variety of sources, and
that Fancy Live is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such User
Status Submissions, and that such User Status Submissions are not
the responsibility of Fancy Live. You further understand and
acknowledge that you may be exposed to User Status Submissions that
are inaccurate, offensive, indecent, or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against Fancy Live with respect
thereto, and agree to indemnify and hold Fancy Live, its
Owners/Operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your
use of the site.
6. Fancy Live permits you to link to materials on the Service for
personal, non-commercial purposes only. Commercial versions are
available under separate licensing and terms. Fancy Live reserves
the right to discontinue any aspect of the Fancy Live Service at any
time. YOU agree THAT YOUR USE OF THE Fancy Live SERVICE SHALL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Fancy Live,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND
YOUR USE THEREOF. Fancy Live MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH
THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE Fancy Live SERVICE. Fancy Live DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE Fancy Live SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
USER STATUS SUBMISSION OR OTHER ADVERTISING, AND Fancy Live WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR
FUN.
Limitation of Liability
IN NO EVENT SHALL Fancy Live , ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY
THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE Fancy Live CLIENT AND CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT Fancy Live SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. YOU AGREE THAT YOU WILL NOT USE THE PRODUCT WHILE
OPERATING A MOTOR VEHICLE, FOR TIME-CRITICAL OR EMERGENCY SERVICES
OR EVENT OR FOR ANY OPERATION WHERE INJURY, DEATH, OR ECONOMIC
DAMAGE COULD OCCUR. Fancy Live makes no representations that the
Fancy Live Service is appropriate or available for use in all the
locations. Those who access Fancy Live or use the Fancy Live Service
from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Fancy Live , its
parent corporation, officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees) arising from: (i) your use of and access to the
Fancy Live Service; (ii) your violation of any term of these Terms
of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your User Status Submissions caused
damage to a third party. This defense and indemnification obligation
will survive these Terms of Service and your use of the Fancy Live
Service. We don't support or encourage illegal consumption of
alcohol or tobacco.
Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by Fancy Live without restriction.
General
You agree that: (i) the Fancy Live Service shall be deemed a passive
server that does not give rise to personal jurisdiction over Fancy
Live , either specific or general, in jurisdictions other than Hong
Kong; and (iii) that you agree to subject to the jurisdiction of
Hong Kong in the event of any legal dispute. These Terms of Service
shall be governed by the internal substantive laws of Hong Kong,
without respect to its conflict of laws principles. Any claim or
dispute between you and Fancy Live that arises in whole or in part
from the Fancy Live Service shall be decided exclusively by a court
of competent jurisdiction located in Hong Kong. Privacy and any
other legal notices published by Fancy Live , shall constitute the
entire agreement between you and Fancy Live concerning the Fancy
Live Service. If any provision of these Terms of Service is deemed
invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions
of these Terms of Service, which shall remain in full force and
effect. No waiver of any term of this these Terms of Service shall
be deemed a further or continuing waiver of such term or any other
term, and Sweet chat's failure to assert any right or provision
under these Terms of Service shall not constitute a waiver of such
right or provision. Fancy Live reserves the right to amend or modify
these Terms of Service at any time, and it is your responsibility to
review these Terms of Service for any changes. Your use of the Fancy
Live Service following any amendment of these Terms of Service will
signify your assent to and acceptance of its revised terms. YOU AND
Fancy Live AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE Fancy Live SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
Terms last updated: April, 2021.
Fancy Live Is governed by the laws of Hong Kong