Terms of Service
1. YOUR RELATIONSHIP WITH WuCai Highlight
1.1 Your use of the WuCai Highlight apps and website and any WuCai Highlight products, software, data feeds and services (collectively the “Service”) is subject to the terms of a legal agreement between you and WuCai Highlight.
1.2 Your legal agreement with WuCai Highlight is made up of (A) the terms and conditions set out in this document, WuCai Highlight’s Privacy Policy (collectively called the “Terms”).
1.3 The Terms form a legally binding agreement between you and WuCai Highlight in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the webpage with highlights, text, data of highlights, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. ACCEPTING THE TERMS
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that WuCai Highlight will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with WuCai Highlight and are not above age of 13, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. CHANGES TO THE TERMS
WuCai Highlight reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted at /terms-and-privacy or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. WuCai Highlight ACCOUNTS
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a WuCai Highlight account. When creating your account, you must provide accurate and complete information. It is important that you must keep your WuCai Highlight account password secure and confidential.
4.2 You must notify WuCai Highlight immediately of any breach of security or unauthorised use of your WuCai Highlight account that you become aware of.
4.3 You agree that you will be solely responsible (to WuCai Highlight, and to others) for all activity that occurs under your WuCai Highlight account.
5. GENERAL RESTRICTIONS ON USE
5.1 WuCai Highlight hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A. You agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without WuCai Highlight’s prior written authorisation, unless WuCai Highlight makes available the means for such distribution through functionality offered by the Service (such as the WuCai Highlight sharing feature);
B. You agree not to alter or modify any part of the Website or any of the Service (including but not limited to the WuCai Highlight and its related technologies);
C. You agree not to access Content through any technology or means other than the webpages of the Website itself, the WuCai Highlight, or such other means as WuCai Highlight may explicitly designate for this purpose;
D. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
E. You agree not to use the Service (including the WuCai Highlight) for any of the following commercial uses unless you obtain WuCai Highlight’s prior written approval:
F. You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the WuCai Highlight servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
G. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of WuCai Highlight or the respective licensors of the Content.
5.2 You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Service.
5.3 WuCai Highlight is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which WuCai Highlight provides may change from time to time without prior notice to you.
5.4 As part of this continuing innovation, you acknowledge and agree that WuCai Highlight may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at WuCai Highlight’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform WuCai Highlight when you stop using the Service.
5.5 You agree that you are solely responsible for (and that WuCai Highlight has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which WuCai Highlight may suffer) of any such breach.
6. COPYRIGHT POLICY
6.1 WuCai Highlight operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.
6.2 As part of WuCai Highlight’s copyright policy, WuCai Highlight will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7. CONTENT
7.1 Content stands for the information of highlighted position and annotation which you created in certain webpage (collectively the “Content”). As a WuCai Highlight account holder you may submit Content.
7.2 You retain all of your ownership rights in your Content(highlights).
7.3 You understand and agree that you are solely responsible for your own Content. WuCai Highlight does not endorse any Content or any opinion, recommendation, or advice expressed therein, and WuCai Highlight expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable WuCai Highlight to use your Content for the purposes of the provision of the Service by WuCai Highlight, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for WuCai Highlight to use or possess in connection with the provision of the Service.
7.6 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant WuCai Highlight the license referred to in paragraph 8.1 below.
7.7 On becoming aware of any potential violation of these Terms, WuCai Highlight reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.8 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WuCai Highlight with respect to any such Content.
9. WuCai Highlight CONTENT ON THE WEBSITE
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to WuCai Highlight, and is subject to copyright, trade mark rights, and other intellectual property rights of WuCai Highlight or WuCai Highlight’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of WuCai Highlight or, where applicable, WuCai Highlight’s licensors. WuCai Highlight and its licensors reserve all rights not expressly granted in and to their Content.
10. LINKS FROM WuCai Highlight
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by WuCai Highlight. WuCai Highlight has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that WuCai Highlight is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that WuCai Highlight is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10.4 WuCai Highlight encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
11. ENDING YOUR RELATIONSHIP WITH WuCai Highlight
11.1 The Terms will continue to apply until terminated by either you or WuCai Highlight as set out below.
11.2 If you want to terminate your legal agreement with WuCai Highlight, you may do so by (a) notifying WuCai Highlight at any time and (b) closing your WuCai Highlight account. Should you wish to delete your account, you may email WuCai Highlightapp (at) 163.com to request the deletion of your account. Please send us the request from the email account associated with your WuCai Highlight user. We will thereafter aim to delete your account within 7 days, and at the latest before 30 days. You will also have access to deleting your account in the WuCai Highlight software settings.
11.3 WuCai Highlight may at any time terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. WuCai Highlight is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.4 WuCai Highlight may terminate its legal agreement with you if:
A. WuCai Highlight is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
B. the provision of the Service to you by WuCai Highlight is, in WuCai Highlight’s opinion, no longer commercially viable and in the case of each of A and B of this clause
11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and WuCai Highlight have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided “as is” and WuCai Highlight makes no warranty or representation to you with respect to them.
12.3 In particular WuCai Highlight does not represent or warrant to you that:
A. Your use of the Service will meet your requirements,
B. Your use of the Service will be uninterrupted, timely, secure or free from error,
C. Any information obtained by you as a result of your use of the Service will be accurate or reliable, and
D. That defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. LIMITATION OF LIABILITY
13.1 Nothing in these Terms shall exclude or limit WuCai Highlight’s liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above WuCai Highlight shall not be liable to you for:
A. Any indirect or consequential losses which may be incurred by you. This shall include;
- (i) any loss of profit (whether incurred directly or indirectly);
- (ii) any loss of goodwill or business reputation;
- (iii) any loss of opportunity;
- or (iv) any loss of data suffered by you;
B. Any loss or damage which may be incurred by you as a result of:
i. 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;
ii. Any changes which WuCai Highlight may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii. 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 Service;
iv. Your failure to provide WuCai Highlight with accurate account information;
v. Your failure to keep your password or WuCai Highlight account details secure and confidential.
13.3 The limitations on WuCai Highlight’s liability to you in paragraph 13.2 above shall apply whether or not WuCai Highlight has been advised of or should have been aware of the possibility of any such losses arising.
14. PAYMENTS
14.1 In connection with your requested purchasing, you will be asked to provide customary billing information such as name, billing address, and credit card information third-party payment processor, Stripe. You agree to pay WuCai Highlight Payments for any confirmed purchasing made in connection with your WuCai Highlight Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by Stripe. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting purchase via a third-party online payment processor, Stripe.
14.2 You hereby agree that the paid subscription is automatically renewed at the end of the initial paid term (one month or one year, depending on your plan). The renewal will be processed with the credit card information you entered for your first subscription. If you used a Promo code to enjoy the premium plan for the first term at a discounted price, you will be automatically renewed for the subsequent term at the regular price. Should you want to stop using our premium plan and return to the free version after the first term, you will have to manually cancel the subscription.
14.3 Regardless of the type of paid subscription, WuCai Highlight offers a 14 days money-back guarantee for the initial subscription. You can request a refund during the 14 days period by contacting WuCai Highlight support. You hereby confirm your understanding that this refund is only applicable to your initial paid subscription and not for the subsequent renewals of your subscriptions.
15. GENERAL LEGAL TERMS
15.1 The Terms constitute the whole legal agreement between you and WuCai Highlight and govern your use of the Service and completely replace any prior agreements between you and WuCai Highlight in relation to the Service.
15.2 You agree that WuCai Highlight may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
15.3 You agree that if WuCai Highlight does not exercise or enforce any legal right or remedy which is contained in the Terms (or which WuCai Highlight has the benefit of under any applicable law), this will not be taken to be a formal waiver of WuCai Highlight’s rights and that those rights or remedies will still be available to WuCai Highlight.
15.4 If any court of law, having the 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. The remaining provisions of the Terms will continue to be valid and enforceable.
15.5 You acknowledge and agree that each member of the group of companies of which WuCai Highlight is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.