Azura's Adventure

AZURA’S ADVENTURE Mobile Application AND Website Terms of Use Last Updated September 04, 2019 (a) Agreement to Terms Use of this mobile application (the “Application”) and the http://www.azuracomic.com website as well as any other media form, media channel, mobile website related, linked or otherwise connected thereto (collectively, the “Site”) constitutes acceptance of these terms of use, as revised by the development team of the app and website Azura’s Adventure (hereafter Azura’s Adventure) from time to time (“Terms”) and a binding agreement between the user (“User”) and Azura’s Adventure governing the use of the Application and/or the Site. By downloading or installing this Application or using the Site, the User acknowledges and agrees to be bound by these Terms. If the User does not agree to these Terms, the User should uninstall this Application and/or discontinue using the Site immediately. (b) User License Subject to these Terms, Azura’s Adventure grants the User a personal, non‐exclusive, non‐transferable, limited and revocable license to use the Application and/or the Site for personal use only on an Apple iPhone, iPad or Android phones or tablets (each a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple and Android Terms and in accordance with these Terms (“User License”). Any use of the Application and/or the Site in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application and/or the Site (“Application and Site Content”) other than in accordance with these Terms is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application and Site unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply. (c) User Information and Privacy Azura’s Adventure cares about data privacy and security. Please review the Privacy Policy Statement from the login page of the Application and Site. By using the Application and/or the Site, User agrees to be bound by the Privacy Policy, which is incorporated into these Terms of Use. (d) Use of the Application and the Site (User Content) The Application allows the User to create, post, and link comments on Facebook/Twitter/Instagram (“User Content”) via the Application and/or the Site. The User grants to Azura’s Adventure a perpetual, royalty‐free licence to use, reproduce, publish and communicate any User Content, including a right to sublicense it to other parties (including posting on Azura’s Adventure’s social media accounts, including Facebook, Twitter and Instagram), in any format for the purpose of sharing it with other users of the Application and/or the Site and for Azura’s Adventure’s marketing and promotional purposes. (e) Acceptable Use The User agrees that his or her use of the Application and/or the Site, any Application and Site Content and User Content must comply with these Terms. In no event may the Application, and the Site, Application and Site Content or User Content be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful (c) uses technology or other means to access the Application and/or the Site, Azura’s Adventure’s Website, Application and Site Content or User Content that is not authorised by Azura’s Adventure; (d) attempts to introduce viruses or any other malicious or harmful computer code; (e) attempts to gain unauthorised access to Azura’s Adventure’s computer network or user accounts; (f) violates these Terms; (g) fails to comply with applicable third party terms (collectively “Acceptable Use”). Azura’s Adventure reserves the right, in its sole discretion, to terminate any User License, remove the Application and the Site Content or User Content or assert legal action with respect to Application Content or use of the Application and/or the Site and User Content that Azura’s Adventure reasonably believes is or might be in violation of these terms of Acceptable Use. (f) User Representations By using the Application and/or the Site, User represents and warrants that: (1) all registration information User submits will be true, accurate, current, and complete; (2) User will maintain the accuracy of such information and promptly update such registration information as necessary; (3) User has the legal capacity and User agrees to comply with these Terms of Use; (4) User is not a minor in the jurisdiction in which User resides, or if a minor, User has received parental permission to use the Application and/or the Site; (5) User will not access the Application and/or the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) User will not use the Application and/or the Site for any illegal or unauthorized purpose; and (7) User’s use of the Application and/or the Site will not violate any applicable law or regulation. If User provides any information that is untrue, inaccurate, not current, or incomplete, Azura’s Adventure has the right to suspend or terminate User’s account and refuse any and all current or future use of the Application and/or the Site (or any portion thereof). (g) User Registration User may be required to register with the Application and/or the Site. User agrees to keep your password confidential and will be responsible for all use of User’s account and password. Azura’s Adventure reserves the right to remove, reclaim, or change a username you select if Azura’s Adventure determines, at Azura’s Adventure’s sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. (h) Prohibited Activities User may not access or use the Application and/or the Site for any purpose other than that for which Azura’s Adventure makes the Application and/or the Site available. The Application and/or the Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Azura’s Adventure. User agrees not to: 1. Systematically retrieve data or other content from the Application and/or the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Azura’s Adventure. 2. Make any unauthorized use of the Application and/or the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretenses. 3. Circumvent, disable, or otherwise interfere with security-related features of the Application and the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Site and/or the Content contained therein. 4. Trick, defraud, or mislead Azura’s Adventure and other users, especially in any attempt to learn sensitive account information such as user passwords. 5. Make improper use of Azura’s Adventure’s support services or submit false reports of abuse or misconduct. 6. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 7. Interfere with, disrupt, or create an undue burden on the Application and/or the Site or the networks or services connected to the Application and/or the Site. 8. Attempt to impersonate another user or person or use the username of another user. 9. Use the Application and/or the Site to advertise or offer to sell goods and services. 10. Use a buying agent or purchasing agent to make purchases on the Application and/or the Site. 11. Engage in unauthorized framing of or linking to the Application and/or the Site. 12. Sell or otherwise transfer User’s profile. 13. Use any information obtained from the Application and/or the Site in order to harass, abuse, or harm another person. 14. Use the Application and/or the Site as part of any effort to compete with Azura’s Adventure or otherwise use the Application and/or the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application and/or the Site. 16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Application and/or the Site, or any portion of the Application and/or the Site. 17. Harass, annoy, intimidate, or threaten any of Azura’s Adventure’s employees or agents engaged in providing any portion of the Application and/or the Site to User. 18. Delete the copyright or other proprietary rights notice from any Content. 19. Copy or adapt the Application and/or the Site's software, including but not limited to PHP, HTML, JavaScript, or other code. 20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Application and/or the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application and/or the Site. 21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). 22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application and/or the Site, or using or launching any unauthorized script or other software. 23. Disparage, tarnish, or otherwise harm, in Azura’s Adventure’s opinion, Azura’s Adventure and/or the Application and the Site. 24. Use the Application and/or the Site in a manner inconsistent with any applicable laws or regulations. (i) User-Generated Contributions The Application and/or the Site may invite User to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide User with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application and/or the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and/or the Site and through third-party websites. As such, any Contributions User transmits may be treated as non-confidential and non-proprietary. When User creates or makes available any Contributions, User thereby represent and warrant that: 1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of User’s Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 2. User is the creator and owner of or has the necessary licenses, rights, consents, releases, and permissions to use and to authorize Azura’s Adventure, the Application and/or the Site, and other users of the Application and/or the Site to use User’s Contributions in any manner contemplated by the Site and these Terms of Use. 3. User has the written consent, release, and/or permission of each and every identifiable individual person in User’s Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of User’s Contributions in any manner contemplated by the Site and these Terms of Use. 4. User’s Contributions are not false, inaccurate, or misleading. 5. User’s Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 6. User’s Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Azura’s Adventure). 7. User’s Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 8. User’s Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. 9. User’s Contributions do not violate any applicable law, regulation, or rule. 10. User’s Contributions do not violate the privacy or publicity rights of any third party. 11. User’s Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. 12. User’s Contributions do not violate any Hong Kong law concerning child pornography, or otherwise intended to protect the health or well-being of minors; 13. User’s Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 14. User’s Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. (j) Contribution License By posting User’s Contributions to any part of the Application and/or the Site, User automatically grants, and User represents and warrant that User has the right to grant, to Azura’s Adventure an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, User’s image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes Azura’s Adventure’s use of User’s name as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images User provides. User waives all moral rights in User’s Contributions, and User warrant that moral rights have not otherwise been asserted in User’s Contributions. Azura’s Adventure does not assert any ownership over User’s Contributions. User retains full ownership of all of User’s Contributions and any intellectual property rights or other proprietary rights associated with User’s Contributions. Azura’s Adventure is not liable for any statements or representations in User’s Contributions provided by User in any area on the Application and the Site. User is solely responsible for User’s Contributions to the Application and/or the Site and User expressly agrees to exonerate Azura’s Adventure from any and all responsibility and to refrain from any legal action against Azura’s Adventure regarding User’s Contributions. Azura’s Adventure has the right, in Azura’s Adventure’s sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Application and/or the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. Azura’s Adventure has no obligation to monitor User’s Contributions. (k) Submissions User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application and/or the Site ("Submissions") provided by User to Azura’s Adventure are non-confidential and shall become Azura’s Adventure’s sole property. Azura’s Adventure shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to User. User hereby waives all moral rights to any such Submissions, and User hereby warrants that any such Submissions are original with User or that User has the right to submit such Submissions. Users agrees there shall be no recourse against Azura’s Adventure for any alleged or actual infringement or misappropriation of any proprietary right in his or her Submissions. (l) Guidelines for Reviews Azura’s Adventure may provide User areas on the Application and Site to leave reviews or ratings. When posting a review, User must comply with the following criteria: (1) User should have firsthand experience with the person/entity being reviewed; (2) User’s reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) User’s reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) User’s reviews should not contain references to illegal activity; (5) Users should not be affiliated with competitors if posting negative reviews; (6) User should not make any conclusions as to the legality of conduct; (7) User may not post any false or misleading statements; and (8) User may not organize a campaign encouraging others to post reviews, whether positive or negative. Azura’s Adventure may accept, reject, or remove reviews in Azura’s Adventure’s sole discretion. Azura’s Adventure has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by Azura’s Adventure, and do not necessarily represent Azura’s Adventure’s opinions or the views of any of Azura’s Adventure’s affiliates or partners. Azura’s Adventure does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, User hereby grants to Azura’s Adventure’s a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. (m) User Data Azura’s Adventure will maintain certain data that you transmit to the Application and/or the Site for the purpose of managing the performance of the Application and/or the Site, as well as data relating to User’s use of the Application and/or the Site. Although Azura’s Adventure perform regular routine backups of data, User is solely responsible for all data that User’s transmit or that relates to any activity User has undertaken using the Application and/or the Site. User agrees that Azura’s Adventure shall have no liability to User for any loss or corruption of any such data, and User hereby waives any right of action against Azura’s Adventure arising from any such loss or corruption of such data. (n) Electronic Communications and Signatures Visiting the Application and/or the Site, sending emails to Azura’s Adventure, and completing online forms constitute electronic communications. User consents to receive electronic communications, and User agrees that all agreements, notices, disclosures, and other communications to Azura’s Adventure provided to User electronically, via email and on the Application and/or the Site, satisfy any legal requirement that such communication be in writing. User hereby agrees to the use of electronic signatures and other records, and to electronic delivery of notices and policies, or completed by Azura’s Adventure or via the site. User hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. (o) Indemnification User agrees to defend, indemnify, and holds Azura’s Adventure’s harmless, including Azura’s Adventure’s subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) User’s contributions; (2) use of the Application and/or the Site; (3) breach of these Terms of Use; (4) any breach of User’s representations and warranties set forth in these Terms of Use; (5) User violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Application and/or the Site with whom User connected via the Application and/or the Site. Notwithstanding the foregoing, Azura’s Adventure reserve the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to indemnify Azura’s Adventure, and User agrees to cooperate, at User’s expense, with Azura’s Adventure’s defence of such claims. Azura’s Adventure will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. (p) Corrections There may be information on the Application and/or the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Azura’s Adventure reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application and/or the Site at any time, without prior notice. (q) Marks, Application and Content Azura’s Adventure, the Azura’s Adventure logo, and other Azura’s Adventure trademarks, service marks, graphics and logos used in connection with the Application and/or the Site are trademarks or registered trademarks of Azura’s Adventure (collectively “Azura’s Adventure Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Azura’s Adventure Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Azura’s Adventure or the applicable trademark holder. (r) Governing Law and Jurisdiction These Terms are governed by the laws of Hong Kong and each party agrees to submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any matter arising from the use of the Application and/or the Site or these Terms. (s) Changes Azura’s Adventure reserves the right to change or modify these Terms or any other Azura’s Adventure’s policies related to use of the Application and/or the Site at any time and at its sole discretion by posting revisions on the Azura’s Adventure Website. Continued use of the Application and/or the Site following the posting of these changes or modifications will constitute acceptance of such changes or modifications. (t) Term and Termination These Terms of Use shall remain in full force and effect while User uses the Application and/or the Site. Without limiting any other provision of these terms of use, Azura’s Adventure reserves the right to, in Azura’s Adventure’s sole discretion and without notice or liability, deny access to and use of the Application and/or the Site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. Azura’s Adventure may terminate User’s use or participation in the Application and/or the Site or delete User’s account and any content or information that User posted at any time, without warning, at Azura’s Adventure’s sole discretion. If Azura’s Adventure terminates or suspends User’s account for any reason, User is prohibited from registering and creating a new account under User’s name, a fake or borrowed name, or the name of any third party, even if User may be acting on behalf of the third party. In addition to terminating or suspending User’s account, Azura’s Adventure reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. (u) Modifications and Interruptions Azura’s Adventure reserves the right to change, modify, or remove the contents of the Application and/or the Site at any time or for any reason at Azura’s Adventure’s sole discretion without notice. However, Azura’s Adventure has no obligation to update any information on the Application and/or the Site. Azura’s Adventure also reserves the right to modify or discontinue all or part of the site without notice at any time. Azura’s Adventure will not be liable to User or any third party for any modification, price change, suspension, or discontinuance of the Application and/or the Site. Azura’s Adventure cannot guarantee the site will be available at all times. Azura’s Adventure may experience hardware, software, or other problems or need to perform maintenance related to the Application and/or the Site, resulting in interruptions, delays, or errors. Azura’s Adventure reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Application and/or the Site at any time or for any reason without notice to User. User agrees that Azura’s Adventure has no liability whatsoever for any loss, damage, or inconvenience caused by User’s inability to access or use the Application and/or the Site during any downtime or discontinuance of the Application and/or the Site. Nothing in these terms of use will be construed to obligate Azura’s Adventure to maintain and support the Application and/or the Site or to supply any corrections, updates, or releases in connection therewith. (v) Application and Site Management Azura’s Adventure reserves the right, but not the obligation, to: (1) monitor the Application and/or the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in Azura’s Adventure’s sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities; (3) at Azura’s Adventure’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any User’s Contribution or any portion thereof; (4) at Azura’s Adventure’s sole discretion and without limitation, notice, or liability, to remove from the Application and/or the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Azura’s Adventure’s systems; and (5) otherwise manage the Application and/or the Site in a manner designed to protect Azura’s Adventure’s rights and property and to facilitate the proper functioning of the Application and/or the Site. (w) Disclaimer and Liability The Application and/or the Site are provided on an as-is and as-available basis. User agrees that his or her use of the Application and/or the Site and Azura’s Adventure’s services will be at User’s sole risk. To the fullest extent permitted by law, Azura’s Adventure disclaim all warranties, express or implied, in connection with the site and User’s use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Azura’s Adventure makes no warranties or representations about the accuracy or completeness of the Application and/or the Site Content or the content of any websites linked to the site and Azura’s Adventure will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from User accesses to and uses of the Application and/or the Site, (3) any unauthorized access to or use of Azura’s Adventure’s secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Application and/or the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Application and/or the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Application and/or the Site. User does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Application and/or the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and Azura’s Adventure will not be a party to or in any way be responsible for monitoring any transaction between User and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, User should use his or her best judgment and exercise caution where appropriate. To the extent permitted by law, all warranties in respect of the Application and/or the Site, whether express, implied, statutory or otherwise, are excluded. To the extent such warranties cannot be excluded by law but liability can lawfully be limited, liability is limited at Azura’s Adventure’s option to replacing the Application and or the cost of replacing the Application or acquiring an equivalent item. (x) Miscellaneous These Terms of Use and any policies or operating rules posted by Azura’s Adventure on the Site or in respect to the Site constitute the entire agreement and understanding between User and Azura’s Adventure. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. Azura’s Adventure may assign any or all of our rights and obligations to others at any time. Azura’s Adventure shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between User and Azura’s Adventure as a result of these Terms of Use or use of the Site. User agrees that these Terms of Use will not be construed against Azura’s Adventure by virtue of having drafted them. User hereby waives any and all defences User may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. (y) Contact Us Any questions, complaints or claims regarding the Application and/or the Site should be directed to azuracomic@gmail.com Done