Terms of Service
1.User’s Relationship with HOLLA
1.1.We've drafted these Terms of Service (which we call the "Terms") so that you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and HG VISION PTE. LTD. So please read them carefully.
1.2.By using the Services, you agree to the Terms. Of course, if you disagree with them, then don't use the Services.
1.4.The Services are owned and operated by HG VISION PTE. LTD. (“HOLLA,” “we,” or “us”) and are accessed by you under the Terms of Services described herein (“Terms of Services” or “Agreement”). Please read these Terms of Services carefully before using the Services. By accessing the Platform or using any part of the Services, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the Platform or use the Services. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
1.5.Arbitration notice: we want to let you know upfront that these terms contain an arbitration clause. Except for certain disputes mentioned in that arbitration clause, you and HOLLA agree that disputes between us will be resolved by mandatory binding arbitration. You and HOLLA waive any right to participate in a class-action lawsuit or class-wide arbitration.
2.Accepting the Terms
You should read all terms cautiously before you decide to register, access, or use our Services.
3.Modification of Terms
3.1.HOLLA may change the Terms from time to time. Any such changes will become effective when posted on HOLLA. If you object to such changes, your sole recourse will be to cease using the Services. Continued use of the Services following the posting of any such changes and modifications will indicate your acknowledgment of such changes and your agreement to be bound by the revised agreement, including those changes.
4.Registration and Account Security
4.1.Registration Information: You must register an account with us to use our Services. You must provide us with accurate and up-to-date information (especially regarding your age which will be discussed in Article 4.2), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their
4.2Age restriction: You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into these Terms and to abide by and comply with these Terms. In any case, you affirm that you are at least 13 years of age.
If you are under the age of 18 (or the minimum legal age in your country and country of residency), you are prohibited from using our Services.
4.3.You must not be a convicted sex offender.
4.4.False information: We require you to provide accurate information. HOLLA shall not be responsible or liable for any liabilities caused by the inaccurate or false information provided by you or any other third parties.
5.Prohibited Use and Report
5.1.We reserve the right to investigate, suspend, and/or permanently terminate your account if you have misused the Services or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Services but involve users who meet through the Services. The following is a non-exhaustive list of the type of actions that you may not engage in with respect to the Services. You will not:
- - impersonate any person or entity.
- - solicit money from any users.
- - harm, stalk, or otherwise harass another.
- - impersonate, or misrepresent your relationship with, any person or entity (this includes pretending to be minor if you are not)
- - express or imply that any statements you make are endorsed by us without our specific prior written consent.
- - use the Services in an illegal manner or to commit an illegal act.
- - access the Services in a jurisdiction in which it is illegal or unauthorized.
- - ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
- - sell, license, or purchase any account or data obtained from us or our Services.
- - modify, translate, create derivative works of, or reverse engineer our products or their components.
- - violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property rights;
- - bullies, harasses, or intimidates;
- - defames, or spams or solicits HOLLA's users;
- - spread inappropriate or illegal information to other users, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by HOLLA in its sole discretion;
- - introduces viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code, - is reverse look-up or trace any information of any other User or visitor or otherwise use the Services to obtain information of any User or visitor;
- - attempts to gain unauthorized access to any portion of the Services or any systems or networks by hacking, password "mining," or any other illegitimate means;
- - uses any "deep-link,” "page-scrape,” "robot,” "spider," or other automatic devices, program, algorithm, or methodology, or any manual process to access, acquire, copy or monitor any portion of the Services or any data or materials contained therein or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the System;
- - asks or offers sexually explicit images or engages in any activity harmful to minors or otherwise violates these terms.
- - use branding, logos, designs, photographs, videos, or any other materials used in our Services;
- - copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
- - use the Services or any content on the Services for commercial purposes without our consent.
We have zero tolerance for objectionable behaviors or abusive users, and our content review will actively review the content on our Platform to eliminate and suspend objectionable content and abusive users. Please report objectionable content and abusive users to email@example.com if you ever encounter the abovementioned content. Famy will remove the objectionable content or abusive users accordingly if the reported content and users are indeed objectionable and abusive.
5.2.You may not use the Services or the content on the Services in ways not authorized by these Terms. Nor may you help or enable anyone else to do so. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content contributed by HOLLA users, such as content that violates these Terms of Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- -satisfy any applicable law, regulation, legal process, or governmental request;
- -enforce these Terms of Services, including investigation of potential violations hereof;
- -detect, prevent, or otherwise address fraud, security, or technical issues;
- -respond to member support requests, or protect our rights, property, or safety, and that of our users and the public.
You understand that by using or accessing the Platform or the Services, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Contributed Content, or any loss or damage of any kind incurred as a result of the use of any HOLLA content or content posted by users which are posted, emailed, transmitted or otherwise made available on the Platform or through the Services.
6.1.Ownership and License
6.1.2.In the event you upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g., dialogues, comments, and scripts), branding (e.g., brand name, trademark, Services mark, or logo), interactive features, software, metrics and other types of materials (collectively, “Content”) on HOLLA; you hereby grant HOLLA and its affiliates a non-exclusive, perpetual, unlimited, royalty-free, worldwide, sub-licensable, irrevocable and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or otherwise use or create derivative works in connection with your Content in accordance with the above license.
6.1.3.HOLLA is the owner or licensee of all rights in and to the Platform, the trademarks displayed on the same, and any and all copyrights, trade secrets, patent rights, or other proprietary or personal rights contained within or displayed upon the same. Our Platform and Services are subject to all applicable intellectual property and other laws.
6.2.1.HOLLA may provide you with the ability to submit User-Generated Content to the Platform. By submitting User-Generated Content to the Platform, you grant HOLLA a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Platform and any purpose related thereto, including without limitation, to reproduce, prepare derivative works, distribute copies, store, perform, display, and use any of the User-Generated Content. These purposes may include but are not limited to providing you or third parties with the Platform or its associated products and Services and archiving or making backups of the Platform. You agree to waive all rights in and to your User-Generated Content worldwide, whether you have or have not asserted rights in or to your User-Generated Content. By submitting User-Generated Content to the Platform, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted.
6.2.2.You warrant that any User-Generated Content that you submit to the Platform will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You acknowledge and agree that HOLLA is not responsible or liable for User-Generated Content.
6.2.3.You agree to indemnify and hold HOLLA harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with HOLLA’s use and exploitation of your User Generated Content resulting from your breach of these terms and conditions. You also agree to waive and not to enforce any moral rights, ancillary rights, or similar rights in or to the User-Generated Content against HOLLA or HOLLA’s licensees, distributors, agents, representatives, and other authorized users and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
6.2.4.HOLLA reserves the right to monitor, screen, post, remove, modify, store and review User-Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User-Generated Content conforms to these Terms, without prior notice to you. HOLLA may terminate your account and access to the Platform if your User Generated Content violates these terms and conditions, including unlawful postings or content, without prior notice. HOLLA is not responsible for and does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users.
6.2.6.HOLLA reserves the right but has no obligation to report to law enforcement any Personal Information or User-Generated Content at any time and for whatever reason, at its sole and absolute discretion.
6.3.Infringement and Report
6.3.1.HOLLA honors the requirements set forth in the Digital Millennium Copyright Act. We, therefore, take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if HOLLA becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
6.3.2.We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright you own or control, please fill out this form. Or you may file a notice with us: firstname.lastname@example.org. If you file a notice with our Copyright Agent, you must:
- -contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- -identify the copyrighted work claimed to have been infringed;
- -identify the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- -provide your contact information, including your address, telephone number, and email address;
- -please provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- -provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
7.Data Security and Privacy
7.1.Link (this includes information regarding our 3rd party service providers)
8.Payments and Purchases
It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.
We may offer various social networking Services that you can purchase and use through the Services. You don't own these Services; instead, you buy enough Platform coins to use them. You'll always be shown the price for Services before you complete a purchase. But HOLLA does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as Apple's iOS Store and Google's Google Play Store, among others). Some third-party service providers may charge you a sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.
8.2.1.HOLLA offers in-App purchases ("IAP") through iTunes, Google Play, or other application platforms authorized by HOLLA. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Deleting your account on HOLLA or deleting the HOLLA application from your device does not cancel your subscription.
8.2.2.HOLLA Prime subscription starts at USD 19.99/month. Prices may vary in countries other than the U.S. and are subject to change without notice at any time.
8.3.1.To reward Users for certain activities, HOLLA may allow you to earn and use credits in HOLLA’s in-Platform/App virtual currency (“Coins”) that may be used to acquire virtual goods and Services solely with the Services. Therefore, the Coin is not a legal tender and cannot be deemed to have the same effect as a legal tender.
Coins may not be transferred to other accounts or resold in any manner, including, without limitation, using any direct sale or auction Services. You have no property interest, right, or title in or to any Coins appearing or originating in the Services or any other attributes associated with the use of the Services. All Coins are forfeited if your account or access to the Services is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue the availability of some or all of the Services.
8.3.3.User inactivity - If your account remains inactive for 3 consecutive months, all your free virtual Coins may be frozen. To unfreeze any such virtual Coins, you must email us and request that we unfreeze your free virtual Coins. Upon receipt of your request and review of your information, we will unfreeze your free virtual Coins as soon as possible.
8.3.4.If there is a loss of Coins in your account due to technical or operational problems with the Services, we will refund the lost Coins once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the Coins lost. You may, from time to time, be presented with opportunities to redeem Coins. In our sole discretion, we will determine and communicate the availability and exchange rate for any Coins, which may be modified at any time. We reserve the right to cancel, restrict or terminate Coins at any time for any reason. All redemptions are subject to these Terms and all limitations and requirements stated via the Services. All acquisitions and redemptions of Coins are final. Once Coins have been lost or spent, they will be subtracted from your account and cannot be refunded or returned except at our sole discretion.
8.3.5.Points are only valid for 30 days, and we will unconditionally clear all points at UCT 11:30 am on the penultimate day of every month and will notify you 24 hours prior to clearing points. The new points will be reset next month.
8.4.1.Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap to buy, and we give you immediate access to your purchase, you waive any right you may have under other local laws to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT HOLLA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
8.4.2.Some of the Virtual Products we offer are for one-time use, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
9.You are responsible for any mobile charges you may incur for using our Services, including text messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
12.Jurisdiction and Choice of Laws.
You agree that, for all legal and non-legal purposes, our Services are located in Singapore. These Terms will be interpreted under and governed by the laws and legal principles of Singapore without regard to conflicts of laws, principles, or statutes. Any disputes arising out of or in connection with our Services shall be brought to the courts in Singapore. Singapore International Arbitration Centre Rules govern the interpretation and enforcement of this dispute-resolution provision. The arbitration will be initiated through the Singapore International Arbitration Centre (“SIAC”). If the SIAC is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.
13.Contractual Statute of Limitation.
You agree that any cause of action arising out of or in connection with the platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. You agree that you will not start or participate in any class action lawsuit related to using the Platform.
14.Limitation of Liability.
14.You expressly understand and agree that any claim against HOLLA shall be limited to the amount you paid, if any, for the use of the platform. HOLLA will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using the platform or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
15.This Terms of Service shall terminate as follows:
15.1.HOLLA permanently suspends or deletes your account
15.2.You permanently suspend or delete your account voluntarily
15.3.You request HOLLA to permanently suspend or delete your account
16.In no event shall HOLLA be responsible or liable for any failure or delay in the Services of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, global pandemic, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the HOLLA shall use reasonable efforts which are consistent with accepted practices in the relevant industry to resume performance as soon as practicable under the circumstances.
17.If any provision of these Terms is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired and shall continue in full force and effect.
18.You understand and agree that no term or provision of these Terms will be deemed to have been waived, and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
19.Delegation of Duties.
19.HOLLA reserves the right to delegate any of its duties under these Terms to any other person, entity, or subcontractor.
20.Delegation of Rights.
Under no circumstances are you permitted to transfer the rights provided to you by these Terms.
All rights not expressly granted herein are reserved to HOLLA.