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
A.
Age.
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.
ABLESTAR
reserves the right at any time to modify this Agreement and to
impose new or additional terms or conditions on your use of the
Service, provided that ABLESTAR will give you
notice of the updated Terms of Service, unless it would not be
reasonable to do so due to circumstances arising from legal,
regulatory, or governmental action; to address user security, user
privacy, or technical integrity concerns; to avoid service
disruptions to other users; or due to a natural disaster,
catastrophic event, war, or other similar occurrence outside of
ABLESTAR’s reasonable control. In the event that
ABLESTAR does make material adverse changes to the
Service or terms of use, you will have the right to terminate this
Agreement and your account. ABLESTAR shall not be
liable to you for any modifications to the Service or terms of
service made in accordance with this Section.
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.
II.
SERVICES
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.
B.File Sharing
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.
C.Additional
Features
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.
B.Your Conduct
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
a. Notice
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.
c. Report
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.
IV. PRIVACY POLICY
We may collect information about your
actions on the Services. This may include information such as the
profiles you create, how you use the Services, your coin balance,
and purchases you make through the Services. It can also include the
various functions and features that you use, such as the connections
you make, other friends or contacts you invite to the Services and
profile searches you perform, how often you log in and with what/
which platform you log in from, your IP address and how many
profiles you have created, or your use of our applications. Read
more on our Privacy Policy.
. 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.
Ⅷ. INDEMNIFICATION
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.