Terms of Service
NFT: Non Fungible Token
Qualified Educational Institution: means a public or private school, tutorial or learning center that has been accredited by an authorized governmental agency within its applicable level and has the primary purpose of teaching its enrolled students.
Ricciwawa Content: all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto that are either owned or licensed by Makebell,
User: A user is anyone who access the Services. Users include, but are not limited to:
Educators include, but is not limited to, teachers, tutors, teaching assistants, professors, lecturers, teaching at a Qualified Educational Institution. Educators can create accounts for their students on an individual or as a group (i.e. a ‘Team’)
Parents or Guardians who can create accounts for children under 13 and can create Teams with their children
Students
Subscribers: anyone who accesses Creator content on either a paid or unpaid basis, and/or
Creators: anyone who creates Content on the Platform to engage with
The above designations are not mutually exclusive, for example a Parent can also be a Creator.
Welcome to Ricciwawa (the “Platform”), which is provided by Makebell Ltd.
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
By accessing or using our Services, you confirm that you can form a binding contract with Makebell, that you accept these Terms and that you agree to comply with them.
You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement and that your access to and use of our Services is also subject to our:
Intellectual Property Policy
Creator’s Agreement (if you are a Creator) and
Any applicable Supplemental Agreements.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
To access or use some of our Services, you must create an account with us.
When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
To create an account you affirm that you have not been previously suspended or removed from the Services and are:
Fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms
At least 13 years old or have your Parent’s Guardian’s or an Educator’s permission. If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Services. Please have them read these Terms with you.
If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Services, you are subject to the Terms and are responsible for your child’s activity on the Services
If you are an Educator allowing your students to use the Services, you are subject to the Terms and are responsible for informing your students’ parents you have provided their children with access to the Services
If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account.
To be a Creator, you must be at least 18 years old or have your Parent’s Guardian’s or an Educator’s permission.
No joint venture: You also acknowledge and agree that you are not a joint venture of Makebell Limited, and you do not have any authority of any kind to bind us in any respect whatsoever.
No conflict of interest: You also acknowledge and agree that you are not an employee, agent, or partner of Makebell Limited, and you do not have any authority of any kind to bind us in any respect whatsoever.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
As a safety precaution Educators may be asked to provide us with proof of their teaching certification and employment at a school.
In addition to these Terms of Use, if you are an Educator using Ricciwawa, you acknowledge and agree that:
You, or the educational institution you work for, will obtain any necessary parent or guardian consent for a student to use Ricciwawa prior to inviting a student to use Ricciwawa in accordance with applicable laws
You will only use, and only permit your students to use Ricciwawa(and all content and media incorporated therein) for educational purposes;
The Term of a Ricciwawa account for an Educator will start on the date access is granted and end on the earliest of:
Three (3) years thereafter;
The date when you no longer qualify as an Educator
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: info@ricciwawa.com.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
You must immediately notify us of any unauthorized uses of your account or any other breaches of security. Makebell will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
As a user, you can help prevent unauthorized access to your account and information by choosing a strong and unique password which is stored in a password manager. If you have any questions about the security of your personal information, you can contact us at info@ricciwawa.com.
If you are a security expert or researcher and you believe that you have discovered a security-related issue with the Services, we appreciate your help in disclosing the issue to us responsibly.
Please refer to the Creator Agreement for additional terms applicable to Creators
Anyone can become a Subscriber to one or more Creator(s).
To pay for Creator content provided on a fee basis, simply add your preferred payment method.
We are not required to allow you to be a Subscriber of any particular Creator. Creators’ memberships vary and we have limited control over the quality and specific offerings.
We attempt to screen for fraudulent Creator content, but cannot guarantee the identity of Creators or the validity of any claims they make. We appreciate your help reporting suspicious Creator pages so we can keep the Services safe.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms or our Community Guidelines, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, violate any applicable laws or regulations.
Makebell reserves the right to terminate, suspend or restrict your access to any Account(s) if there is reasonable suspicion by us that the person logged into your Account(s) is not you or if we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstances shall Makebell or indemnified persons in accordance with these Terms be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity due to any such termination, suspension or restriction of access to any Account(s).
If you no longer want to use our Services again, and would like your account deleted, contact us at: info@ricciwawa.com. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations.
Please do not engage in any behavior that endangers the security of our website and users. Below are some examples of things you should not do on the Platform or Services.
Illegal Activities – do not break the law or encourage others to break the law.
Service Degradation – do not degrade others’ use of the Services or do any kind of brute force or load testing.
You may not access or use the Services or the Platform if you are not fully able and legally competent to agree to these Terms or lack permission from a Parent, Guardian or Educator.
You may not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof.
You may not distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof.
You may not:
Market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
Use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
Incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion.
You may not interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services.
You may not use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews.
You may not crawl, scrape or otherwise index information on the Platform or made available through the Services or use automated scripts to collect information from or otherwise interact with the Services without our prior written permission.
You may not:
Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
Use or attempt to use another’s account, service or system without authorisation from Makebell, or create a false identity on the Services.
You may not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way:
Files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful
Any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation
Any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g. passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person
Any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
Material that, in the sole judgment of Makebell, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Makebell, the Services or its users to any harm or liability of any type.
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.
Certain portions of the Services may allow you to create or contribute to group accounts (“Team”). Access to a Team will be made available only to those Users who are authorized by the Controller of the Team (“Team Owner”). The Team Owner will be responsible for adding Users to the Team, for managing permissions for authorized Users, and otherwise for managing the account as set forth in this Agreement.
The Team Owner may contact Makebell to assign a new Team Owner. Makebell will act on the directions of the Team Owner with respect to any re-assignment of ownership and the deletion and retention of Content within the Team.
In some countries, you may be eligible to order prints of Creator or other Ricciwawa Content as part of the Services subject to these terms (“Print Services”), and may also be subject to the print partner’s terms (if noted when placing your order).
Makebell may engage third party supplies who will be responsible for completing your Print Services order once you submit a print order using the Service. We do not control these third party suppliers and your order may, from time to time, be affected by circumstances outside of Makebell’s control. If you experience any issues, please contact us at info@ricciwawa.com. Please do not provide our third party suppliers with your personal information at any time.
You may order prints of Creator or other Ricciwawa Content at your own cost. Unfortunately, we cannot guarantee delivery times for Print Services orders. If we provide you with a delivery time, it is an estimate only and we are not responsible or liable for any delays with shipping. You agree to hold harmless Makebell and its third party suppliers for any loss, cost or expense that you incur in connection with your use of our Print Services.
By printing Creator or other Ricciwawa Content using our Print Services, you agree to take steps to verify that the Creator or other Ricciwawa Content does not contain or consist of anything that is prohibited under these terms, the print partner’s terms (if applicable) or is otherwise unlawful. You agree that this is not the responsibility of Makebell or its third party suppliers, despite Makebell and its third party suppliers having the right to refuse your order (which is a right you acknowledge).
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights in accordance with our Intellectual Property Policy. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights
Makebell takes privacy very seriously. If you store personal or sensitive information provided by or collected from Ricciwawa users, you must do so securely and only for as long as it is needed.
You may not collect from a user via the Services or Platform or any other method any information -- personally identifiable or not -- beyond what Makebell is permitted to collect from a user under its own Privacy Policy.
You are solely responsible for complying with any laws and regulations that apply to user information.
Consistent with our Privacy Policy, we collect certain data on how Subscribers engage with Creator content. We may share, at our sole discretion, some of this information with you. You agree that Makebell is under no obligation to share this data with you.
You agree to defend, indemnify, and hold harmless Makebell, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
As between you and Makebell, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Ricciwawa Content”), are either owned or licensed by Makebell, it being understood that you or your licensors will own any Content (as defined below) you upload or transmit through the Services. Use of the Ricciwawa Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any Content within the Services or on any third party service (e.g., you cannot claim Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sub licensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Ricciwawa Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Makebell reserves all rights not expressly granted herein in the Services and the Ricciwawa Content. You acknowledge and agree that Makebell may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Ricciwawa Content (including Content from Creators) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including Content from Creators).
Users create their Content by entering or scanning text and adding additional elements including but not limited to text, photographs, user videos, sound recordings or musical works. Users may also overlay music, graphics, stickers, and other elements provided by Makebell or Ricciwawa (“Ricciwawa or Makebell elements”) onto this Content and transmit this Content through the services.
A User’s Content may incorporate ambient noise.
Users of the services may also extract all or any portion of Content created by another user to produce additional Content, including collaborative Content with other users that combine and intersperse Content generated by more than one user.
The information and materials in the Content, including Content that incorporates Ricciwawa or Makebell elements, is not been verified or approved by us. The views expressed by other users on the services (including through use of the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit Content through the services or to make contact with other users of the services, you must comply with the standards set out in these terms.
You may also choose to upload or transmit your Content, images or recordings of your Content on sites or platforms hosted by third parties. if you decide to do this, you must comply with their content guidelines as well as with the standards set out in these Terms.
You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any Content will be considered non-confidential and non-proprietary.
You must not post any Content on or through the services or transmit to us any Content that you consider to be confidential or proprietary.
When you submit Content through the services, you agree and represent that you own that Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the Content to submit it to the services, to transmit it from the services to other third party platforms, and/or adopt any third party Content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not incorporate such sound recordings in Content you post to the services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the Content to submit it to the services
You or the owner of your Content still own the copyright in Content sent to us, but by submitting Content via the services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your Content.
All of the rights you grant in your Content in these terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for Content posted or used on such third party service via the services.
T.8.2.7 Waiver of rights to Content.
By submitting Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Content, or any portion thereof.
To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our services constitutes a violation of their intellectual property rights, or of their right to privacy.
Makebell takes reasonable measures to expeditiously remove from our services any infringing material that we become aware of. It is Makebell’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the services who repeatedly infringe copyrights or intellectual property rights of others
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your Content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our services if, in our opinion, your post does not comply with the Content standards set out at “your access to and use of our services” above.
In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any Content (i) that we consider to violate these terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. as a result, we recommend that you save copies of any Content that you post to the services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such Content. we do not guarantee the accuracy, integrity, appropriateness or quality of any Content, and under no circumstances will we be liable in any way for any Content.
You control whether your Content is made publicly available on the services to all other users of the services or only available to people you approve.
We accept no liability in respect of any Content submitted by users and published by us or by authorised third parties.
if you find inappropriate Content that violates our community guidelines or have any other issues you'd like to raise, you can notify us at info@ricciwawa.com.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, Content, refinements, technologies, Content offerings (such as audio, visual, games, or other types of Content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. accordingly, by sending feedback to us, you agree that:
Makebell has no obligation to review, consider, or implement your feedback, or to return to you all or part of any feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody feedback, whether in whole or in part, and whether as provided or as modified.
Nothing in these terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.
The services are provided “as is” and we make no warranty or representation to you with respect to them. in particular we do not represent or warrant to you that:
Your use of the services will meet your requirements;
Your use of the services will be uninterrupted, timely, secure or free from error;
Any information obtained by you as a result of your use of the services will be accurate or reliable; and
Defects in the operation or functionality of any software provided to you as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of our platform for business and operational reasons at any time without notice.
We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with Ricciwawa. Accordingly,
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO MAKEBELL WITHIN THE LAST 12 MONTHS.
ANY LOSS OR DAMAGE:
ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, the Service OR ANY MATERIALS OR CONTENT ON the Service,
OR WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
a. Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of Hong Kong.
b. Arbitration: Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre ("HKIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
c. Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms.
c. Entire Agreement. These Terms (including the Privacy Policy and the Intellectual Property Policy) constitute the whole legal agreement between you and Makebell and govern your use of the Services and completely replace any prior agreements between you and Makebell in relation to the Services.
d. Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.
e. Age Limit. The Services are only for people 13 years old and over By using the Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account.
f. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
g. Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
h. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
i. Survival: You agree that the terms under the heading “Privacy”, “Acceptable Use”, “Indemnity”, “Exclusion of Warranties”, “Limitation of Liability”, “No Joint Venture”, “Severability”, “Arbitration”, and “Entire Agreement”, and any payment obligations incurred shall survive termination of this Agreement.
.j. Inclusion: In these terms, “include” or “including” means “including but not limited to,j” and any examples we give are for illustrative purposes.
k. Questions? Contact us at: info@ricciwawa.com