User Service Agreement
Last Updated: November 1, 2024
Introduction
Welcome to JOWO!
Thank you for using our products and/or services (hereinafter referred to as “JOWO Services,” “our Services,” or “Services”). JOWO Services are provided to you by CREST DIGITAL MEDIA PTE. LTD. (hereinafter referred to as “we” or “us”), with a registered address at 331 NORTH BRIDGE ROAD #22, ODEON TOWERS, SINGAPORE 188720.
User services specifically refer to the corresponding products, services, and/or functions provided through the JOWO platform, including but not limited to software, websites, services (including off-site services such as advertising services and plugins for “applying or sharing through our services”), which are limited to use in specific countries/regions. It is hereby stated that JOWO Services do not include services in Mainland China. The JOWO platform refers to the websites/mobile/TV applications or other platforms operated, managed, or owned by us (hereinafter referred to as “our platform” or “platform”).
By using our Services, you confirm that you understand and agree to this Agreement. If you do not accept any terms of this Agreement, you should immediately cease using JOWO Services.
Operational prompts, Q&A guides, user help on our platform, and other business rules, process specifications, policies, or notifications issued to you from time to time from our platform constitute part of the JOWO Service rules and this Agreement.
General Terms
Service Description
1.1 You must be at least 18 years old to use JOWO Services.
We place great importance on the protection of minors. The age definition of minors may vary in different countries/regions. If you are over 18 years old but still considered a minor under local laws, you should read the Agreement under the guidance of your guardian and obtain explicit consent from your guardian before using our Services. We have the right to request evidence of consent from the guardian when necessary.
1.2 We use various technologies to provide you with the best viewing experience. However, the quality of your accessible videos (e.g., whether high definition or 4K ultra-high definition, Dolby sound, etc., can be used) may be affected by factors such as video format, the device you use, the bandwidth you use, and/or the speed of your internet connection. It is also affected by the service benefits you may own (e.g., membership benefits).
1.3 You shall acknowledge and agree that you can only use our Services in the country/region where your account is established. The video content you can watch may vary depending on your country/region and/or the service benefits you enjoy (e.g., membership benefits), and may change sometime.
Service Usage Rules
2.1 About JOWO Account
2.1.1 You can create an account to use certain functions and services of our platform. We default to binding your account to your device. If you log in or pay through a third-party account authorization method, in addition to complying with this Agreement, you also need to comply with the relevant usage specifications of the third-party account.
2.1.2 To ensure you can smoothly use our Services, you shall acknowledge and agree that you comply with the following rules when registering and using a JOWO account:
(1) When registering a JOWO account, you should provide us with complete, truthful, and accurate registration information. Please do not use another person's email, phone number, or impersonate another person. The nickname, avatar, and profile information you submit during registration must not contain illegal or harmful information;
(2) Except through authorized third-party account login, you must not obtain a JOWO account through unauthorized or illegal methods (including but not limited to purchasing, renting, borrowing, sharing, exploiting or damaging the JOWO registration system);
(3) You only have limited usage rights for the JOWO account, and your JOWO account can only be used for personal but non-commercial purposes;
(4) You are responsible for properly and correctly keeping, using, and maintaining your JOWO account and password. You must not transfer, rent, lend, sell, share or otherwise to allow others to use it. You are responsible for all actions conducted under your JOWO account and/or through your account.
2.1.3 If you engage in the following behaviors, we have the right to suspend, permanently terminate your use of the account, log out or reclaim your JOWO account, interrupt or terminate the provision of JOWO Services to you without any liability:
(1) Based on your active request;
(2) Violating the content of this Agreement;
(3) According to laws, regulations and regulatory policies;
(4) Your account has not been used for 365 consecutive days;
(5) We have reason to hold that your behavior harms (or may harm) the legitimate rights and interests of JOWO and/or others.
2.1.4 To ensure the security of your account, we may verify your identity in various ways, including but not limited to SMS or email verification. If you refuse or cannot complete the verification, or we have reasonable grounds to suspect that your account has been stolen or has other anomalies, we may suspend/stop providing JOWO Services to you or take further measures.
2.1.5 If your account (or password) is lost due to reasons not attributable to you, you need to follow our official recovery process and provide corresponding proof materials to retrieve it. If the materials you provide are untruthful or do not meet the requirements, you may not pass our security verification. It may result in account recovery failure, and you may bear the corresponding risks and losses.
2.1.6 Account Logout
We provide a JOWO account logout function. You can send an email to joywatch2023@gmail.com to log out your account, except as otherwise provided by applicable laws and regulations or this Agreement.
We kindly remind you that once your account logout is successful:
(1) You will no longer be able to use your JOWO account;
(2) You will automatically forfeit any benefits and future expected benefits generated from using JOWO Services that have not been consumed. You have no right to request us to retrieve any content, information, data or records in your account, except as otherwise required by applicable laws and regulations and/or regulatory authorities;
(3) Once the account logout is completed, it cannot be restored.
Except as otherwise provided in this Agreement, your account logout must also meet the following conditions:
(1) The account is your own and must be registered through JOWO products;
(2) There are no pending transactions or cash assets in the account;
(3) If the account has enabled the “auto-renewal” function, please ensure that you have canceled the “auto-renewal” function;
(4) There are no unresolved disputes (including but not limited to complaints, reports, lawsuits, arbitrations and regulatory investigations) in the account;
(5) Other conditions necessary to ensure the security of your account and property rights.
You shall acknowledge and agree that your account logout does not exempt you from any responsibilities arising from the use of the account.
2.2 To protect your account security and prevent account theft or malicious account sharing, you shall acknowledge and agree that we may limit the number of devices that can simultaneously log in to the same account. Generally, the same account can only be used on the same device, and the specific restriction rules are subject to our explanations on the relevant pages or actual restrictions. We have the right to change the aforementioned restriction rules. The specific rules are subject to the rules published on the JOWO platform. If there is a conflict between the published rules and our actual restrictions, the actual restrictions shall prevail. If your account exceeds the above usage restrictions or there are cross-terminal or multi-terminal logins, we have the right to verify the account user's identity in one or more ways (SMS, email, etc.). If the verification is unsuccessful, we have the right to refuse to continue providing services to the account and/or take further measures.
2.3 Digital Content Payment and Refunds
This product provides membership subscription services. JOWO has the right to determine the standards and charging methods for the services provided and to prompt the fee standards on the relevant service pages. Users have the right to choose whether to pay the corresponding fees to continue using the paid services provided by this software. Once the subscription is successful, users cannot request a refund for any reason, except in cases where this Agreement is terminated due to force majeure or unilateral reasons by JOWO. If an unexpected failure occurs during the subscription process, please contact us, and we will do our best to help resolve your issue.
User Conduct
3.1 You should access and use JOWO Services in compliance with this Agreement and applicable laws and regulations. You may only use JOWO Services for personal, non-commercial purposes, and commercial use requires our separate written permission. You agree not to engage in or facilitate the following activities through JOWO Services (nor provide convenience and support for others to engage in the following activities). Otherwise, you shall bear all responsibilities and consequences arising therefrom, and if it causes any loss and/or adverse impact to us, you shall fully compensate and eliminate the adverse impact:
3.1.1 Endangering minors and/or others in any way;
3.1.2 Engaging in activities that infringe on the legitimate rights and interests of JOWO or others or illegal criminal activities, including providing assistance for such activities;
3.1.3 Without JOWO's prior explicit written permission, obtaining JOWO platform services, content, data (including other users' personal information) in any way (including but not limited to using any automatic programs, scripts, software such as robots, spiders, crawlers) and for any reason;
3.1.4 Circumventing, removing, altering, obstructing, destroying, or otherwise disrupting JOWO's security measures used to protect JOWO Services;
3.1.5 Without JOWO's explicit authorization, displaying JOWO's service content in whole or in part in any public place in a paid or free manner (except if your behavior does not constitute infringement);
3.1.6 Using JOWO Services in any improper manner or in violation of the principle of good faith (such as exploiting rule loopholes, system vulnerabilities, abusing membership status, black industry, speculation, etc., which violate the original intention of JOWO providing services);
3.1.7 Falsifying content (including titles) in any way to make it appear as if the content was sent by us;
3.1.8 Uploading, releasing, emailing, or otherwise transmitting software viruses, political propaganda, commercial solicitations (such as advertising letters, promotional materials), chain letters, bulk emails, or other forms of “spam,” content that infringes any person's patents, trademarks, copyrights, trade secrets, or other proprietary rights and/or content that you have no right to transmit (such as internal information, confidential information).
User Personal Information Protection
The “JOWO Privacy Policy” introduces how we collect, process, and protect your personal information and your control over personal information when you use our Services. Please read it carefully.
Intellectual Property Rights
4.1 For the content protected by intellectual property rights that you use or obtain through JOWO Services, which we own or are authorized to use (including but not limited to software, interfaces, interactive elements, logos, trademarks, signs, graphics, text, words, sounds, audio, videos, portraits, images, technologies, materials, hereinafter referred to as “JOWO Content”), we reserve all rights to JOWO Content.
4.2 You must not copy, distribute, rent, exhibit, perform, screen, broadcast, transmit, produce, adapt, translate, compile, create derivative works, or provide JOWO's content and services for sale without our authorization.
4.3 Regarding the software (and its technology) in JOWO Services:
4.3.1 You may need to download our software when using JOWO Services. For this software, we only grant you a revocable, limited, non-transferable, and non-exclusive license. You may only download and use the software for the purpose of accessing/using the Services for non-commercial purposes.
4.3.2 To improve user experience and ensure the security and consistency of products and services, we may update the software. We recommend that you update the software to the latest version.
4.3.3 You must not copy, modify, release, sell, or rent any part of our Services or the software contained therein, nor engage in reverse engineering, decompiling, disassembling, or other similar actions to extract the source code of the software.
Advertisements and Third-Party Links
5.1 You acknowledge and agree that we reserve the right to place commercial advertisements (including advertising links) or any other type of commercial information in various ways during the provision of JOWO Services, in compliance with applicable laws and regulations (including but not limited to placing advertisements in any location on the JOWO platform).
5.2 In compliance with applicable laws and regulations, we have the right to independently decide the form, duration, location, and content of advertisements without any third-party interference.
5.3 You acknowledge and agree that we may send you promotional or other related commercial information through email, SMS, or other means you provided, and we will provide you with an unsubscribe method.
5.4 Our Services may provide links to other international internet websites or resources. We will require advertisers to fulfill relevant obligations in accordance with applicable laws and regulations, but you acknowledge and agree that these advertisers and advertisement content are not controlled by us. You should carefully judge the authenticity and reliability of advertisement information. Any actions or disputes between you and advertisers or advertisement owners are your responsibility to resolve, except as otherwise provided by applicable laws and regulations. We do not assume any additional responsibility but will provide necessary assistance in accordance with the law.
Disclaimer, Limitation of Liability, and Compensation
6.1 Nothing in this Agreement affects your statutory rights as a user that cannot be altered or waived by contract. This Agreement and all disclaimers and limitations of liability included in apply to the maximum extent permitted by applicable laws and regulations only.
6.2 You acknowledge and agree that, except as otherwise provided in this Agreement or required by applicable laws and regulations, JOWO Services are provided “as is.” We do not make any explicit or implied commitments or guarantees regarding the services provided (including technology and information), including but not limited to the content in the services, specific functions of the services, their reliability, availability, or whether they can meet your needs. However, we promise to continuously improve service quality and service levels to provide users with better services. Except as otherwise provided by applicable laws and regulations, we only assume the maximum extent of liability permitted by law for the services we provide, with or without forethought. We are not liable for any indirect, incidental, derivative, or punitive losses and/or damages as well as profit loss, business reputation, business opportunities, data, or other tangible or intangible losses caused by the services. We are also not responsible for any defamatory, criminal, or other illegal acts of third parties, nor do we compensate for any losses caused to you as a result.
6.3 We only assume direct responsibility explicitly agreed upon in this Agreement. Except as otherwise provided by applicable laws and regulations or this Agreement, in any case, our total compensation liability under this Agreement does not exceed the total service fees we have charged you for providing the services.
6.4 You agree that if your actions lead to litigation or other disputes against us or third parties using JOWO Services, you agree to defend us or the aforementioned third parties and compensate us or the aforementioned third parties for any losses when we request:
6.5.1 You violate any terms of this Agreement;
6.5.2 Your actions infringe or are suspected of infringing any intellectual property rights or other legitimate rights;
6.5.3 Any person claims that your actions harm the rights of third parties.
You should cooperate with us to the best of your ability to defend against related claims. We reserve the right to independently defend and control any matters arising from your claims.
6.5.4 You acknowledge and agree that we have an obligation to disclose the identity information of any individual suspected of releasing content that violates this Agreement on our platform in accordance with the requirements of relevant judicial enforcement agencies, administrative agencies, and courts.Provided that the investigations involved in are not confidential, we are not obligated to keep the information confidential, and we are not liable for any disclosure,we may notify you of such investigations.
You acknowledge and agree that you waive any claims against us for any losses caused by actions we take during the investigation period or actions taken by us or any law enforcement regulatory agency based on the investigation results, and that you hold us harmless.
Service Changes and Termination
7.1 To the maximum extent permitted by applicable laws and regulations, we have the right to temporarily or permanently change or terminate JOWO Services (or any part thereof) based on our business development. We are not liable for breach of contract to you or any third party due to changes or termination of JOWO Services (or any part thereof). If your legitimate rights and interests are harmed due to changes or termination of JOWO Services (or any part thereof), we will provide appropriate compensation based on the confirmed actual loss after you submit a request.
7.2 To the maximum extent permitted by applicable laws and/or regulations, this Agreement, and other platform rules, we have the right to suspend or terminate your use of the account, log out or reclaim your account, or terminate your use of JOWO Services, or change, delete, or transfer content you store or release on our platform for legitimate reasons.
7.3 The termination, dissolution, or expiration of this Agreement shall not affect the continuance in force of the rights and obligations of the parties that have arisen but have not been fulfilled.
Notifications and Contact Methods
8.1 All notifications to you under this Agreement will be made through webpage announcements, emails, SMS, or other reasonable methods. Such notifications are deemed to have been delivered to you on the date of transmission. If multiple notification methods are used simultaneously, the delivery time is based on the earliest transmission time among the methods.
8.2 If you have any questions (including inquiries, complaints, etc.) about this Agreement or the use of JOWO Services, you can contact us through the following methods: (1) Send an email to joywatch2023@gmail.com; (2) Other contact methods provided by JOWO. We will respond to your feedback and suggestions as soon as possible.
About This Agreement
9.1 We may update the content of this Agreement at any time, and this Agreement will take effect immediately after the update. If such updates result in a substantial reduction or significant change in your rights under this Agreement, we will notify you through release page notifications, pop-ups, or other methods before the Agreement takes effect. Please read the updated version of this Agreement carefully before continuing to use JOWO Services. If you continue to use our Services, it means you have fully read, understood, and agreed to be bound by the revised “JOWO Service Agreement.”
9.2 You acknowledge and agree that we have the right to transfer part or all of our rights and obligations under this Agreement to our affiliates. We have the right to transfer the right to claim under this Agreement to our affiliates. Therefore, our affiliates have the right to claim under the relevant rights clauses in this Agreement (if such claims comply with applicable laws and regulations). Except for this, no other party may become a third-party beneficiary of this Agreement. You acknowledge and agree that in the event of such transfer, we do not need to provide you with any written notice. However, we guarantee that our affiliates will continue to fulfill the obligations under this Agreement, and your rights under this Agreement will not be harmed by such transfer.
9.3 The headings in this Agreement are for convenience only and do not affect the meaning or interpretation of any terms of this Agreement.
9.4 In any case, if any one or more provisions of this Agreement are deemed invalid, illegal, or unenforceable, it does not affect the validity, legality, and enforceability of the remaining provisions.
9.5 Both parties agree that, to the maximum extent permitted by applicable law, this Agreement is governed by and interpreted in accordance with the laws of Singapore.
Any dispute arising from or related to this Agreement (including but not limited to the enforcement of this Agreement) shall be resolved through friendly negotiation. Either party may also submit the dispute to the Singapore International Arbitration Centre (“SIAC”) for arbitration in accordance with the SIAC Rules in effect at the time of submitting the arbitration application. The arbitration shall be conducted in Singapore, and the arbitration tribunal shall consist of one (1) arbitrator. The language of arbitration shall be Chinese. For the avoidance of doubt, friendly negotiation is not a prerequisite for submitting the dispute to SIAC for arbitration. The arbitration award shall be final and binding on both parties.