Terms of service
THIS AGREEMENT BETWEEN YOU AND ABLESTAR GOVERNS
YOUR USE OF ABLESTAR SERVICES, AND WEBSITES
(COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT
YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,”
YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS
OR USE THE SERVICE.
ABLESTAR (“we”) is the provider of the Service, which permits you to utilize certain Internet services, including storing, uploading, sharing, playing videos, only under the terms and conditions set forth in this Agreement.
I. REQUIREMENTS FOR USE OF THE SERVICE
The Service is only available to individuals aged 13 years or older (or equivalent minimum age in the relevant jurisdiction). We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service.
B. Limitations on Use.
You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
C. Availability of the Service.
The Service, or any feature or part thereof, may not be available in all languages or in all countries and ABLESTAR makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.
D. Changing the Service.
If you don’t agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
A. Uploading and Storing
You can use the Service to upload and store all formats of videos on ABLESTAR until you delete it or removed by ABLESTAR due to this Agreement. Pornography, nudity, sexual videos, movies/TV shows and any kind offensive videos are prohibited. Copyrighted material are also strictly prohibited. Uploading and storing the above content in violation of regulations may cause your account to be permanently banned, and the user will bear all responsibilities.
If you share files via a web link, these files will be publicly accessible to anyone who has been provided the web link. You can stop sharing files at any time. Besides, if a video is deleted or removed by you or ABLESTAR, the sharing link will be invalid then. However, any file previously copied to another device or computer will not be deleted. PLEASE NOTE THAT SHARING OF OFFENSIVE VIDEOS OR COPYRIGHTED MATERIALS IS PROHIBITED AND MIGHT INCUR LEGAL LIABILITIES WHICH SHALL BE BORNE BY YOURSELF.
From time to time, ABLESTAR will add additional features to enhance the user experience of our storage service with or without charge. However, these free features may be withdrawn without further notice.
III. YOUR USE OF THE SERVICE
A. Your account
As a registered user of the service, you must establish an account through a third-party account. Do not disclose your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify ABLESTAR of any security breach of your Account. Provided we have exercised reasonable skill and due care, ABLESTAR shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules. In order to use this service, you must register your account by authorizing a third-party account. You agree to provide accurate and complete information when registering for and using the Services ("Service Registration Data"), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete service registration data may result in suspension and/or termination of your account. You agree that ABLESTAR may store and use service registration data provided by you for the maintenance and billing of your account.
You agree that you will NOT use the Service to:
a. upload, download, transmit, share, store or otherwise make available any content that sexualize minors under 18 years old, including but not limited to, content that promote pedophilia or inappropriate interaction targeted at a minor;
b. upload, download, transmit, share, store or otherwise make available any CSAM content. YOU SHALL BE ARE THAT, THE CREATION AND DISSEMINATION OF CHILD SEXUAL ABUSE MATERIAL (CSAM) IS AN ABHORRENT CRIME AND ABLESTAR IS COMMITTED TO THE FIGHT AGAINST THE DISTRIBUTION OF CSAM. FOR THE PURPOSES OF THIS POLICY, A CHILD IS ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE. WE HAVE A ZERO-TOLERANCE POLICY TOWARD CHILD SEXUAL ABUSE MATERIAL ON OUR PLATFORM, AS WELL AS TOWARD THOSE WHO PRODUCE, DISSEMINATE, AS WELL AS SEEK OUT AND CONSUME CSAM. ANY CONTENT FEATURING OR DEPICTING A CHILD IS STRICTLY FORBIDDEN ON OUR PLATFORM AND IS DEEMED TO CONSTITUTE A GRAVE VIOLATION OF OUR TERMS OF SERVICE. ALL CHILD SEXUAL ABUSE MATERIAL THAT WE IDENTIFY OR ARE MADE AWARE OF RESULTS IN THE IMMEDIATE REMOVAL OF THE CONTENT IN QUESTION. WE WILL REPORT ALL CASES OF APPARENT CHILD SEXUAL ABUSE MATERIAL THAT WE ARE MADE AWARE OF TO THE POLICE STATION OR ANY OTHER LAW ENFORCEMENT DEPARTMENTS IN COMPLIANCE WITH LAWS AND OTHER AGENCIES/AUTHORITIES AND LAW ENFORCEMENT, AND DELETE THE ACCOUNTS OF THOSE INVOLVED WITH THE DISTRIBUTION;
c.upload, download, transmit, share, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
d. stalk, harass, threaten or harm another;
e. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
f. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another ABLESTAR user, a ABLESTAR employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity ABLESTAR reserves the right to reject or block any ABLESTAR ID or which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
g. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
i. Threaten the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;;
j. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
k. plan or engage in any illegal activity;
l. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.Pornography, nudity, sexual videos, movies/TV shows and any kind offensive videos are prohibited. Copyrighted material are also strictly prohibited. We reserve the right to decide appropriate content and can delete videos at any time without User notification.
WHEN THE ABOVE BEHAVIOR OCCURS AND THE IMPACT IS BAD, YOUR ACCOUNT IS LIKELY TO BE PERMANENTLY BANNED AND YOU LOSE THE ELIGIBILITY FOR SERVICES.
C. Notice, Removal, Report, Suspension and Termination
ABLESTAR takes user privacy very seriously, we will not scan stored files. However, we will prompt you to delete and stop sharing any prohibited Content prescribed above, if we are aware of the existence of the prohibited Content.
b. Removal of Content
You acknowledge that ABLESTAR is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, ABLESTAR reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
ABLESTAR does not condone, authorise, support or facilitate the storage or sharing of Child Exploitation Material (CEM), also known as Child Sexual Abuse Material (CSAM), or other objectionable material as defined under applicable laws or other Internet-harming material. ABLESTAR has zero tolerance for users sharing such material. Users can submit reports of links to objectionable material by email to [email protected].
We will report all cases of apparent CSAM and any other objectionable material as defined under applicable laws that we are made aware of to the police station or any other law enforcement departments in compliance with laws and other agencies/authorities and law enforcement.
d. Suspension and Termination
We reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
. Ⅴ. SUBSCRIPTION TERMS
For products that support automatic renewal, please handle the provisions of the VI below. For products that cannot be automatically renewed, that is, one-time purchases, ABLESTAR will not support refunds after you choose to pay and the deduction is successful.
Ⅵ. AUTOMATIC RENEWAL TERMS
A. Acceptance and modification of the terms
This part is concluded between ABLESTAR and all members using ABLESTAR services (hereinafter referred to as "you") regarding the entrusted deduction service for automatic renewal. These Terms constitute a precondition for your use of the auto-renewal service offered by ABLESTAR. By choosing to use the automatic renewal service, you will be deemed as agreeing to be bound by the terms of this part.
B. Service description
a. This service is to meet the member’s demand for automatic renewal. Member can avoid losses caused by his/her failure to renew in time due to negligence or other reasons by opening this service to authorize ABLESTAR to deduct the fees of the next billing cycle from the balance of his/her own top-up account, third-party payment account bound to the member account, bank card and communication account (hereinafter collectively referred to as “account”) before and after the expiration of the membership. The billing cycle is the cycle selected by the user when paying. Member can choose freely according to the automatic renewal service displayed on the ABLESTAR platform when buying the membership service provided by ABLESTAR. The service is implemented on the premise that the member has bound his or her ABLESTAR member account to the above account and can be successfully deducted from the above account.
b. Automatic renewal specifically refers to the deduction method for ABLESTAR to collect the member’s next billing cycle fee through the above account based on the premise of B.a. Member should ensure that ABLESTAR can deduct money from the above-mentioned account successfully. The member shall be responsible for the failure of renewal due to insufficient deductible balance in the above account.
C. Rights and obligations of the parties
a. After the member opens the automatic renewal service, ABLESTAR will automatically deduct the fees for the next billing cycle through the aforesaid account of the member 24 hours after the expiration of each billing cycle, record the payment in the member’s payment record, and extend the member’s validity period accordingly at the same time. The automatic renewal status update may have a display delay, and the actual payment of the automatic renewal contract status shall prevail. If the member does not cancel the automatic renewal function at least 24 hours before the billing cycle expires, the subscription will be automatically renewed and due amount will be deducted.
b. If there is any error in the deduction process, ABLESTAR and the member should cooperate closely to find out the reason and bear the losses caused by their own mistakes. If losses are caused by unequal faults of both parties, both parties shall bear corresponding responsibilities according to the degree of fault. If losses are caused by the joint faults of both parties but it is not possible to distinguish their respective faults, the responsibilities shall be shared by both parties equally.
c. ABLESTAR may change or modify the relevant service content, rules and terms in accordance with its business development or technical upgrades, etc. ABLESTAR will inform users of the relevant changes or modifications by means of public announcement on the relevant ABLESTAR pages, but is not obliged to make individual notifications. If the member does not agree to the modifications, he/she may cancel the service he/she has acquired and stop using it. The member is deemed to have accepted all modifications to this agreement if he/she continues to use the service provided by ABLESTAR.
d. If the service price of ABLESTAR related membership is adjusted at/before the time of automatic renewal deduction, the current effective price shall prevail.
D. Opening of automatic renewal service
a. If you open the service from ABLESTAR-related Android or IOS mobile client / Web page end / mobile Web page end, you are deemed to authorize ABLESTAR to withhold the service fee of the next billing cycle from the payment channel you have authorized to bind, including but not limited to: bank card, Paypal, Apple Pay and Google Pay, before and after the expiration of your relevant membership service period.
b. You are obliged to pay attention to and ensure that the payment channel you choose has sufficient balance under the account of the payment method to meet the needs of automatic renewal. If due to the aforementioned defects (including but not limited to: insufficient balance, insufficient balance to satisfy the user to select multiple automatic renewal services), the relevant member services will not be able to be continued.
E. The validity period of automatic renewal service
a. Unless otherwise specified by ABLESTAR, the automatic renewal service you receive will be valid permanently.
b. ABLESTAR will carry out renewal automatically before expiration of the ABLESTAR service you have selected. If there is any change, please make the change according to Article F below, otherwise ABLESTAR has the right to renew the corresponding service by your default payment method.
c. You can choose whether to cancel the service or not. If you choose not to cancel, it shall be deemed that you agree to ABLESTAR’s deduction attempt in accordance with this agreement. Once the deduction is successful, ABLESTAR will extend the membership service for the next billing cycle for you. If the price of ABLESTAR package service is adjusted before/during the automatic renewal, the current effective price shall prevail.
d. ABLESTAR specifically reminds you that when you choose to use the automatic renewal service and entrust ABLESTAR to pay the fees by your default payment method, ABLESTAR will consider that you have chosen to purchase its relevant paid services. Therefore, ABLESTAR will not refund in any way for the fees paid by you.
G. Validity and termination of the agreement
a. This agreement shall be effective from the time the member chooses to accept or use the service until the member terminates the service/cancels the membership.
b. The member has the right to choose to terminate the service at any time in the Member Account Settings. ABLESTAR will stop providing this service to the member after this service is terminated.
c. The instructions that have been entrusted to ABLESTAR for automatic renewal and deduction before a member chooses to terminate the service are still valid. ABLESTAR will not refund the fees deducted based on the instructions and the relevant responsibilities will be borne by the member.
Ⅶ. DISCLAIMER OF WARRANTIES
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
ABLESTAR SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
ABLESTAR DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ABLESTAR MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABLESTAR AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, ABLESTAR AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ABLESTAR DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ABLESTAR DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Ⅶ. LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
ABLESTAR SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM
(A) ABLESTAR’S FAILURE TO USE REASONABLE SKILL AND DUE CARE;
(B) ABLESTAR’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR
(C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABLESTAR AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF ABLESTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold ABLESTAR, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:
(a) any Content you submit, post, transmit, or otherwise make available through the Service;
(b) your use of the Service;
(c) any violation by you of this Agreement;
(d) any action taken by ABLESTAR as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred;
(e) your violation of any rights of another.
This means that you cannot sue ABLESTAR, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of ABLESTAR’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless ABLESTAR from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.