PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY TAKING ANY STEP TO DOWNLOAD, SETUP, INSTALL OR USE ALL OR ANY PORTION OF nictalk, A FREE MOBILE COMMUNICATION AND SOCIAL NETWORKING APPLICATION (INCLUDING BUT NOT LIMITED TO THE SOFTWARE, FILES AND DOCUMENTATION ("SOFTWARE") OR USING nictalk SERVICES IN CONNECTION WITH THE SOFTWARE, INCLUDING BUT NOT LIMITED TO: (I) ACCESS TO RESOURCES; AND/OR (II) ACCESS TO PERSONAL CONTENTS THROUGH nictalk SERVICES ("SERVICES"), YOU AND YOUR COMPANY (EACH AND COLLECTIVELY REFERRED TO AS "LICENSEE") ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA. IF YOU ACQUIRE THIS SOFTWARE FOR YOUR COMPANY'S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA. IF LICENSEE DOES NOT AGREE TO THIS EULA, LICENSEE MAY NOT USE THIS SOFTWARE AND MUST IMMEDIATELY REMOVE THE SOFTWARE FROM THE LICENSEE'S MOBILE DEVICE, MOBILE COMMUNICATION TERMINAL OR COMPUTER.
This EULA may be updated by Xinwei from time to time. By virtue of entering into this EULA and the Licensee's continued use of the Software or Service, the Licensee agrees and accepts that once the updated terms of the EULA are released, the updated terms will effectively replace the original terms of the EULA. The Licensee may login to the Software or website to review the latest version of the terms of this EULA at any time. Should the Licensee not agree to the updated version of the EULA, Licensee shall discontinue usage of the Software and Services and immediately remove the Software from the Licensee's mobile device, mobile communication terminal or computer.
This Software was developed and is owned by Xinwei (Cambodia) Telecom Co. Ltd.
("Xinwei"). All the ownership of intellectual property rights in this Software (including but not limited to any code, image, data, text and add-in programs contained in this Software and in any and all future updates, modifications, revisions and/or derivative works of the Software), and attached supporting documentation belong to Xinwei and may not be used, reproduced, altered, distributed, exploited or otherwise dealt with by the Licensee without written authorization from Xinwei, unless said usage, reproduction, alteration, distribution exploitation and dealing is expressly provided for in this EULA.
2.1 Subject to the terms of this EULA Xinwei grants to Licensee a personal, non-exclusive, non-transferable, limited license to install and use one (1) copy of the Software on one (1) mobile communication terminal, internally for the personal, non-commercial purposes as described in the documentation of the Software, which is available at nictalk's web page. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file. Except as expressly stated herein, this EULA does not grant Licensee any intellectual property rights in the Software and all rights not expressly granted are reserved by Xinwei.
2.2 This EULA is valid for an indefinite period from the date on which the Licensee accepts this EULA until termination pursuant to this EULA.
3.1 The Licensee may use the Software and enjoy various Services provided by XINWEI by registering a nictalk account. The nictalk account is the property of nictalk. After completing the registration application for a nictalk account, the Licensee then has the right to use the nictalk account. The nictalk account can only be used by the initial registrant and the Licensee shall not sell, assign, sub-license, disclose, or otherwise transfer the nictalk account.
3.2 The Licensee has the right to change and/or delete the Licensee's personal data, registration information and content submitted to the nictalk account. The Licensee hereby acknowledges that deleted data will not be recovered and the Licensee should bear the risk associated with such action.
3.3 The Licensee shall be responsible for the safekeeping of the nictalk account and the password, and be fully and legally responsible for all activities performed through the use of the nictalk account and the password. The Licensee is not permitted to use the accounts or passwords of other Licensees under any circumstances. If the Licensee suspects his or her account is being used by others without permission, the Licensee hereby agrees to immediately notify Xinwei.
3.4 If a Licensee has not logged in to his/her nictalk account for more than 90 consecutive calendar days, Xinwei reserves the right to terminate his/her nictalk account. Licensee shall bear all responsibilities for the issues caused due to the termination of account including loss of Licensee account data.
4.1 Without the prior written consent of nictalk, the Licensee may not:
(i) Reproduce the Software in whole or in part;
(ii) Sell, assign, sub-license, disclose, or otherwise transfer or make available the Software in whole or in part to any third party;
(iii) Use the Software to provide services to third parties;
(iv) Implement, use, sell, distribute, transfer or permit any third party to implement, use, sell, distribute or transfer the Software and all the intellectual property rights thereof;
(v) Copy, alter, amend, or create any derivative works based on the Software or any part or component thereof, or any data released to any mobile communication terminal's internal memory by the Software and interactive data between client terminal and server's terminal during the Software's operation (which restricted acts include, but not limited to, the creation of plug-ins, add-on programs, outside hanging or any unauthorized third party's tool/service accessing the Software and correlative systems);
(vi) Remove, delete, alter or obfuscate any proprietary notices or marks (including without limitation the copyright statements) on the Software;
(vii) Reengineer, de-compile, disassemble, alter, translate or reverse engineer the Software or any part or component thereof (except as may be permitted by applicable laws which permit such activities notwithstanding this contractual prohibition);
(viii) Amend or destroy the original state of the Software;
(ix) Use the Software to take any actions to threaten the security of the nictalk services, including but not limited to using data or entering server/account without permission; entering public networks or others' operating systems and deleting, amending or adding the stored information without permission; attempting without permission to detect, scan or test the weakness of the Software system or the nictalk network or attempting without permission to conduct any other activities to damage the network security system; attempting without permission to intervene with or affect the normal operation of the Software or the website; intentionally spreading malicious programs or viruses, and taking other actions to damage or intervene with the normal information service of the network; forging part or all of the titles of TCP/IP packets;
(x) Log in or use the Software and Services of nictalk by means of a third party's compatible software or system not developed, authorized or approved by Xinwei; as to the Software and Services of nictalk, the Licensee uses the plug-ins and outside hanging not developed, authorized or approved by Xinwei;
(xi) Use the Software without the prior written consent of Xinwei to use, lease, lend, copy, revise, link to, cite, compile, issue or publish the information related to the Software, or to build mirror websites of said information or to develop related derivative products, works, services, plug-ins, outside hanging, compatibility or interconnection without authorization;
(xii) use the Software to publish, deliver, transmit or store any content that contravenes the laws of any country, or threatens the national security, social stability, public order and morals of any country, or to publish, deliver, transmit or store any content that is inappropriate, insulting, defamatory, obscene, violent and against the laws, regulations and policies of any country;
(xiii) Use the Software to publish, deliver, transmit or store content that infringes other's intellectual property rights, trade secrets or other legal rights;
(xiv) Use the Software, to issue, deliver or transmit bulk advertisements, unsolicited communications, spam or junk information;
(xv) Use the Software to deliver, transmit or otherwise accomplish the transmission of the files including pictures, photos, software or other materials, which are under the protection of intellectual property laws, such as (but not limited to), copyright or trademark laws (or right of privacy or right to publicize), unless the Licensee owns or controls the related rights or have obtained the necessary authorization;
(xvi) Use the Software to use any material or information that contains pictures or photos which have been acquired by infringing existing trademark, copyright, patent, trade secrets or other exclusive rights of other third parties;
(xvii) Use the Software to amend or forge the instruction, data and data packet in the running of software works, add, delete, decrease or change the functions or running effects of software, spread the Software for the foresaid purposes to the public through information network, or operate them;
(xviii) Use the Software to apply the Software and Services offered by Tencent to the running of equipment putting humans or their belongings in danger; the Licensee understands that the Software and Services offered by Tencent are not designed for the above purposes and to the maximum extent permitted by applicable law, the Licensee agrees, acknowledges and consents that Xinwei will not bear any liability or be responsible for the personal injury or death, loss or damage to belongings or destruction of the environment due to the Software and/or Services being used for such purposes;
(xix) Sell, lease, lend, spread, transfer or sub-license the Software and/or Services or gain profits from using the Software and/or Services regardless of whether the above acts were committed for the purpose of achieving any direct or indirect economic gain; and
(xx) Use the Software and other Services offered by Xinwei in any other illegal manner, for any illegal purpose or in any form inconsistent with this EULA.
5.1 Notwithstanding anything to the contrary in this EULA, and to the maximum extent as permitted by law, the Licensee hereby agrees, acknowledges and consents that Xinwei shall have the right to terminate this EULA for any reason which Xinwei deems proper and necessary (including termination for convenience) on thirty (30) days written notice to the Licensee without incurring penalties of any nature whatsoever. The Licensee further agrees that any reason given by Xinwei for termination purpose shall be deemed a legitimate reason.
5.2 If the Licensee breaches any of the stipulations in this EULA, to the maximum extent permitted by applicable law, may, at its sole and absolute discretion, immediately terminate, suspend in part or in whole, or restrict the Licensee's right to use the Software without notice.
6.1 If Licensee is receiving an update or an upgrade to, or a new version of the Software ("Update"), Licensee must possess a valid license to such previous version of the Software in order to use the Update. All Updates are provided to Licensee pursuant to the terms of the license for the Software under this EULA. Further, Licensee agrees that by using an Update, Licensee voluntarily terminates Licensee's right to use any previous version of the Software.
6.2 The Software activates automatically the function of "upgrade reminder". Depending on the version of the Software, the Licensee may have an option to activate this function. After issuing Updates or new versions of the Software, Xinwei will not guarantee the continuous availability of the previous version(s) of the Software.
6.3 Xinwei reserves the right to unilaterally change or restrict part of the functional effects of the Software for the purpose of business development, and to the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that Xinwei assumes no liability whatsoever in respect of any damages suffered by the Licensee as a result of such change or restriction.
6.4 Xinwei reserves the right to amend or suspend its Service for the Software at any time for repair, maintenance or any other purposes which Xinwei deems necessary and to provide notice as may be reasonably possible to the Licensee. To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that Xinwei shall not be responsible to the Licensee or any third party for nictalk's exercise of its right to amend or suspend the Service.
To the maximum extent permitted by applicable law, the Software is offered on an "as-is" basis and no warranty, either express, implied or statutory, is given. Xinwei expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
8.1 To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that in no event shall Xinwei , its Affiliates (as defined below), employees, officers or agents be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software or any part or component thereof, or otherwise under or in connection with any provision of the EULA, even in the event of the fault, tort, strict liability, breach of contract, or breach of warranty of Xinwei, and even if Xinwei or its Affiliates, employees, officers or agents has been advised of the possibility of such damages. For the avoidance of doubt, the Licensee agrees and acknowledges that in no event shall Xinwei or its Affiliates, employees, officers or agents be responsible or liable for any use of the Software by Licensee for the distribution of contents relating to obscenity, gambling, defamation, threats and information which inflicts hatred or dissension on individuals and/or certain groups of community based on ethnic group, religion, race, and group-based interest.
8.2 In this EULA, "Affiliates" shall mean any other person or entity which directly or indirectly Controls, is Controlled by, or is under direct or indirect common Control with Xinwei from time to time. "Control" shall mean: (a) the ownership or control (whether directly or indirectly) of more than thirty percent (30%) of the voting share capital of the relevant undertaking; or (b) the ability to direct the casting of more than thirty percent (30%) of the votes exercisable at general meetings of the relevant undertaking on all, or substantially all, matters; (c) possess, directly or indirectly, the power to direct or cause the direction of the management and operating policies of the entity whether by way contract, management agreement, voting trust or otherwise; or (d) the right to appoint or remove directors of the relevant undertaking holding a majority of the voting rights at meeting of the board on all, or substantially all, matters and "Controls" and "Controlled" shall be construed accordingly.
8.3. As with other mobile communication terminal software, the Software could be used as a tool for harassment and breaches of security, Licensee hereby agrees and acknowledges that, notwithstanding that the Licensee takes appropriate steps to minimize such risks, the likelihood of the occurrence of such risks cannot be excluded altogether, and the Licensee agrees and acknowledges that Xinwei and its Affiliates, employees, officers or agents will not bear any liability for such risks, including, without limitation, the following:
(i) Other software downloaded and installed by the Licensee containing viruses, such as Trojan Horse, which threatens the security of the personal information and data and as a result, adversely affects the normal use of the Software;
(ii) The mobile communication terminal is infected by a virus or is damaged as a result of the Licensee browsing or visiting web pages; or
(iii) The Licensee fails to normally download files due to any reason, including because of the supplier of the files to be downloaded, the network, the software or hardware used by the Licensee.
8.4 To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that Xinwei and/or its Affiliates, employees, officers or agents shall bear no liability for the Licensee's all possible losses caused by a third party's communication line error, technical problem, network or mobile communication terminal failure, system instability, and other force majeure events.
8.5 All software derived from the Software that are not developed and formally released by Xinwei or not authorized by Xinwei are illegal. The download, installation or use of said illegal software may bring about unpredictable risks to the Licensee. To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that Xinwei shall not be responsible for any legal liability and dispute arising from said download, installation or use.
9.1 Except as expressly set out in this EULA or as specifically prohibited by any applicable mandatory law, Licensee warrants, represents and undertakes that it shall:
(i) Bear the risks for the use of this Software and possess the rights and conditions required for the running of this Software, and the Licensee must ensure that it has the right to use Android series operating systems;
(ii) Use the Software in accordance with the provisions of this EULA and all applicable laws; and
(iii) Read carefully all instructions for the use and operation of the Software before downloading, setting-up, installing or using all or any portion of the Software.
10.1 This Clause 11 and the Privacy Statement set out in Schedule 1 hereto (the "Privacy Statement") explain how we (either itself or acting through Affiliates or other third parties) collect and use your personal information. This Clause and the Privacy Statement only apply to Xinwei and the nictalk services.
10.2 The Licensee should refer to the Privacy Statement, which the Licensee represents it has read and agreed to by agreeing to the terms of this EULA.
10.3 The Licensee agrees and acknowledges that personal information means such information that can directly or indirectly identify the Licensee, including the following: the Licensee's name, ID card no., mobile number, IP address, e-mail, credit card and other payment-related details, address and certain information regarding the Licensee's use of the Software, internet browsing and surfing habits, and any other information which may be deemed personal information under applicable law and regulation.
10.4 We respect the privacy of the Licensee's personal information and we will take reasonable measures to protect the Licensee's personal information. Unless with the Licensee's consent, save for the purpose(s) of complying with law, judicial proceedings or other legal processes, requests by courts or government departments, or purposes as listed in the section headed "How nictalk uses your information" in the Privacy Statement for which the Licensee has given consent, we will not make the Licensee's personal information public or disclose them to a third party except as provided for in the Privacy Statement.
10.5 The Licensee hereby agrees and acknowledges that usage of the Software to visit third party websites could result in the collection of the Licensee's personal information by those websites, and that we and our Affiliates and their respective employees, officers or agents shall not be responsible or liable for the data privacy practices of those websites, including without limitation the collection, handling, use, processing and retention of the Licensee's personal information.
10.6 The Licensee hereby agrees and acknowledges that, in order to operate and improve the technologies and quality of our Services, we might have to collect and use the Licensee's personal information and/or provide third parties with such information and the Licensee hereby consents to the collection, use and transfer of that personal information. Further detail is set out in the Privacy Statement.
10.7 The Licensee hereby agrees, consents and acknowledges that we may collect, use, handle, process and/or transfer the Licensee's personal information for the purposes set out in the Privacy Statement.
10.8 In the event the Licensee uses specific functions of our Software, or when the Licensee requests us or its partners to offer particular services, the Licensee agrees and acknowledges that we and/or its partners may have to provide the Licensee's personal information to the relevant third parties.
10.9 To the maximum extent as permitted by applicable law and regulations, we have the right to release advertisements and/or other information during or through Services and such advertisements and/or information may appear in the form of system message or popup window, etc.
11.1 The Software requires all Licensees to use the Software jointly and to maintain the benefit and functionality provided by the Software. The Licensee hereby acknowledges, consents and agrees that the Software may make use of the Licensee's resources, such as the processor of the Licensee's mobile communication terminal and the bandwidth, for the limited purpose of allowing other Licensees of the Software to communicate with the Licensee and share the Software and the Services. Where applicable, the costs of such use by the Software of the Licensee's resources (including without limitation costs of service providers) shall be solely borne by the Licensee. The Licensee hereby agrees and acknowledges that the Licensee's enjoyment and/or experience in using the Software for communicating with other Licensees could be affected depending on the actions of other Licensees beyond the control of Xinwei and for which Xinwei , its Affiliates, employees, officers or agents shall not be responsible in any way.
11.2 The Licensee acknowledges that nictalk will use its commercially reasonable effort to protect the Licensee's mobile communication terminal resources and the privacy and completeness of the Licensee's communications via the mobile communication terminal. However, the Licensee acknowledges and agrees that Xinwei will not provide any warranty therefor.
Notwithstanding any damages that Licensee might incur for any reason whatsoever and to the maximum extent permitted by applicable law, the Licensee hereby acknowledges, consents and agrees that the entire liability of Xinwei , its Affiliates and any of its suppliers under any provision of this EULA shall be limited and in no event will Xinwei , its Affiliates or its suppliers total cumulative and aggregate liability exceed HK$5.
13.1 By accepting the EULA, Licensee agrees to indemnify and otherwise hold harmless Xinwei , its officers, employee, agents, subsidiaries, Affiliates, and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from Licensee's use of the Software or any other matter relating to the Software or this EULA.
13.2 For the avoidance of doubt, if the Licensee's breach of this EULA (including but not limited to the acts stipulated in Clause 4.1 above) or relevant terms of Service brings about any third party's claims, demands or losses to Xinwei including attorney's fees, the Licensee hereby agrees to indemnify and hold Xinwei harmless from all losses caused by said claims, demands or losses.
14.1 The Software is protected by law, including without limitation the Copyright Ordinance (Cap. 528) of the Hong Kong Special Administrative Region ("HKSAR"), International Copyright Treaties and other intellectual property laws and treaties. Licensee hereby acknowledges that all intellectual property rights in the Software (including but not limited to any images, text, audio, video, and "applets" incorporated into the Software) throughout the world belong to Xinwei , that rights in the Software are licensed (not sold) to Licensee, and that Licensee has no rights in, or to, the Software other than the right to use it in accordance with the terms of this EULA. Licensee acknowledges and agrees that Licensee has no right to access the Software in source code form.
14.2 The Licensee further agrees and acknowledges that all the contents in any advertisements and commercial information provided by Xinwei for the Licensee via the Software are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensee may only use content from said advertisements or commercial information with the written consent of Xinwei, and shall not copy, amend or compile said advertisements or commercial, or create derivative products based on the same without Xinwei's authorization.
14.3 nictalk, the nictalk logo, and other nictalk names and logos are the trademarks of nictalk, use of which for any purposes by the Licensee without the written consent from Xinwei is strictly prohibited. Xinwei reserves all rights to claim remedies against the Licensee, including without limitation damages and injunctive relief, in respect of any unauthorized use of nictalk 's intellectual property.
The EULA constitutes the entire agreement between nictalk and Licensee and governs Licensee's use of the Software, superceding any prior agreement between Licensee and Xinwei relating to the subject matter hereof. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the EULA will remain in force and effect.
16. ASSIGNMENT
Licensee may not assign this EULA, and any attempted assignment will be null and void.
This EULA will be governed by and construed in accordance with the laws of HKSAR without regard to conflict of laws principles.
This EULA is provided in English, although it may be translated into any other language at sole discretion of Xinwei or by requirement of law. In the event of any discrepancies between the English version and any other language versions, the English version shall prevail.
Xinwei is committed to protecting your privacy while providing you with the products and services that serve your needs. The operation of these products and services may require the collection and use of your personal information. This privacy statement explains how Xinwei ("Xinwei " or "We") collects and uses your personal information by the nictalk software ("nictalk") in those situations. This privacy statement only applies to nictalk and nictalk services and does not apply to other nictalk websites, products or services. Please read the following Privacy Statement to understand how nictalk uses any information collected from you through your use of nictalk.This Privacy Statement is current as of the "last updated" date set forth above. nictalk reserves the right to change this statement from time to time. By virtue of the Licensee's continued use of the Software or Service, the Licensee agrees and accepts that once the updated terms of the Privacy Statement are released, the updated terms will effectively replace the original terms of the Privacy Statement.
By installing or using the nictalk software, you acknowledge, agree and consent that your Personal Information (as defined below) will be handled as described in this Privacy Statement, which is incorporated by reference into the Software End User License and Services Agreement for nictalk ("EULA").
It is your responsibility to read and accept the terms of service and privacy policies for the websites you visit. Xinwei is not responsible for the privacy practices of other entities, including websites whose advertisements may appear on nictalk. This Privacy Statement applies solely to information collected by nictalk with your use of nictalk.
What information nictalk collects or receives from you depends on how you use nictalk, which may include the following:
"Personal Information" is information that you provide to Xinwei which personally identifies you, such as your name, mobile number, IP address, e-mail and certain information regarding the Licensee's use of the Software, internet browsing and surfing habits, or any other information which may be deemed personal information under applicable law. When you provide your Personal Information to nictalk using nictalk, nictalk receives and stores this information in order to respond to your using needs and requests. For example, we may use your Personal Information when providing you with customer technical support. You can choose not to provide your Personal Information, but then you might not be able to take advantage of all the features in nictalk.
We receive and store certain types of information whenever you interact with us. For example, upon your confirmation, we receive information from your mobile address book, which we use to allow other Licensees of the Software who has been added in your address book list to communicate with you. Like many communication software, nictalk supports the collection of your Personal Information, including but not limited to geographical location data through optional "plug-ins" and the use of other automated tools to allow other Licensees and you to share the Software and the Services. Though such information will typically be used in an aggregated way to improve our products and Services, some information we collect, may be used to offer you products and Services specifically based on your preferences and usage.
In addition, our servers automatically recognize your IP address and other technical information about your mobile device. See the section below entitled "IP Address Information" for more information.
Each time you use nictalk, your wireless telecom services operator will provide our web server with your IP address, as well as other technical information about your mobile device. In addition, our servers may look up the IP address and other information about your mobile device so that nictalk can: 1) display specific or localized content and advertisements that may interest you based on the geographic location of handheld device, or 2) to enable certain features of nictalk. We do not combine your IP address or location information with personally identifiable information about you.
Contact backup, a plug-in of nictalk, will store your mobile address book data in an encryption server provided and maintained by Xinwei. Data stored will be associated with nictalk account. We will not disclose your information to any third parties without your consent.
nictalk reserves the right to disclose your personal information when we believe such disclosure required to comply with the law, judicial proceeding, court order or other legal process; to enforce or apply the terms of the EULA; or protect the rights, property, or safety of nictalk, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction purposes. This does not include selling, renting, sharing, or otherwise disclosing Personal Information from customers for commercial purposes in violation of this Privacy Policy.
We may retain any information collected from you for the period necessary to fulfill the purposes as outlined in this Policy Statement unless a longer retention period is required by applicable law.
Xinwei is committed to protecting the security of your Personal Information. We use a variety of security technologies and procedures to help protect your Personal Information from loss, misuse, unauthorized access, use, disclosure, alteration and destruction.
We work to protect the security of your Personal Information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you provide to nictalk through Xinwei.
Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time.
Any information we collect will be securely processed, stored and archived in databases and backups that could reside outside of your
jurisdiction, including without limitation the Hong Kong Special Administration.
As with other mobile communication terminal software, nictalk could be used as a tool for harassment and breaches of security, including without limitation stalking or other criminal activities (collectively, "Risks").
In order to minimize the Risks, the Licensee may consider, without limitation, the following preventative measures:
Do not add or accept chat requests from unknown friends.
Xinwei will take commercially reasonable steps to ensure that the Personal Information we collect and store is reliable, accurate, complete and current. You may also have the right to be given a copy of any Personal Information which Xinwei holds concerning you (and for which we may charge a small fee to process) and to have any inaccuracies in your personal data that is stored by us to be corrected and/or erased.We will need you to provide us with sufficient information to establish your identity and to verify your access request and also to assist us in dealing with your request. Requests will be processed as soon as possible.
Please note, however, that we do not have control over the personal information you provide to any websites that you visit. You will need to contact these websites directly to access or modify the personal information you provide to them.
As mentioned above, you can always choose not to provide your Personal Information to nictalk, but that may prevent you from being able to use or take advantage of specific features of nictalk.
Xinwei is especially concerned about the safety and protection of the Personal Information of minors collected and used online. Xinwei does not knowingly collect or solicit Personal Information from anyone under the age of 20. If you are under 20, please do not attempt to send any information about yourself to us, including your name, address, telephone number, or e-mail address. In the event that we learn that we have collected personal information from a child under the age of 20 we will delete that information as quickly as possible. Xinwei suggests that any persons under 20 years of age should use nictalk with supervision from their parents or guardians.
Save as required by applicable law, Xinwei will not use children's Personal Information, nor will it disclose to any third party the recognizable information of children without prior approval of their parents or guardian. To the extent that children under the age of 20 have provided nictalk with their Personal Information, their parents or guardian may send a request to nictalk to review or request the deletion of his/her children's Personal Information.
If you choose to use nictalk, any dispute over privacy is subject to this Privacy Statement and the provision of the EULA, including without limitation applicable limitations on damages, arbitration of disputes, and application of the law of the Hong Kong Special Administrative Region.
Xinwei, its Affiliates, employees, officers and agents shall not be liable for
(i) any disclosure of your Personal Information as required by law or relevant governmental authority;
(ii) any disclosure of your Personal Information as a result of your own actions or negligent acts (including without limitation the disclosure by you of your Personal Information to any websites, forums, or social networking sites);
(iii) any consequence resulting from hackers, computer viruses or temporary closure of our services; or
(v) any consequence resulting from Acts of God beyond Xinwei's control.
In addition, all provisions of the EULA, including without limitation the limitation of liability and indemnification provisions shall also apply.