• Colorbox Term of Use and Privacy

     

    1. INTRODUCTION:

    Colorbox (“Zenjoy”, “Zenjoy Ltd.”, "us", "our" or "we") offers you access to its interactive online websites, applications and services. These Terms of Use, and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”) or any of our widgets or other applications (“Applications” or “App”) – together, our “Services”. Our Services include http://www.zenjoy.net/ and all other locations on which we place these Terms of Use.

     

    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED “AMENDMENTS; ADDITIONAL TERMS”. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

     

    2. USE LICENSE:

     

    Permission is granted to temporarily download one copy of the materials (information or software) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

     

    • modify or copy the materials;
    • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • attempt to decompile or reverse engineer any software contained within the app;
    • remove any copyright or other proprietary notations from the materials;
    • transfer the materials to another person or "mirror" the materials on any other server.

     

    This license shall automatically terminate if you violate any of these restrictions and may be terminated by Colorbox at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

     

    3. INTELLECTUAL PROPERTY

     

    Our Services and associated content (and any derivative works or enhancements of the

    same) including, but not limited to, all artwork, text, illustrations, files, images, software,

    scripts, graphics, photos, sounds, music, videos, information, content, materials, products,

    services, URLs, technology, documentation, and interactive features included with or

    available through our Services (collectively, the “Service Content”) and all intellectual

    property rights to the same are owned by us, our licensors, or both. Additionally, all

    trademarks, service marks, trade names and trade dress that may appear in our Services

    are owned by us, our licensors, or identified third parties. Except for the limited use rights

    granted to you in these Terms of Use, you shall not acquire any right, title or interest in our

    Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

     

    4. SERVICE CONTENT & THIRD PARTY LINKS

     

    A. We provide our Services including, without limitation, Service Content for educational,

    entertainment and/or promotional purposes only. You may not rely on any information and

    opinions expressed through any of our Services for any other purpose. In all instances, it

    is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of

    any Service Content. Under no circumstances will we be liable for any loss or damage

    caused by your reliance on any Service Content.

    B. In many instances, Service Content will include content posted by a third-party or will

    represent the opinions and judgments of a third-party. We do not endorse, warrant and are

    not responsible for the accuracy, timeliness, completeness, or reliability of any opinion,

    advice, or statement offered through our Services by anyone other than our authorized

    employees or spokespersons while acting in their official capacities.

    C. Our Services may link or contain links to other websites maintained by third parties.

    We do not operate or control, in any respect, or necessarily endorse the content found on

    these third-party websites. You assume sole responsibility for your use of third-party links.

    We are not responsible for any content posted on third-party websites or liable to you for

    any loss or damage of any sort incurred as a result of your dealings with any third-party or

    their website.

     

    5. INDEMNIFICATION

     

    You agree to indemnify and hold harmless Colorbox and its officers, directors,

    employees, parents, partners, successors, agents, distribution partners, affiliates,

    subsidiaries, and their related companies from and against any and all claims, liabilities,

    losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees

    and costs) arising out of, related to, or that may arise in connection with: (i) your use of our

    Services; (ii) User Content provided by you or through use of your Membership; (iii) any

    actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or

    alleged breach of any representation, warranty, or covenant that you have made to us; or

    (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim

    that is the subject of your obligations hereunder.

     

    6. DISCLAIMER

     

    • The materials within Colorbox App are provided on an 'as is' basis. Colorbox makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

     

    • Further, Colorbox does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials within the app.

     

    7. LIMITATIONS

     

    In no event shall Colorbox or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the App and the materials within Colorbox, even if Colorbox authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

     

    8. TERMINATION

    A. We reserve the right in our sole discretion and at any time to terminate or suspend

    your Membership and/or block your use of our Services for any reason including, without

    limitation if you have failed to comply with the letter and spirit of these Terms of Use. You

    agree that Zenjoy is not liable to you or any third party for any termination or

    suspension of your Membership or for blocking your use of our Services.

     

    B. Any suspension or termination shall not affect your obligations to us under these

    Terms of Use. The provisions of these Terms of Use which by their nature should survive

    the suspension or termination of your Membership or these Terms of Use shall survive

    including, but not limited to the rights and licenses that you have granted hereunder,

    indemnities, releases, disclaimers, limitations on liability, provisions related to choice of

    law, and all of the provisions in the Section titled “MISCELLANEOUS”.

     

    9. ACCURACY OF MATERIALS

     

    The materials appearing within Colorbox could include technical, typographical, or photographic errors. Colorbox does not warrant that any of the materials on its website are accurate, complete or current. Colorbox may make changes to the materials contained on its website at any time without notice. However, Colorbox does not make any commitment to update the materials.

     

    10. ACCESS

     

    You must provide at your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use this app. We do not guarantee that the app is available in all geographic locations. You acknowledge that when You use the app, your wireless carrier may charge you fees for data, messaging, and/or other wireless access.

     

    Check with your carrier to see if there are any such fees that apply to you. You are solely responsible for any costs You incur to access this application from your mobile device and/or PC device. Your right to use Colorbox app is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the services.

     

    11. GOVERNING LAW and DISPUTES RESOLUTION

     

    Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise, the Agreement and any dispute or claim arising out of or in connection with the Agreement will be governed by the laws of the People’s Republican of China.

     

    Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with the Agreement, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC), and the place of arbitration shall be in Beijing. Within the valid period for the arbitration, such arbitration tribunal shall subject to the arbitration rules of the CIETAC in effect at the time of the arbitration. The award of the arbitration tribunal shall be final and binding upon the two parties.

     

    12. MISCELLANEOUS

    A. No waiver by either party of any breach or default hereunder shall be deemed to be a

    waiver of any preceding or subsequent breach or default. The section headings used

    herein are for convenience only and shall not be given any legal import.

    B. Except where specifically stated otherwise, if any part of these Terms of Use is

    unlawful or unenforceable for any reason, we both agree that only that part of the Terms of

    Use shall be stricken and that the remaining terms in the Terms of Use shall not be

    affected.

    C. These Terms of Use constitute the entire agreement of the parties with respect to the

    subject matter hereof, and supersede all previous written or oral agreements between us

    with respect to such subject matter.

    D. You may not assign these Terms of Use or assign any rights or delegate any

    obligations hereunder, in whole or in part, without our prior written consent. Any such

    purported assignment or delegation by you without the appropriate prior written consent

    will be null and void and of no force and effect. We may assign these Terms of Use or any

    rights hereunder without your consent and without notice.

     

    13. Contact info:

     

    If you have any questions, feedback, complaints or claims with respect to our Services, you may contact us at casual.support@zenjoy.net.

     

    Privacy Policy

     

    Your privacy is very important to us.

     

    It is Colorbox's policy to respect your privacy regarding any information we may collect while operating our application. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

     

    We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

    Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

    We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.

    Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

    We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

    We will make readily available to customers information about our policies and practices relating to the management of personal information.

    We will only retain personal information for as long as necessary for the fulfilment of those purposes.

    We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Colorbox may change this privacy policy from time to time at Colorbox's sole discretion.