Terms of Service
Dear users (hereinafter referred to as "users", "the user", "you"), welcome to Heat Up!
Before your login, access or use of this Heat Up product and services (the “Service”, "Heat Up") provided by Cloud Village Limited and its affiliates (hereinafter referred to as “we”, “us”, "our"), you are advised to read the Terms of Service (the “Terms’) carefully, in particular those highlighted in bold (which may limit our liability or be related to your rights and interests materially). You may not use the Service if you do not accept the Terms. Your use and/or continued use of the Service will constitute your acceptance of all the terms hereof.
You shall guarantee to us that you are an adult and have full civil capacity according to the applicable laws and regulations in your jurisdiction. If you are a minor or do not have full civil capacity, you will not be allowed to register, log in or use the Service.
The Terms include terms and conditions set out hereunder, the agreements explicitly incorporated herein and all rules that we may announce in the future. All such rules shall be considered an integral part of the Terms and shall have the same legal effect. Unless otherwise explicitly stated, by using the Service, you agree to be bound by these terms, which form a legally binding agreement between you and us.
We reserve the right to make changes and/or amendments to these terms from time to time by posting a notice and/or by other reasonable means. You are therefore advised to check for the amended terms regularly which you must comply with when using the Service. Your continued use of the Service constitutes your acceptance of the amended terms. Any disputes between you and us shall be subject to the up-to-date Terms. If you do not agree to the amended terms, you must stop using the Service.
Account
1. In order to access the Service, you will need to create an account accepted by us and then log in. If you access to the Service through a third-party account accepted by us, you must ensure the stability, authenticity and availability of such account. If you are unable to log in Heat Up due to failure of the third-party account (e.g. such account is blocked), you are requested to contact the company in possession of such account. Your Heat Up account will be the unique reference based on which we could confirm your identity.
2. You should use the mobile phone number to bind the account (one mobile phone number will only register one account). Please use the mobile phone number that has not been bound to a Heat Up account and has not been banned by us to register your Heat Up account. The way of account registration and account binding may be changed according to the needs of users or products, and you agree to cooperate with such changes that are in compliance with requirements of the applicable or governing laws and regulations. You agree we will use the mobile phone number provided by you and/or the mobile phone number, mobile device identification code and other information automatically extracted by us when you register for your registration.
3. For Heat Up is a mobile social product based on geographical location, you may decide whether or not authorize us to disclose and use your geographical location information when you register. If you grant us such permission, we will provide you with more services that meet your needs based on your location. In case you do not grant us such permission, you will also be able to use the basic functions and services provided by us, only the relevant services based on your location information may be affected.
4. When you register, log in or use Heat Up, we need to collect your personal information that can identify you in order for us to contact you when necessary or provide you with a better user experience. You may decide whether or not to provide such personal information, and if you agree to do so you will provide true, detailed and accurate personal data ("Personal Data") required necessarily or requested by the Service subject to your consent. The Personal Data may include but not limited to the nickname, gender, age, date of birth, ID number, address, occupation and industry, height, weight, income, interests, personal profile, and other information registered/updated by you. You agree to update any change in your personal information timely. We may refuse your application of the registration and terminate your use of the Service, if the personal information provided by you is inaccurate, untrue or contains illegal, offensive or harmful information. In case you do not provide such Personal Data, you will also be able to use the basic functions and services provided by us.
5. You agree not to:
(1) use any false information to register your own Heat Up account, or fraudulently register your own Heat Up account;
(2) register your own Heat Up account in another person's name without relevant permission; or register your own Heat Up account using profile pictures or other information that contains illegal or harmful contents,
(3) register your Heat Up account in bad faith, for example to register or maintain more than one Heat Up account during the same period, or to register Heat Up account too frequently.
In case you breach any of the above obligations, we will have the right to take measures including without limitation notifying you to correct relative conduct within a specified period, suspending or terminating your use of such account, taking other reasonable actions against you as specified in other notes in Heat Up or asked by governing administrative authorities, and report your breach to local administrative authorities or governments.
6. The username, nickname, icon and other account information filled out, logged in or used by you during the use of the Service shall not violate the provisions of the applicable laws and regulations in your jurisdiction, the local public interests, social order or morality, the legitimate rights and interests of other users or any third party. The information (including without limitation comments, messages, texts, pictures, photos, audios, videos, performances) you provided or posted (collectively hereinafter referred to as the "User Generated Content") by using the Service shall not violate any applicable laws, public interests, social order or morality, and shall not infringe the rights and interests of other users or any third party.. You further warrant that the account information and the User Generated Content under or in relation to your account shall not contain any of the following content
(1) contravening with the provisions of the governing law and the applicable laws and regulations in your jurisdiction;
(2) detrimental to the local society’s security or unity;
(3) detrimental to the public interests in the local territories;
(4) instigating national enmity or discrimination, or is in breach of ethnic solidarity in the local territories;
(5) in breach of the religious policy, propagating cult or superstition in the local territories;
(6) disseminating rumors, disturbing social order or stability;
(7) disseminating obscenity, pornography, gambling, violence, murder, terror or abetting crime;
(8) insulting or slandering others or impairing the legitimate rights and interests of others;
(9) with other aspects prohibited by the applicable laws and regulations in your jurisdiction, and/or by the governing law and.
Account Security
1. To the extent permitted by laws and regulations, you agree that the ownership and proprietorship of your Heat Up account belongs to us, and you are entitled to use your own Heat Up account after your registration is approved by us. You acknowledge and agree that your own Heat Up account is unique, non-transferable, and is for your own use only that shall not be donated, borrowed, rented, transferred or sold to others.
2. It is important that you must keep your account and password secure, failing which you will be held solely and fully liable for any damages caused to you, us or any third party. You agree that you will be solely and fully liable for all activities and events that occur under your account. You are free to change the password of your account at any time. If you know or suspect that your account has been illegally used or has bugs, you agree to notify us immediately.
3. You agree to notify us immediately if you find any illegal use of your own Heat Up account or account security loopholes, and we will protect your rights and interests to a reasonable extent.
4. You agree that we will have the right to suspend, terminate and freeze your account without prior notice if we find that your Heat Up account is likely to be stolen, misused or used in an illegal way by others. In such cases, we will not assume any legal obligations to you for your lost or damages (such as the communication interruption, loss of your account data, record and/or virtual property) resulted from the above measures taken by us.
Service Guidelines
1. Heat Up is a location -based online platform for stranger socialization and view sharing. Heat Up provides you with the services of finding nearby friends, chatting online, posting your stories, views, comments, following others and other interactive services.
2. The basic services in Heat Up provided by us with you are free, in the meantime some services and functions are charged that you may purchase subject to your own need. The price, content, quantity, validity period, payment method and other matters of the paid services shall be subject to the publication in relevant pages of Heat Up. We remind you to consume rationally and reasonably. When purchasing our paid services, you should carefully check the specific information such as your account name, service type, and service duration. In case of disputes caused by incorrect account filling, incorrect service type or service duration, the fees already charged will not be refunded by us.
3. You agree that we reserve the right to adjust the service content at any time according to our business development and changes, and you will pay attention to and understand such changes made by us in time. You understand and accept that any adjustment made by us to the service content may affect the rights and interests that you have enjoyed or are enjoying, and agree to use the Service in accordance with such adjustment without requiring us to assume any responsibility.
Account Usage
1. We hereby expressly remind you that, you must be responsible for the legitimacy, accuracy, integrity, authenticity or quality of your registration information and any messages, documents, text, music, audios, photos, images, videos or information uploaded, posted or stored, transmitted or published by you in any manner through Heat Up.
2. You agree not to misuse the Service. You warrant that you will use the Service to the extent permitted by the applicable laws and regulations in your jurisdiction, the governing law, as well as the Terms and you will not commit any harmful, illegal or infringement actions, failing which you shall be held solely liable for all consequences. In addition, you shall fully indemnify us or any third party for any losses resulting from the aforesaid violations.
3. You agree to comply with the applicable laws and regulations in your jurisdiction and the local morality and cultural customs during your use of the Service. Otherwise, you will be held solely and fully liable for any liability thereof. In the meantime, you are requested to use the Service in a proper and prudent manner, and if your actions lead to our violation of laws and regulations or put us into political or public events, we have the right to suspend or terminate the Service with you.
4. In any circumstances, you agree that you will not:
(1) use the Service for any illegal activities;
(2) use the Service for any activities which are harmful or may be harmful to children and teenagers;
(3) display any inappropriate text, audios, videos, other content or information (such as pornographic, violent, vulgar, horrible or brutal content etc. which are against the applicable or governing laws and regulations, or the social morality, or local cultural tradition/customs);
(4) commit any mendacious or misleading activities (such as attempting to demand cash by fabricating false grounds or impersonating others’ identities);
(5) commit any actions that are detrimental to the Service or others (such as releasing or distributing virus, stalking, discriminating, posting hate speech/insulting comments, promoting violence against others or mistreating animals);
(6) infringe the rights of others (such as uploading, storing or publishing the unauthorized manuscripts, music, photos or videos in which the third party has intellectual property rights);
(7) infringe the privacy of others (such as secretly photographing or videotaping others);
(8) use the Service in any manner which may disturb, impair, influence or restraint other users’ proper use of the Service or in any manner which may result in damage to, disabling or overuse of the Service or interference with normal working of the Service;
(9) send spams or assist others to send spams from your account, or for the purpose of sending spams or commercial e-mails, send any unsolicited or unauthorized advertisements, inductive information, promotional materials, spams, chain letters or pyramid schemes, or e-mails concealing or misrepresenting the identities of the senders;
(10) harvest or collect other users’ e-mail addresses, phone numbers, IM numbers and other information without their consent;
(11) use any robot, spider, crawler, scraper or other automated means to access our Service or collect data;
(12) in any manner reverse engineer or derive the source code of the Service, or bypass or circumvent measures imposed to prevent or restrict access to any areas, content or codes of the Service;
(13) use or attempt to use any unauthorized accounts;
(14) impersonate any other person or entities or post information in their names, or misrepresent your relationship with any other person or entities;
(15) attempt to circumvent any content filtering technology that may be used by us or attempt to access any services or areas which you have no authority;
(16) place any advertisement to recommend products or services other than those of Heat Up and its affiliates. You also agree not for any reason or in any manner to solicit our users to use similar competitive products or platform services;
(17) engage in any activities in breach of any applicable or governing laws and regulations, or in breach of any policies or rules of Heat Up or are detrimental to us and/or other users.
5. You acknowledge and agree that, you will not use the Service for sale or any other commercial purposes without our express consent. If you wish to use the Service for commercial purposes, you are requested to give a written notice to us and obtain our official authorization in written.
6. You agree that you will be responsible for your actions during your use of the Service, including but not limited to, making direct compensations to the infringed parties, and/or fully indemnifying our losses in the event that we have assumed administrative penalties or infringement damage compensation due to your actions. Any breach of the foregoing, we may in our sole discretion, immediately suspend or terminate your access to the Service in part or in whole, inclusive of freezing or cancelling your access to the account and/or deleting your user content etc.
7. You acknowledge and agree that, we may, at the requests of the competent authorities, provide the necessary information submitted by you or stored on servers of Heat Up during your use of the Service to such authorities. Subject to our preliminary assessments, if you are suspected of infringing the legitimate rights and interests of others, we may provide the relevant right-holders with your necessary information as aforementioned.
8. You acknowledge that, the Service only provide with you a platform and the neutral IT services for online social, finding friends and sharing views. Any other devices (e.g. PC, mobile phones and devices for connecting Internet or network) related to the Services and the costs thereof (e.g. telephone bills, fees for internet connection or charges for mobile network) will be borne by you.
9. You acknowledge that we may deliver commercial advertisements and other commercial information in various manners amid the provision of the Service. You agree that we may provide such information to you by sending push, private messages or by other means.
10. Unless otherwise expressly stated herein, all new products, new functions and new services launched by Heat Up shall be governed by the Terms.
Data
1. Unless otherwise certified, data stored on the servers of Heat Up will be considered as the sole evidence to verify your use of the Service.
Ownership and Intellectual Property Rights
1. We provide with you through the Service Heat Up’s software, technology, program, web page, text, picture, image, audio, video, chart, interface design, layout frame, icon, etc. And the ownership and intellectual property rights (including but not limited to copyright, trademark and patent) in and to the Service and all content displayed on Heat Up (including but not limited to trademarks, logo, marks, Apps, source code, programming interface, webpage, text, images, audios, videos, charts, and all scripts as well as materials that are available to you for your use of the Service on our platform) belong to Heat Up or other right-holders. Unless otherwise agreed herein, without our written consent, you agree not to use, modify, reproduce, distribute, alter, disseminate, or publish the content aforementioned, failing which you are responsible for indemnifying us or other right-holders for all losses resulted therefrom.
2. Without our prior written consent, you may not, under any circumstances, use any of our trademarks, service marks, trade names, domain names, website names or other distinctive brand features (such as “Heat Up”, collectively, the "Logos") of us or our affiliates. Without our prior written consent, you may not display, use, apply for trademark registration, or register a domain name with the Logos, either alone or in combination with other contents, or express or imply to others that you have the right to do so. You shall bear all legal responsibilities for the losses caused to us or others by your violation of the above-mentioned terms.
3. You acknowledge that you have the full rights to upload and post the relevant content (including but not limited to text, images, audios, videos, or performances, music, sounds or conversations contained in the audios/videos) on Heat Up. In the event that the content uploaded or posted on Heat Up by you involve the interests or intellectual property rights of any third party, you warrant that you have obtained legal authorization from the relevant right-holders before uploading or posting such content. You further warrant that you do not enter into any agreements restraining you from performing your obligations hereunder.
4. You hereby grant us a worldwide, permanent, non-exclusive, irrevocable, royalty-free and sublicensable right to use, copy, release, publish, link to, test, publicly transmit, make available, solely or jointly with our cooperation partners to promote or use in other manners the content uploaded, posted, provided or created by you during the use of Service (including but not limited to text, images, pictures, audio, video recordings etc.) in Heat Up, and to use your real name, nickname, portrait, icon or any other text or graphics of similar nature in Heat Up or our promotional materials (including but not limited to webpages, printed materials and business documents etc.).
5. If you believe that your legitimate rights and interests have been infringed by any content uploaded on the platform, please send a notice to us in accordance with applicable rules of the platform. If we receive a notice of an alleged infringement with regard to the content uploaded by you, in order to protect the intellectual property rights of the lawful owner, we may, in our sole discretion, delete the alleged infringement content and to notify you as soon as possible so that you may work out a solution together with the lawful owner. You may send us a counter-notice; nonetheless it will not prejudice the measures we are going to take/have been taken in our own discretion.
6. By uploading, posting or transmitting User Generated Content on the platform, You agree to abide by the following restrictions:
(1) You must own the intellectual property rights to the User Generated Content in or through the Service, or have the right to grant the licenses set forth herein;
(2) the User Generated Content in or through the Service must not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity;
(3) the User Generated Content in or through the Service must not require Us to obtain any further licenses from any third party or pay any royalties, fees, compensations or other amounts, or provide any attribution to any third parties; and
(4) the User Generated Content in or through the Service must not result in a breach of any contract between You and a third party, nor will it be in violation of the Local Laws.
7. The person or entity who believes that its legitimate rights and interests have been infringed by the User Generated Content uploaded on the Platform, is entitled to send a notice to Us in accordance with the applicable rules of Heat Up. If We receive a notice of an alleged infringement with regard to the User Generated Content uploaded by You under your account, in order to protect the intellectual property rights of the lawful owner, We may, in Our sole discretion, delete the alleged infringement content and to notify You as soon as possible so that You may work out a solution together with the lawful owner. You may send Us a counter-notice; nonetheless it will not prejudice the measures We are going to take/have been taken in Our own discretion.
8. In the event of any concerns or complaints about possible violation of intellectual property rights, please contact us according to Article How to Contact Us hereunder, identifying with specificity the rights alleged to be violated and the accused product(s).
Privacy Policy
1. We are committed to respect users’ privacy and may collect, store, use, disclose and protect your personal information in accordance with our privacy policy. The detailed policy is available in Heat Up and we encourage you to read it carefully.
Punishment and Indemnity
1. You agree that we will have the rights to take one or more measures specified as blow to you if you:
(1) violate or breach any of your obligations specified in the Terms, or any existing or updated regulations, rules or notices published by us;
(2) provide or use unauthentic personal information to register your Heat Up account, or publish, post or provide false or illegal information in Heat Up;
(3) engage in any other conducts that may or will damage our reasonable interest or rights.
2. The measures we may take as mentioned above will include without limitation:
(1) suspend or terminate to provide with you the Service, either in part or in whole;
(2) delete the content posted, published or used by you that is illegal or violate any provisions of the Terms (including the updated rules, regulations or notices published by us) without prior notice to you;
(3) freeze, withdraw, or cancel your Heat Up account temporarily or perpetually;
(4) deduct or empty your virtual property under your account or related to you, either in part or in whole.
3. We will have the right to suspend and freeze your account and conduct investigation if we find your virtual properties in your account (including but not limited to virtual gifts, virtual props, virtual coins and other property rights and interests) are abnormal. Your virtual properties will face the expropriation if your violation is determined by us after our investigation, and we will have the right to ban your account in case the situation of your violation is serious. For clarity, the above mentioned abnormal virtual properties include but not limited to recharged money from channels not recognized or approved by us, profits earned by using our system bugs, loopholes or plug-ins, assets increased from other improper or dishonest means, etc.
4. You shall be responsible and liable for all actions and conducts under your Heat Up account. Further you shall indemnify any and all losses, damages, compensations, expenses, penalties, legal fee, arbitration fee, and attorney's fee claimed by third parties against us and/or our affiliates arising from your violation or breach of any provisions of the Terms, agreements with us, or other rules, regulations or notices published by us.
Disclaimer
1. Heat Up is a social platform for strangers. The content or information posted by users does not represent our opinions, positions or policies. We make no warranty to the accuracy, reliability, integrity, legitimacy and validity to the content or information accessed by you in the course of using the Service. You acknowledge that, you may be exposed to unpleasant content when using the Service. You agree to make your own judgment on the content, and we will not bear any liability for any damages suffered by you due to your reliance on such content. You agree to negotiate and settle any disputes and/or losses which arise or may arise between you and other users or between you and other right-holders in connection with the use of the relevant content or information, and to bear liability thereof and in no event will we be held liable for any such disputes or losses.
2. Please pay attention to your surroundings and ensure your personal safety in the course of using the Service. You agree that in no event we would be held liable for any personal injury or property damage incurred by you (to you or to any third party) during your use of the Services.
3. Except this Terms, you may be advised to comply with other agreements with third parties and their related regulations when using the software and services provided by such parties in or based on Heat Up. You will be responsible and liable to resolve any disputes with such parties (if any), compensate their loss or damages arising from your above violation, as well as to indemnify us against any loss, damages, and compensations occurring upon us and/or our affiliates resulting from your above violation.
Notice
1. All notices to be given to you hereunder may be sent by our announcements, in-station messages, pop-up messages, push (collectively “Announcements”), or delivered by e-mails, mobile phone short messages (collectively “Messages”) according to your contact information provided by you. And notices given by Announcements shall be deemed to have been served upon publication or delivery, well notices given by Messages shall be deemed to have been served upon successful delivery.
General Terms
1. Force majeure: we will not be liable for any damages or losses caused by force majeure. For the purpose hereof, force majeure includes Acts of God, change of laws and regulations or government orders, specific reasons due to the features of internet services, such as malfunctions attributable to the domestic and/or foreign basic telecommunication operators, technical defects related to computers or the Internet, limitation of Internet coverage, computer virus, hacking and other unforeseeable, unavoidable and insurmountable circumstances to the extent as permitted by laws and regulations.
2. Change, suspension, interruption and termination of the Service: we have the right to change, suspend, interrupt or terminate the Service subject to the following purposes: implementing our business decisions; enforcing the orders of administrative/judicial authorities; protecting the safety of the Services; maintaining other users’ proper use of the Service and data security; responding to the alleged infringement raised by others; or based on our own judgment, we suspect that your action constitutes violation against the Terms or rules of use as published from time to time, or against the laws and regulations. Such being the case, we have the right to change, suspend, interrupt or terminate the Services provided to you, and shall have the right to immediately delete all content of you without assuming any liability to you or any third party.
3. Governing Law: The Terms shall be governed by the laws of Hong Kong, the Special Administrative Region of the People’s Republic of China (“HK”), without regard to principles of conflict of laws. In case of any conflicts between any content hereof and the governing law, the provisions of laws of HK shall prevail. In such case, the content concerned shall be modified or reinterpreted in accordance with the provisions of the governing law, and the validity of the remaining part hereof shall remain unchanged. Any dispute arising from or in connection with these Terms shall be submitted to China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration in accordance with its rules for the time being in force. The language of the arbitration shall be English and the tribunal shall consist of three arbitrators. The arbitral award shall be final and binding on the parties.
4. The Terms shall come into effect from the date of publish and shall constitute the entire agreement between you and Heat Up.
5. Our non-exercise, delayed exercise and partial exercise of the rights we are entitled in accordance with the provisions of laws and the Terms shall not be deemed a waiver of such rights, and shall not prejudice our exercise of such rights in the future.
How to Contact Us
6. If you have any questions, comments or suggestions on our Terms or Services, please email to our customer service at neteasebae@gmail.com.cn .
Office address:1/F XIU PING COMM BLDG 104, JERVOIS ST SHEUNG WAN, HK