Record new changes of Hily Terms of Service

This version was recorded after extracting from snapshot OpenTermsArchive/dating-snapshots@29c1029

Hily/Terms of Service.md

@@ -16,7 +16,7 @@ Any translation from English version is provided for your convenience only. In t
 1\. ACCEPTANCE OF AGREEMENT
 ---------------------------
 
-1. These Terms of Use (the “Agreement”) constitute a legal agreement that governs the relationship with users and others who interact with Lathinol Limited, Office 302, 12 Promitheos Street, 1065, Nicosia, Cyprus and our subsidiaries and affiliates (“Hily,” “we,” or “us”) in connection with the use of hily.com and/or other websites (the “Sites”) and our Service (as defined below). Hily may make services, products and features available through our Sites, applications including Mobile Software (as defined in Section 13) and applications available on social networking sites and other platforms, and other downloadable products (the Sites, the applications, the downloadable products, and all products, services, and features provided by Hily in connection, including without limitation interfaces of the Service whether in whole or in part (therewith shall be referred to collectively as, the “Service”). Hily may offer additional services or products or modify or revise any part of the Service at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Service unless otherwise indicated. Hily also reserves the right to cease offering any part of the Service. You agree that Hily shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any part of the Service.
+1. These Terms of Use (the “Agreement”) constitute a legal agreement that governs the relationship with users and others who interact with Hily Corp., postal address: 3172 North Rainbow Boulevard #1132, Las Vegas, NV 89108 and our subsidiaries and affiliates (“Hily,” “we,” or “us”) in connection with the use of hily.com and/or other websites (the “Sites”) and our Service (as defined below). Hily may make services, products and features available through our Sites, applications including Mobile Software (as defined in Section 13) and applications available on social networking sites and other platforms, and other downloadable products (the Sites, the applications, the downloadable products, and all products, services, and features provided by Hily in connection, including without limitation interfaces of the Service whether in whole or in part (therewith shall be referred to collectively as, the “Service”). Hily may offer additional services or products or modify or revise any part of the Service at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Service unless otherwise indicated. Hily also reserves the right to cease offering any part of the Service. You agree that Hily shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any part of the Service.
 
 2. Your use of certain parts of the Service may be subject to additional terms and conditions (if any), and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by Hily when you sign up to use, or use, such Service (“Additional Terms”). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated.
 
@@ -212,8 +212,10 @@ Any translation from English version is provided for your convenience only. In t
 1. If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Hily’s designated Copyright Agent to receive notifications of claimed infringement is:
 
 
-Lathinol Limited  
-Office 302, 12 Promitheos Street, 1065, Nicosia, Cyprus  
+Hily Corp.  
+Attn: Copyright Compliance Department  
+3172 North Rainbow Boulevard #1132,  
+Las Vegas, NV 89108  
 Email: [[email protected]](mailto:[email protected])
 
 2. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
@@ -289,7 +291,7 @@ Email: [[email protected]](mailto:[email protected])
 
 1. Mandatory Arbitration. Please read this Section carefully. YOU AND HILY, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
 
-2. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Hily, via any other method available to Hily, including via e-mail. The Notice to Hily must be addressed to Lathinol Limited, Office 302, 12 Promitheos Street, 1065, Nicosia, Cyprus, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Hily do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Hily may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Hily, then Hily will promptly reimburse you for your confirmed payment of the filing fee upon Hily’s receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
+2. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Hily, via any other method available to Hily, including via e-mail. The Notice to Hily must be addressed to Hily Corp. (Rainbow Boulevard #1132, Las Vegas, NV 89108; file number: 6408961), Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Hily do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Hily may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Hily, then Hily will promptly reimburse you for your confirmed payment of the filing fee upon Hily’s receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
 
 3. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in San Francisco, California will be appointed pursuant to the Rules, as modified herein. You and Hily agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
 
@@ -343,7 +345,7 @@ Generally, all charges for purchases are final and nonrefundable, and there are
 
 a. The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island and Wisconsin:
 
-– **If you become the buyer of the Service, you may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that You, the buyer, are canceling this Agreement, or words of similar effect.** This notice shall be sent to: Lathinol Limited, Office 302, 12 Promitheos Street, 1065, Nicosia, Cyprus (in addition, Ohio users may email us at [[email protected]](mailto:[email protected])). Please include your username and email address in any correspondence or your refund may be delayed. If you cancel, Hily will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such a three-day period, we will refund the full amount of your subscription.
+– **If you become the buyer of the Service, you may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that You, the buyer, are canceling this Agreement, or words of similar effect.** This notice shall be sent to: Hily Corp., Rainbow Boulevard #1132, Las Vegas, NV 89108 (in addition, Ohio users may email us at [[email protected]](mailto:[email protected])). Please include your username and email address in any correspondence or your refund may be delayed. If you cancel, Hily will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such a three-day period, we will refund the full amount of your subscription.
 
 – In the event that You die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Hily) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing Hily a notice at the same address as listed above.
 
@@ -355,7 +357,7 @@ d. The following provisions are added to this Agreement for subscribers residing
 – Generally, you are entitled to a full refund without giving any reason within 14 calendar days (cancellation period) after the day of activation of your subscription (the right of withdrawal).  
 – If you subscribed using your Apple ID, refunds are handled by Apple, not Hily. If you subscribed using your Google Play Store account or otherwise directly through Hily, to exercise such right, you must inform us of your decision to cancel by sending an unequivocal statement to [[email protected]](mailto:[email protected]). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your cancellation before the withdrawal period has expired. If you have benefitted from a free trial, the cancellation period will expire fourteen (14) calendar days from the beginning of your free trial.  
 – We will make the refund without undue delay and not later than fourteen (14) calendar days after the day on which we are informed about your decision to cancel your susbcribtion. We will issue the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.  
-– You also may communicate your decision to cancel your subscription to us by sending a registered or regular mail to: Lathinol Limited, Office 302, 12 Promitheos Street, 1065, Nicosia, Cyprus. When contacting us via mail, please ensure that you insert sufficient information to identify you, e.g. your name, physical address, telephone number, name of your account (profile), e-mail address, etc.
+– You also may communicate your decision to cancel your subscription to us by sending a registered or regular mail to: Hily Corp., Rainbow Boulevard #1132, Las Vegas, NV 89108, United States of America. When contacting us via mail, please ensure that you insert sufficient information to identify you, e.g. your name, physical address, telephone number, name of your account (profile), e-mail address, etc.
 
 e. In-Service features or purchases. From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to certain in-Service features for use solely in Hily. Hily reserves the right to charge fees, in its sole discretion, for the right to access or use in-Service features and/or may distribute in-Service features with or without charge. All in-Service features or purchases are FINAL AND NON-REFUNDABLE. Being an integral part of the Service interface and functional, those in-Service features are fully performed right after you buy and access to them through the Service. By signing up for our Service you expressly consent and acknowledge that you lose your right of withdrawal in-Service features or virtual items (the online digital content) has begun upon your request and Hily is not required to provide a refund for any reason. You will not receive money or other compensation for unused in-Service features when an account is closed, wether such closure was voluntary or involuntary.