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ANT.COM LIMITED – TERMS AND CONDITIONS
Last modified: November 3, 2016
The operative Parties referred to in this Agreement are as follows:
1. Us, the Company – Ant.com Limited (“Company”) is the owner of Ant Video Downloader (“AVD”), a software downloaded by and installed on Users’ computers which allow them to download videos. Hereinafter, when first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) they are referring to Ant.com Limited. We may also be referred to as “Company” in this Agreement.
2. You, the User – This Agreement will refer to the web User or the visitor as the “User”, “You”, or through any second-person pronouns, such as “Yours” etc.
3. The Parties – Throughout certain provisions of this Agreement, Company and the User shall be collectively referred to as the “Parties” or as a “Party” when referred to individually within the same provision.
1. Use of the AVD:
Company grants You a non-exclusive, personal, worldwide, and non sublicensable license to use the AVD. The use of the AVD is at Your sole risk and discretion.
You agree that You will only use the AVD for lawful purposes.
Specifically, You agree not to:
Use the AVD in a manner that could infringe on any third-party rights, such as but not limited to intellectual property rights and/or privacy rights; and
Violate any laws (such as but not limited to laws related to contracts, patents, trademarks, copyrights etc.); and
Attempt to interfere with the proper working of the AVD; and
Alter or modify without any written permission, whether directly or indirectly, the AVD in whole or in part.
2. Change of the terms of the Agreement:
We may modify or revise the Agreement from time to time in our sole discretion and You agree to be bound by such modifications or revisions. Although We may attempt to notify You when major changes are made, You are expected to periodically review the most up-to-date version found, so You are aware of any changes, as they are binding on You.
If We change anything in the Agreement, the change will be reflected in the “last modified date”. You agree that You will periodically review these terms. If the “last modified” date is unchanged from the last time, then the terms of the Agreement are unchanged. On the other hand, if the date has changed, then there have been changes, and You agree to re-review the terms, and You agree to the new ones.
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless the Company, its respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, 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 AVD; and/or (ii) Your violation of any term of the Agreement; and/or (iii) Your violation of any third party right, including without limitation any intellectual property rights, or privacy right. This defense and indemnification obligation will survive the Agreement and Your use of the AVD. You agree that We shall have the right and obligation to control the legal defense against any such claims, demands, or litigations, including the right to select counsel of Our choice and to compromise or settle any such claims, demands, or litigations.
4. Limitation of liability:
In no event shall Company be liable to You for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any individual or class-action claim, or any loss, damage, action, suit or other proceeding relating to or arising under the Agreement and/or based on Your use of the AVD.
THE USER ACKNOWLEDGES AND AGREES THAT THE AVD may contain inaccuracies or errors that could cause failures or loss of data. ACCORDINGLY, IT BELONGS TO THE USER TO BACK UP ALL DATA AND/OR ANY ELEMENTS USED WITH THE AVD.
THE AVD IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE AVD IS AT ITS SOLE RISK AND THAT THE ENTIRE RISK AS TO ITS SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AVD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH THE USER’S ENJOYMENT OF THE AVD, THAT THE AVD WILL MEET THE USER’S REQUIREMENTS, THAT THE OPERATION OF THE AVD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AVD WILL BE CORRECTED.
We, ANT.COM Ltd, a company registered and existing under the laws of Hong Kong, with registration number 1223749, having its registered seat at Room 409 Yu To Sang Building 37 Queen's Road Central, Hong Kong, are the owner of the AVD and are the responsible data controller.
a. Use of personal data
Personal data is any information relating to an identified or identifiable natural person, including names, addresses, email addresses, and geographic locations. We collect, process and retain personal data to the extent it is necessary to provide Users with our service. We do not collect, process or retain personal data without a judicial or governmental order or Your consent.
Persons who visit our website without logging in or registering are unregistered Users. The only personal data we collect from unregistered Users is their IP addresses, which we delete with fifteen (15) minutes after each visit. We do not associate IP addresses with any of the unregistered Users’ specific activity (such as videos they view) on the site. Unregistered Users’ IP addresses are only used to prepare aggregate statistics about the overall activity on our website. Such statistics do not contain any personal information.
Persons who choose to create an account are registered Users. It is possible to create an account without providing your name. You can maintain your account under an alias.
We collect the following data from registered Users:
Any information the User submits to us during account creation, such as Username, name, email address, the User’s environment (browser, OS, etc); and
The IP address during the account creation process.
b. Cookies and Google Analytics
Cookies are text files that are placed by the browser in the memory of a User’s device when our website is visited. Our website uses session cookies and persistent cookies:
Session cookies expire at the end of a browser session. They only enable us to collect and connect the User’s actions during the particular browser session and are deleted when the browser is closed or the User goes offline.
Persistent cookies survive a browser session and are stored for a predefined period of time. We are using persistent cookies with the following information and for the following purposes:
Identifying a registered User; and
Keeping some search preferences; and
Keeping the likes of the unregistered Users; and
Saving the video player’s preferences; and
Displaying the advertisements; and
Keeping statistics regarding the speed loading of the pages.
The User can disable the cookie function in his browser options. Please see the specific information of the browser used for visiting this website. If cookies are disabled the User might not be able to use all the functions and services of our website.
In addition, this website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"), using third-party cookies that enable Google to analyze the use of the website. The information generated by the cookie about the use of this website is transferred to a Google server. Note that we have activated Google’s IP anonymization service “anonymizeIP” for our website which shortens a User’s IP address prior to the transfer.
Google will use this information on our behalf to evaluate the use of our website, to compile reports for activities on our website, and to provide other services to us relating to our website.
Google Analytics operates under the following terms:
- Terms of Service: http://www.google.com/analytics/terms/gb.html
- Privacy Statement: http://www.google.com/intl/en/analytics/learn/privacy.html
The User can prevent Google from collecting and processing the data concerning the use of the website (including the IP address) by installing a browser-plug-in which is available under https://tools.google.com/dlpage/gaoptout.
c. Data Security
Note that all data is kept in a secure environment on our main. Only restricted access is provided to a limited number of our employees who are bound to keep all User information confidential.
We protect personal data by using appropriate safeguard procedures and measures such as:
SSL encryption – you can reach our SSL protected website under https://www.vxvideos.com/
Access limitation to authorized persons
d. User’s rights
Any registered or unregistered User, may, at any time, demand information on or correction and deletion of their personal data that is stored and may object to any processing of personal data.
A User with an account may, at any time, correct or delete his information directly by using the corresponding interface in his profile.
If a User desires to terminate his s account he can do so by contacting us under ……... Upon termination all personal data retained will be immediately and permanently removed from our servers.
We only contact Users by email
in response to a User’s email;
if the User requested an email notification for a specific event.
Company will not disclose any personally identifiable information it collects or obtains except: (i) as described in this Agreement; (ii) after obtaining Your permission to a specific use or disclosure; (iii) if Company is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement); (iv) as required to protect the Company’s property, safety, or operations, or the property or safety of others; or (v) to a person that acquires Company, or the assets of Company’s operator in connection with which such information has been collected or used; or (vi) as otherwise required by law.
We do not share personal information with advertisers or sell personal information to third parties.
The terms and services set forth in this Agreement shall apply once You have installed the AVD and shall last for an indefinite period of time unless (a) You uninstall the AVD or (b) We withdraw the AVD from the market.
8. Governing law
This Agreement shall be construed, governed and interpreted in accordance with the laws of the city-state of Hong Kong.
9. Dispute resolution
Any and all disputes arising out of or in connection with the present Agreement shall be settled by direct negotiations between the Parties. Such negotiations shall start upon notice with acknowledgement of receipt delivered by one Party to the other and last at least thirty (30) Business Days. If the Parties are unable to resolve the dispute through direct negotiations, then, the dispute shall be instituted exclusively before a competent court of law located in the legal district of Hong Kong.
10. Entire Agreement
This Agreement is the entire agreement between the Parties. It replaces and supersedes all prior agreements, promises, proposals, representations, understandings, deal memos and negotiations, written or not, between the Parties in connection therewith.