Terms of Service
YOU SHOULD READ ALL THE TERMS CAREFULLY BEFORE BEGINNING TO VISIT, USE OR ACCESS OUR SERVICES. BY VISITING, USING OR ACCESSING OUR SERVICES, ALL THE TERMS AND CONDITIONS BELOW BECOMES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.
BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE OF MAJORITY IN YOUR JURISDICTION AND YOU UNDERSTAND AND CONSENT TO ENTERING INTO THIS AGREEMENT ELECTRONICALLY AND TO THE STORAGE OF RECORDS RELATED TO THIS AGREEMENT IN ELECTRONIC FORM.
IF YOU ARE A MINOR, YOUR PARENT OR YOUR LEGAL GUARDIAN MUST READ AND CONSENT TO THIS AGREEMENT AND AGREES TO TAKE RESPONSIBILITY FOR ALL YOUR ACTIVITIES IN VISITNG, USING OR ACCESSING OUR SERVICES. ACCESS TO OUR SERVICES ARE NOT INTENDED FOR INDIVIDUALS LOCATED IN MAINLAND CHINA (INCLUDING HONG KONG SPECIAL ADMINISTRATIVE REGION AND MACAU SPECIAL ADMINISTRATIVE REGION). BY ACCESSING OUR SERVICES, YOU CONFIRM THAT YOU ARE NOT LOCATED IN MAINLAND CHINA AND DO NOT INTEND TO USE OUR SERVICES FROM THAT LOCATION. IF YOU ARE LOCATED IN MAINLAND CHINA, YOU MUST REFRAIN FROM ACCESSING OR USING OUR SERVICES.
Section 1. Terms of Service/Agreement
1.1) By visiting, using or accessing our Services, this Agreement (which shall include all Terms of Services, Privacy Policy and Game Rules and Regulations) is entered into by and between such general user (referring to any individual or legal entity who/which accesses or visits our Services who has not been registered as our member (“User”, “Guest” or “you”) or our registered member (“Member” or “you”)) and De Stijl Technology Network International Company Limited (referred to as "De Stijl", “the Company”, "we", "us" or "our") in relation to all our services and products including without limitation to all De Stijl applications and other game related applications and features of all types including all Virtual Goods, products and services ("Application” or "Applications”), all De Stijl websites with all related features, products and services (“Websites”), all online and offline games together with all related services, products and features ("Games"), all distribution and marketing platforms, online or offline communities or social networks or platforms and programs in connection with Websites, Games, Applications and/or De Stijl (“Programs”) (all Applications, Websites, Games, Programs as well as all types of products (including merchandise, vouchers, products and gifts of all types), links, newsletters, information, software, resources, services, or those provided and offered in any media format or through any media channel by De Stijl or its collaboration partner(s) that may be added, offered or provided to you from time to time (all are collectively referred to as the "Services").
1.2) When you access or visit or use any of our Services including accessing and/or playing any Games, you are deemed to have understood and agreed to all provisions in this Agreement, and you acknowledge and agree to fully and duly comply with all provisions set out in the Agreement and subject to any posted guidelines or rules applicable to such Services including all Games Rules and Regulations which may be posted from time to time.
1.3) You should periodically check for any updates to this Agreement. De Stijl reserves all rights to modify, amend, supplement or correct any part of this Agreement and its associated policies at its discretion, at any time by posting the relevant amended terms in any part of our Services including Games, Applications, Websites and relevant platforms. Your continued access and/or use of our Services shall be deemed as your acceptance of such amendments, modification and the updated/revised Agreement.
1.4) In addition, particular services and products added, offered or provided to you through any of Services may be subject to additional guidelines and/or rules. In such an event, all such guidelines and/or rules shall be deemed incorporated in this Agreement by reference. You must comply with all current versions of rules, guidelines, codes of conduct or instructions specified in any De Stijl Services including our Game Rules and Regulations as maybe updated and amended from time to time.
1.5) To use and access to any part of our Services, you must be eligible to use the relevant social media platforms and your use must be in compliance with the provisions determined by such social media platforms (under the relevant platforms’ prevailing terms and conditions).
1.6) If you are under 18 years old or otherwise regarded as a minor in your jurisdiction (“Child”), your legal guardian should read, understand, and agree to this Agreement and any modifications before using our Service. Additionally, you should obtain consent from your legal guardian to use and register for our Service. By using our Service or accessing De Stijl, it is deemed that you have obtained your legal guardian’s consent of your use and access and that they will be accompanying you during your use of the Service.
1.7) Subject to the laws of your jurisdiction, a Child can only utilize an account established by their parent or legal guardian. If you permit your Child to use an account, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you shall be responsible for all uses of the account by your Child whether or not such uses were authorized by you. We may stop any accounts if we are not satisfied that such consent has been given. If we are told by a parent / guardian that their child has played any Game without permission or otherwise made request to terminate a Child’s account, we will terminate the account once we have information which in our reasonable view that the reporting person is indeed the parent or guardian. We will not be liable for any loss caused by any such termination.
1.8) Any Services intended or stated for individuals of age of 18 or above shall be strictly offered to individuals aged 18 or above only, your continued access to and use of such Services shall be deemed as your declaration and warranty that you have attained the age of 18 or above and have all necessary rights and powers to enter into this Agreement and comply with all provisions herein.
Section 2. Services and Use
2.1) Subject to your compliance with all provisions under the Agreement including all Terms of Service contained hereunder, you are granted a limited, non-exclusive, revocable and non-transferable license to access and use the Services on devices that you own or control for personal use in the manner set out in this Agreement. You are required to use or perform any act on the Services in accordance with provisions set out in this Agreement (which include all terms under Privacy Policy) and instructions as determined by De Stijl or us from time to time. You hereby irrevocably agree to fully and duly indemnify and hold harmless De Stijl from and against any claims, damages, losses, costs, liabilities or expenses (including legal fees and disbursements on a full indemnity basis) caused to or incurred by De Stijl whatsoever or howsoever arising from or in connection with or as a result of your use of any Services not in compliance with provisions of this Agreement, your breach or non-compliance of this Agreement or any act or omission by you in connection with this Agreement.
2.2) Our Services may contain links or references to other sites not maintained by De Stijl (“Linked Sites”). De Stijl shall not be held responsible for the content or features of any Linked Sites, whether or not De Stijl is affiliated with the Linked Sites. De Stijl does not in any way endorse any Linked Sites and is not responsible for all risks, contents, quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or contributions from you, De Stijl shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for your convenience only and you agree to access them at your own risk.
2.3) De Stijl may from time to time utilizes any third parties’ social media platforms or share functionality and may contain social media links, applications or features (including but not limited to Facebook, X (formerly known as Twitter), Tiktok, Youtube, Instagram, XiaoHongShu, Threads, Whatsapp and Discord). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media platforms or features on De Stijl, you consent and agree to be bound to the particular terms and conditions of use of such social media platform.
2.4) You also hereby irrevocably acknowledge and consent to De Stijl accessing information about you and may have shared with other social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on De Stijl. De Stijl is in no way sponsored, endorsed or administered by, or associated with, any social media platform. For the avoidance of doubt, if you use our Services via third party platforms, you are deemed to agree and comply with this Agreement as may be amended from time to time.
2.5) De Stijl shall not be responsible for conducts or contents of any user (including Member, Guest, User and general users). De Stijl does not guarantee, indemnify, or assume responsibility for all products or services published or provided by any third parties through the Services, hyperlinked service, or banner features or other advertisements, and transactions between you and any third party(ies) for goods or services. In such cases, you should exercise your best judgement and reasonable caution.
2.6) In no event will De Stijl be liable for any loss of monies, profits or goodwill or anticipated benefits or any indirect, special or consequential loss, damage, cost or expense of any kind whatever and however caused by us, you or any other person or entity, whether arising from any breach of contract, tort, negligence, defamation, copyright infringement, breach of intellectual property right, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful elements, communication line failure, or any other cause of action, in connection with your use of the Services and/or any act by yourself or other user(s).
2.7) Nothing in this Agreement is intended to nor does create a partnership, agency, employment or fiduciary relationship between De Stijl and you or any person.
2.8) By providing us with your personal data and information or continuing to use, access any of the Services or communicate or interact with De Stijl, you hereby:
(i) authorize and consent to our collection, processing and use of all data and information provided by you including all personal data and sensitive information for the purposes as described in our Privacy Policy and transferring your personal data to De Stijl’s third-party service providers or agents for the purposes as described in our Privacy Policy. For more details regarding the use, collection and disclosure of your personal data, please refer to our Privacy Policy;
(ii) agree and acknowledge that all electronic communications made with or to De Stijl shall be given legal effect, validity and enforceability and shall have, between the parties hereto, accorded to a signed written document; and
(iii) agree not to contest the legally binding nature, validity or enforceability of any transaction between the parties hereto on the ground that it was entered into electronically.
2.9) De Stijl may disclose, edit or reveal your personal information required by applicable legal or authorities’ requirements or on the basis of good faith. This may include, but is not limited to the following situations:
(i) to comply with the law and regulations, including when requested by governmental enforcement agencies;
(ii) to maintain and continue normal operations of Services, maintenance of De Stijl's trademark or goodwill; or
(iii) when making the best effort to maintain privacy and security of Members' personal data and public data in an emergency.
Section 3. Registration and Accounts
3.1)You agree that all information and personal data you provide for Member or User registration, Service subscription and other authentications shall be at all times true, accurate, complete and updated and that you are not registering as a Member or User on behalf of a third party or under a false identity. The account and password obtained upon your Member and User registration are for your personal use only, and cannot be transferred, sold, donated, or inherited. After having completed the registration process and fulfilled settings and requirements required for a Member, you shall be qualified as a Member and use all functions and services available for a Member. Users other than Member may only access limited parts of our Service as "guests" or “users”. The Company has the right to take steps to ensure that any information you provided is accurate and to ensure your eligibility for our Services, and failure to provide sufficient and accurate information or violation of any relevant terms under the Agreement may result in the Company rejecting your access to all or part of the features of our Service at the Company’s sole and absolute discretion including but not limited to suspension and termination of your Member/User account without prior notice or compensation.
3.2)We strictly prohibit any sale or purchase of User/Member Accounts or access credentials to any other person or entity. Only a transfer pursuant to a written agreement with the Company’s prior written consent would be permitted.
3.3)You may be required to select a password for your account or you may also use other credentials to access the account ("Login Information"). You shall not share the account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the safety/security of your account. You shall not use anyone else's account or permit others to use your account at any time. You shall protect all your account information and keep them confidential. You agree that you shall not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent. In the event you become aware of or reasonably suspect of any breach of security, including but without limitation to any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify De Stijl and modify your Login Information. You shall be held solely responsible for maintaining confidentiality of your Login Information, and you will be solely responsible for all usage of your Login Information, including all purchases and transactions, whether or not actually authorized by yourself. You acknowledge and agree to accept full responsibilities and risks in connection with your Login Information and account and you shall fully indemnify us for any loss or damages in connection with your Login Information and account. De Stijl shall not be responsible and liable for any losses resulting from an unauthorized access or use of your account, whether fraudulently or otherwise.
3.4)If you use User/Member accounts without binding to any Single sign-on (SSO) and social networking service (SNS) accounts (including but without limitation to Wechat, Instagram, Tiktok, Facebook, Google Play and X (formerly known as Twitter)), we will create and assign to your account an identifier. You are aware of and accept all risks of losing your data including Games data and/or Virtual Goods for which you have paid if you logout User or Member account without binding to any existing SNS and SSO accounts.
3.5)When you decide not to use your account anymore, you should apply to cancel the account with the Company. Whether through paid or unpaid means, you may not disclose or provide your Member account or password to any third party for login or use. Any transactions or activities that occur through your account will be considered as your actions, whether the activities are undertaken by you, and you will be solely responsible for them.
3.6)All users, whether registered or not, are solely responsible for any and all actions performed by them on De Stijl. De Stijl reserves all rights to refuse, suspend, delete or cancel registration of your account for any reason in its sole discretion and opinion that is in violation of any provision of this Agreement. Any decision of De Stijl shall be final and conclusive without further reference and any liability to you or users. De Stijl shall not be held liable for any loss, damages, compensation or refund of money paid by you or such users for any Services.
3.7)You agree and understand that if you need De Stijl’s assistance with customer service matters, De Stijl will need to verify your personal data. If we find that the information you provided during registration does not match your actual situation, you understand that De Stijl may not be able to provide customer service to you, and we are not liable for any claims, losses, damages, costs and expenses arising out of your use of our customer service.
3.8)You are responsible for maintaining strict confidentiality of all details and activities under your account. You agree to immediately notify De Stijl of any unauthorised use of your account or any other breach of security. It is your sole responsibility to control access to and use of your account and to notify De Stijl when you desire to cancel your account. If you discover or suspect that your Member account and password have been compromised or used by others, please inform our Data Protection Officer immediately via email at support@destijltech.com.
3.9)You must not choose a username that infringes the rights of any third party, impersonates De Stijl staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. We reserve the right to make such assessments in our sole discretion, change any username for any reason or take such other action as we believe appropriate.
3.10) Termination of Inactive User or Guest account: WE RESERVE ALL RIGHTS TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE If you have not logged into and used our Service continuously for 90 days, you agree and understand that the Company may suspend your use of all free Services and delete all data stored by you in our Services. Records of your login and usage of our Services are based on the records retained within our system.
3.11) Termination of Inactive Member account: WE RESERVE ALL RIGHTS TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE if your account has not been accessed for more than 180 days. In such event, you will no longer be able to access and/or use the Services using the terminated account. All Virtual Money and/or Virtual Goods associated with the terminated account will be deleted and no refund will be offered to you with respect to such deletion.
3.12) Effect of account Termination: You understand that if you delete your account, or if we terminate and/or delete your account in accordance with the Terms of Service, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account).
3.13) You shall assume and bear full responsibility for any act or omission by you in failing to safeguard your account and access details including password, resulting in damages to yourself, De Stijl, or a third party. After your purchase/payment of the Service, De Stijl shall not be held liable for any compensation, refund any money paid associated with any account cancellation. De Stijl will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
3.14) The Company reserves all rights to add, modify, cancel, remove, amend, upgrade and deal with in whatsoever manner with any or all parts of our Services’ system or features without any prior notice. You understand and agree that we do not need to notify you separately on any related cancellations or changes to the Service content. If you do not agree with the changes to the Services, you should stop using the relevant Services after notification or implementation of such changes.
3.15) If the Company establishes additional usage regulations or terms for specific activities, you should strictly adhere to such regulations or terms of each activity. In case of any conflict between the usage regulations or terms of individual activities and this Agreement, the Company reserves the right to provide the final interpretation.
3.16) You understand and agree that if our Services requires or includes downloadable software, the software may be automatically updated on your device when new versions or features are provided. However, you can adjust the settings for automatic software updates based on the device you are using. When you consent to download and/or use any application(s) developed by us for/in our Services, you are deemed to have consented and authorized us to access your mobile device’s lens, microphone, and storage space for capturing live videos, audio, and video viewing functionalities. You consent to De Stijl sending Service announcements and you may receive important messages from us from time to time to your email, computer, or mobile device.
3.17) We reserve all rights to delegate, assign or sub-contract performance of any part of our Services or obligations hereunder to any related company, service provider, subcontractor and/or agent on such terms as we may deem appropriate.
3.18) The Company may suspend any part of Services with prior notice or post-announcements/notice in the following situations:
(i) update, maintenance or construction of the systems for our Services;
(ii) shut down or failure of telecommunications facilities or networks;
(iii) failures or acts of application distributors, failure of information technology or telecommunications equipment or facilities, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections;
(iv) due to power failures, epidemics, fire, explosion, accident, civil commotion, industrial dispute, or impossibility of obtaining materials, natural disasters, riots, strikes, acts of God, governmental acts (including directives issued by regulators and amendments to legislation) or other force majeure factors, the Company is temporarily unable to provide Services; and
(v) occurrence of such events or situations as announced or determined by the Company.
De Stijl shall not be liable for any damages, losses, costs or expenses arising from or in connection with the above situations.
Section 4. Paid Services
4.1) You understand and agree that if you are desirous of using or subscribing our Services (including but without limitation to subscription of any Services packages), you are required to make payment to the Company or through third-party companies appointed by our Company (“Paid Services”). All amounts payable under this Agreement to the Company shall be made without setoff or counterclaim, and without any deduction or withholding. After your purchase/payment of any Paid Services, De Stijl shall not be held liable for any compensation or refund of any unused Paid Services.
4.2) When you purchase any Paid Services, you agree to duly comply with all payment-related provisions as determined by the Company from time to time (“Billing Terms”). The Company shall have the absolute rights to determine and revise the Biling Terms from time to time and you shall adhere strictly to the revised Billing Terms accordingly.
4.3) The Company reserves all rights to add, adjust or revise any fees, charges, amounts and taxes in relation to the Services, notice for such adjustment will be provided on the Websites, the Applications and/or other platforms/manner as determined by the Company from time to time. The adjustment shall take effect and be applicable to your payment once published.
Section 5. Intellectual Property Rights and Contents
5.1) All copyrights, patents, trademarks, logos, names, industrial design, software, applications, programs, contents, materials, data, information, invention, trade secrets, texts, scripts, graphics, photos, music, audio-visual combinations, interactive functions, license, all other intellectual property and exclusive rights subsisting in or arising from our Services (“Services Intellectual Property Rights”) shall belong exclusively to the Company, its relevant suppliers or its licensors (as the case may be).
5.2) You (whether Members or Users or Guess or other general users) are strictly prohibited from using, modifying, reproducing, publicly broadcasting, adapting, distributing, publishing, publicly presenting, reverse engineering, decoding, decompiling or creating derivative products related to any part of Services Intellectual Property Rights or the Services without written authorization from the Company or other rights holders or use the Services to post or create any malicious, inappropriate or abusive content (as determined by the Company in is sole discretion).
5.3) You shall not in any way: -
(i). distribute, republish, resell, rent, lease or lend any part or element of the Services or Services Intellectual Property Rights;
(ii). defeat, disable or circumvent any security feature any part or element of the Services or Services Intellectual Property Rights;
(iii). transfer any part or element of the Services or Services Intellectual Property Rights to any third party; and
(iv). engage in crawling, scraping, caching or otherwise accessing any content or part on the Services or Services Intellectual Property Rights via any types of automated means or improper use (as solely deemed/opined/decided by De Stijl in its sole discretion).
The Company reserves all rights to suspend your account or take other appropriate measures in the event of any infringement of Service Intellectual Property Rights.
5.4) All names, trademarks, service marks, graphics and logos displayed in or on the Services are registered or unregistered trademarks of De Stijl, its affiliates or licensors and your rights to use the Services should be construed as granting by implication, estoppel or otherwise, any license or right to use any of the same.
5.5) You must use or access Services with software or application provided by the Company within the scope of authorization as determined by the Company. You understand and agree that certain links available or shown in our Services may be linked to websites of other individuals, companies or organisations which you may (at your own discretion/liberty) enter or clink on for voluntarily collecting or obtaining information from such links. The Company does not guarantee authenticity, completeness, timeliness, or reliability of all products, services, or information provided on websites of those linked individuals, companies or organisations. The existence of such links does not imply any employment, appointment, agency, partnership, or similar relationship between the linked parties and the Company.
5.6) You warrant that all audio, images, videos, texts, software, scripts, graphics, photos, music, audio-visual combinations, interactive functions, and other materials and contents you transmit, provide, post or upload through our Service from time to time (hereinafter referred to as "contents" and “content”) are:
(i) are legally and beneficially owned by you; and
(ii) licensed to you, or authorized or permitted for your use.
When you post, upload, input, provide, or submit content to us, it means that you permanently and irrevocably grant the Company and its affiliated companies the global, royalty-free, non-exclusive, transferable rights to use the uploaded contents for marketing and business purposes on all other De Stijl services without notice. The aforementioned rights include but are not limited to reproducing, distributing, transmitting, publicly displaying, publicly performing, reproducing, editing, translating, etc., as well as publicly displaying and publicly attributing your name to the uploaded contents.
5.7) You understand and agree that all contents provided, posted or uploaded by you in connection with the Services shall be deemed public and viewable to everyone and any user(s) or viewer(s) may, through third parties, reproduce, share, or use search technology to access such contents. Once you provide your videos, images, text, and audio content to our Services, you have also granted the public, Guests, User, Member and others the following rights and privileges over your videos, images, text, and audio content:
(i) the non-exclusive right to access your videos, images, texts, and audio via our Services;
(ii) the right to comment, discuss, and tag your videos, images, texts, and audio;
(iii) the right to embed the De Stijl player containing your videos, images, text, and audio in their websites;
(iv) the right to send, transmit, and distribute your videos, images, text, and audio via email or instant message;
(v) the right to access your videos, images, text, and audio via De Stijl’s web Service API or via RSS or any similar XML or related feeds; and
(vi) the non-exclusive right to use, reproduce, distribute, remix, and produce derivative works and edits of your videos, images, text, and audio. They are also allowed to transmit, display, and play your videos, images, text, and audio content.
5.8) You understand and agree that all contents provided, posted or uploaded by yourself will be publicly displayed on the relevant systems and networks of De Stijl, including but not limited to De Stijl's search services or marketing activities organised by De Stijl. Under normal circumstances, all contents provided by you will be retained for such period as determined by De Stijl in its sole discretion. De Stijl reserves all rights to remove or edit any content provided by you without prior notice.
5.9) De Stijl does not endorse, provide or imply any views/opinions/comments on any contents submitted by any user and viewer of our Services. De Stijl is not obliged to and does not have initial control and editing permissions for contents submitted/posted by any user and viewer of our Services. In the event of any political, religious, public interest, defamatory, illegal, immoral and improper statement, conducts or concerns reported by anyone about the submitted/posted contents, the Company reserves all rights to delete and deal with any messages or contents posted on our Services that in its sole opinion violates this Agreement. In such cases, the Company may take temporary or permanent measures to suspend the use of the Service to the content submitter (whether Member, User, Guest or other general user/viewer).
5.10) You warrant and undertake to ensure all your contents do not infringe any copyrights, patents, trademarks, industrial design, invention, trade secrets, license and other intellectual property and exclusive rights of any third-party(ies) (collectively referred to as "intellectual property rights"). The Company assumes no responsibility for the contents you post or upload to the Service platform. In the event of any alleged infringement of third-party intellectual property rights, the Company reserves the right to promptly remove any and all submitted contents. Any dispute involving third-party infringement of your moral rights, intellectual property rights or other personal rights shall be resolved between you and the infringing party to the exclusion of De Stijl.
5.11) You hereby undertake and commit not to engage in the following actions:
(i) upload, post, publish, or transmit any political, religion related, defamatory, insulting, threatening, offensive, indecent, obscene, false, violation of public order or good morals, or otherwise unlawful text, pictures, or any form of files or behavior;
(ii) upload, post, publish, transmit or provide any contents of potential or actual racism, culturally, politically or religion sensitive issues/matters;
(iii) infringe on the reputation, privacy, business secrets, trademark rights, copyrights, patent rights, other intellectual property rights and any type of license or rights of others;
(iv) violate the confidentiality obligations under law or contract;
(v) use our Services in the name of others or under a false identity;
(vi) upload, post, transmit, or distribute any data containing computer viruses or any code that may disrupt, damage, or limit the functionality of the computer software and hardware;
(vii) use the Service for any unlawful or illegal activities (including but not limited to spamming, harassing or otherwise causing distress to other users), engage in illegal transactions or post false or misleading information that induces crime;
(viii) provide gambling information or in any way entice others to engage in gambling through any means;
(ix) forge the source of information or interfere with the determinations of transmission sources by any means;
(x) interfere with or interrupt the service, server, or networks connected to the Service, or fail to comply with the related requirements, procedures, policies, or rules for linking to the Service;
(xi) engage in any behavior that may contain computer viruses or engage in actions that may harm the Service system or data;
(xii) track others or otherwise interfere with others or collect or store others' personal data without their consent;
(xiii) do or facilitate other inappropriate, unlawful or illegal acts; and
(xiv) any other acts that the Company reasonably deems inappropriate.
If you violate any of the above provisions, you agree that the Company may temporarily or permanently lock, ban, mute, suspend, close or delete all relevant information and files in your account or terminate provision of our Services without prior notice to you. You further undertake to fully indemnify the Company, its subsidiaries and/or any of its affiliates from and against any liabilities, losses, damages, costs and expenses (including but not limited to legal fees on an indemnity basis) attributable to your infringement or use of any third-party intellectual property rights.
Section 6. Prohibited Matters and Responsibilities
6.1) Before accessing or using any Services, you should read carefully the entire Agreement, all rules, regulations and guidelines in our Websites or Applications. We do not guarantee and ensure that our Services will not be used inappropriately (including posting of objectionable material/contents on chat facility or otherwise and/or all users and viewers of Services will comply with our terms and conditions and/or behave appropriately).
6.2) You shall ensure that your computers, mobile devices or other hardware and internet environment shall meet or shall be compatible with the requirements and conditions required for the use of Services.
6.3) You shall not, directly or indirectly, in any way:-
(i) distribute, republish, resell, rent, lease or lend any part or element of Services;
(ii) defeat, disable or circumvent any security feature of Services;
(iii) transfer any part or element of Services to any third party(ies);
(iv) engage in crawling, scraping, caching or otherwise accessing any content or part of the Services via any types of automated means or improper use (as deemed/opined/decided by De Stijl in its sole discretion), except with written consent from De Stijl; and
(v) decompile, reverse engineer, disassemble or otherwise convert any part or element of Services.
6.4) You shall not directly or indirectly engage in or allow engagement of the following acts:
(i) send spam emails or other advertising messages to other Members or Users of the Company;
(ii) attempt to invade the Company's servers and databases, hack the Company's security mechanism, or other acts that endanger security or stability of the Service;
(iii) make changes or modifications to any part of our Services;
(iv) access and use the Services through other technologies or methods not authorised by De Stijl;
(v) if you use the embedded player of our Services on your website, you must not modify or obscure any part or function of the embedded player or add more functions, including but not limited to icons or backlinks to the De Stijl website text;
(vi) use or run any automatic system (including but not limited to "robot", "spider" or "offline reader") to visit our Service;
(vii) use our Service directly or indirectly in violation of any applicable law, rules and regulation;
(viii) publish advertising or promotion information or perform sale or any commercial transaction through our Service; and
(ix) engage in any sale, rental, or other profit-making activities without the permission of the Company.
6.5) All questions, comments or complaints about our Services and/or De Stijl must be directed by yourself to De Stijl only (not to any other media or social media platforms), failing which, De Stijl may take such action as it deems necessary (including but not limited to seeking all remedies under the applicable laws, initiating legal proceeding against you and dealing with the relevant media or social media platforms) to defend and preserve its reputation, mitigate any adverse effect/damage and claim for all losses and compensation.
Section 7. Risks and Disclaimer
7.1) All Services, Websites, Applications, Programs, other De Stijl’s platforms and all related products, services and information are provided ON AN "AS IS" and “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SAFETY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE. Your use of our Services is at your own risk.
7.2) You hereby irrevocably acknowledge and agree to accept all risks arising from or in connection with your access or use of Services. You further acknowledge, agree and accept that: -
(i) De Stijl provides Services through the internet containing a certain degree of risks, instability and security concerns whether due to different computer software and hardware environments and our Services may use transmissions over the internet which are never completely private or secure.
(ii) various information and computer programs provided by our Company may conflict with your personal device or other equipment and may cause system instability when using our Services;
(iii) all information posted or provided by Members or Users through De Stijl may contain viruses or other malicious programs;
(iv) our Services may also be unavailable due to power outages or any network disruptions caused by factors or due to network disconnection beyond our control;
(v) our Services may suffer interruptions or malfunction without warning, which may cause you to lose access to the Service, or experience errors, loss of data, or other economic losses;
(vi) we are not responsible for any of the information made available or accessed on or through our Services or any decisions made by you based on any information made available or accessed on or through Websites and/or Applications;
(vii) errors or omissions of all types including errors or omission in any content or any form of loss or damage caused by the use of content posted, mailed, transmitted, or otherwise obtained through our Service; and
(viii) we are not responsible for and we do not warrant and hereby to the maximum extent permitted by applicable law disclaim any representation, warranty or term with respect to our Services, whether express, implied or statutory, including but not limited to:
(a) meeting any expectation or need of Members, Users and any general users;
(b) merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third-party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third-party rights in connection with the De Stijl website and/or the Services;
(c) interruption or cessation of transmission of Services and our Services and any related computer system shall be free from all viruses and/or other harmful elements, unauthorised access, intervention, hacking, sabotage, fraud or infiltration by third parties;
(d) all parts of Services are compatible or working with any third-party software, applications or third-party services;
(e) any acts or omissions or conduct of any third parties including those accessed via Linked Sites, errors or inaccuracies in the content within our Services;
(f) any software errors, viruses, Trojan horses or programs of a similar nature that a third party may transmit through our Service; and
(g) any unauthorised access or use of secured servers with and/or any personal data and/or financial data stored on the server.
7.3) The Company (including its management, directors, employees, and agencies) shall not be in any event liable and responsible for any losses, damages (whether incidental, special, indirect or consequential damages whatsoever), compensation, proceedings, claims, costs, expenses (of any nature) arising from or in connection with (direct or indirect):-
(i). system interruptions and/or malfunction;
(ii) your use or reliance on our Services including any content or any other information made available or accessed on or through our Services or contained in or available from our Services;
(iii) your use or reliance on any products or services available on or accessed via our Services;
(iv) any infringement of any rights arising in connection therewith including without limitation to any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof;
(v) any death, personal and physical injury, conduct, contents or defamation by or concerning yourself or any user; or
(vi) loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use our Services or any third-party software or applications in conjunction with our Services, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
7.4) De Stijl (including its management, directors, employees and agencies) shall not be in any event liable and responsible for any losses, damages (whether incidental, special, indirect or consequential damages whatsoever), compensation, proceedings, claims, costs, expenses (of any nature) whatever and however caused to or incurred or suffered by you or any person (whether direct, indirect, special or consequential), whether arising from, by reason of or in relation to:-
(i) your account information, your use of Services, performing any transactions, purchase and/or arrangement of delivery of product, and obtaining and/or making any payment of any monies belonging to you;
(ii) your use or inability to use the Services or any material or content of the Services;
(iii) any breach of contract, tort, negligence, defamation, copyright infringement, breach of intellectual property right, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful elements, communication line failure, or any other cause of action, in connection with your use of Services;
(iv) your or any user’s erroneous, wrongful or fraudulent uploading of information, images, or provision of information by you or such user(s) on the Services;
(v) any loss, damage or liability which may arise in connection to the Services offered. All indirect and/or intangible damage, including without limitation, loss of income and consequential damages is excluded from De Stijl’s liability;
(vi) any loss, damage or liability which may arise in connection with services offered by any third parties that you may be referred to by De Stijl and/or its related corporations or via Services, including but not limited to services provided by the Linked Sites;
(vii) any actions or inactions of any providers of Services in relation to you, your activities or for or in connection with Services; and
(viii) any suspension, discontinuation, upgrade or modification to our Services which we may carry out from time to time without giving any reason or prior notice to you which affects your use of the Services.
7.5) You may find advertisement and promotion content/information published in our Services provided by advertising agencies and/or their clients. Members and Users shall independently assess the authenticity and credibility of all advertising and publication content and De Stijl shall not be held responsible and liable for pre-screening, accuracy, authenticity, reliability and credibility such advertisements. You further agree that in the event of infringement/violation of your rights or damages caused by the actions of other Members or Users or Guest, you shall not have any claim whatsoever against the Company.
7.6) You shall fully indemnify and hold harmless De Stijl, our affiliates, related companies, members, officers, employees, agents, partners and service providers from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which may suffer or suffers in connection with or arising from:-
(i) any information or content which you submit, post, transmit, communicate, send, publish, upload or otherwise make available through our Services;
(ii) your breach of or non-compliance with any provisions under this Agreement or any terms relating to your use of our Services or your breach or violation of any rights of any other person;
(iii) your access or use of our Services or violation of any applicable laws, rules or regulations in any application jurisdiction; or
(iv) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred.
7.7) In the event that De Stijl is held by any court with competent jurisdiction to be liable to any Member, De Stijl shall only be responsible for direct losses or damages provided such losses and damages were caused by De Stijl’s gross negligence or willful default. De Stijl’s aggregate liability in respect of any and all claims by a Member shall be limited to 25% of the aggregate amount of Service fees paid by such Member to the Company during the relevant year before the cause of action arose.
Section 8. Termination
8.1) De Stijl reserves all rights to amend this Agreement without prior notice and such amendment shall take effect once it is published. De Stijl shall not be responsible for any amendment of this Agreement. If you disagree with the amendment of this Agreement, or are dissatisfied with Services, you may stop using Services or notify De Stijl to terminate your account and all payments you may have made in connection with your account will be forfeited absolutely.
8.2) You understand and agree that De Stijl may at its sole discretion terminate and/or suspend all or any part of the Service at any time of its operations without prior notice and any liability to you. The Company may, at its sole discretion, terminate or restrict a Member's use of the account (or any part thereof) or the use of the Service for any reason, including but not limited to prolonged periods of inactivity, court or government orders, the inability to continue the Service, substantial changes to the Service content, unforeseen technical or security issues or problems, fraudulent or illegal activities on your part, failure to pay fees, or any other violation of the explicit provisions and spirit of this Agreement as deemed by the Company. In such cases, the Company reserves all rights to remove and delete the relevant content within the Service, whether they are a free or a paid user.
8.3) If we reasonably find that you have failed, neglected or refused to duly comply with any provisions of this Agreement (including the Terms of Services, Privacy Policy) or any posted rules or guidelines or there is an alleged infringement of rights of others or violation of legal provisions on your part, as notified in writing by a third party to the Company, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved content and/or restoring your data to the status before your breach;
(ii) temporarily or permanently suspend your access or membership or use of Services;
(iii) immediately terminate this Agreement and/or taking legal action against you or disclosing relevant information to law enforcement authorities; and
(iv) any other actions as we deem appropriate.
8.4) Unless otherwise stated hereunder, if your account or this Agreement is terminated for whatsoever reason, we shall not refund and you are not entitled to any refund for any amounts paid for your account or use of the Services prior to any termination of this Agreement.
8.5) In the event that the Company has elected to cease in operating and providing all Services, we will notify you in respect of such cease of operation and De Stijl may, at its sole discretion, provide a refund to Member (whether in cash or otherwise) for any unutilized and prepaid Service. For the avoidance of doubt, you shall not be entitled to any refund of any unutilized and unused Service, prepaid or otherwise, as a result of any termination for any reason other than Clause 8.5.
8.6) You shall at all times indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any non-compliance of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
8.7) You shall at all times defend and hold De Stijl, its affiliates, related corporations, employees, trustees, agents or other relevant parties involved in performance assistance and social media platforms from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis and administrative proceedings, arising out of your use of our Services or any non-compliance of this Agreement, and shall bear and pay for damages or reimbursement of expenses (including but not limited to attorney’s fees from civil, criminal and administrative proceedings). In addition, De Stijl may use whatever information that is available about you to stop any such non-compliance or any unlawful or inappropriate use of our Service, including informing any third-party which De Stijl deems appropriate of such non-compliance or use and/or disclosing your personal information to such third-party.
8.8) Upon any termination of this Agreement, all your rights under this Agreement shall immediately terminate. You must immediately cease all activities authorized by this Agreement. Sections 5 and 7-10 will survive and continue to apply in accordance with their terms.
Section 9. Notices
9.1) De Stijl may give notice by means of a general notice on Websites, Applications, Programs or by electronic mail to your email address, by text to your mobile phone number, or by written communication sent by registered mail to your address. Your contact details for such notices shall be based on your details in De Stijl’s records. You may only give notice to us in writing via email to support@destijltech.com.
9.2) Notices shall be deemed to have been duly given and received upon expiration of 24 (twenty-four) hours after mailing or posting (if sent by registered mail) or immediately (if sent by text, announcement or email). Notices on the Websites and Applications shall be deemed to have been received by you upon the time of publication.
Section 10. Miscellaneous
10.1) This Agreement constitutes the entire agreement and understanding between you and De Stijl and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of De Stijl not set out in this Agreement.
10.2) The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision. If any of these terms is held invalid or unenforceable, such term shall be struck out and the remaining terms shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the parties’ intentions. Before modifying the invalid provision, all parties hereto shall deal with and construe such relevant provisions in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”).
10.3) All sections and headings contained herein are included solely for ease of reference.
10.4) No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
10.5) You shall not assign your rights or transfer your obligations under this Agreement without our prior written consent but we may assign our rights or transfer our obligations under this Agreement to any affiliate or third party at our sole discretion. Save for the related companies of De Stijl and as expressly provided in this Agreement, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement.
10.6) This Agreement shall be governed by and construed in accordance with the laws of Hong Kong without regard to principles of conflicts of law. You and the Company hereby irrevocably submit to the exclusive jurisdiction of the Hong Kong courts.
10.7) This Agreement is in the English language only, which language will be controlling in all respects. A Chinese translation of this Agreement has been prepared for ease of reference only. The English version shall prevail in case of any discrepancy or inconsistency between the English version and its Chinese translation.
Last updated on 17 November 2024