LOGY Inc., 1201 Orange Street, Suite 600, City of Wilmington, Delaware, 19801, hereinafter referred to as the (“LOGY”) reminds you (“Member”) to read this Agreement carefully, thereby making sure fully understand all the terms and conditions of this Agreement before registering as Member of the Services. Please read this Agreement carefully to decide whether or not to accept this Agreement. Unless you accept all the terms and conditions of this Agreement, you do not have the right to register as Member of the Services, to log into your accounts or to use any of the Services of this Agreement. Your use, registration and access to the Services are conditioned upon your compliance and acceptance of all the terms of and conditions of this Agreement.
This Agreement defines the rights and responsibilities between LOGY and Member for use of the LOGY’s website, products and services and associated software (collectively, the “Services”). You or Member refers to the individual or the entity that is registering, using or accessing the Services. This Agreement can be changed by LOGY at any time. The new terms, which can be viewed by Member at this website, of a changed Agreement substitute the old terms of an original Agreement immediately without further notice. If you do not accept the terms of the changed Agreement, please stop use the Services immediately. Your use of the Services is conditioned upon your compliance and acceptance of all the terms of and conditions of the changed Agreement.
1. Account registration
- Member must register an account of LOGY before using the Services. The account of LOGY should be registered through, as well as bound with, a mobile phone number. Member should use a mobile phone number that has not yet bound with an account of LOGY or that has not banned by LOGY in accordance with this Agreement to register an account of LOGY. LOGY may change the method of account registration based on the needs of customers or products without further notice to Member.
- ii. Give the method of account registration, you agree that LOGY can use the mobile phone number provided by you and/or can extract your mobile phone number automatically and/or can extract your International Mobile Equipment Identity (IMEI) automatically and/or other information at registration for registering an account of LOGY.
- When Member registers an account of LOGY or uses the Services, LOGY needs to collect information that can identify the identity of Member so that LOGY could contact Member whenever needed or could provide better experience for Member. The information collected by LOGY includes but not limited to the name, fields of interest, emails and phone numbers.
LOGY will provide the Services in accordance with this Agreement at LOGY’s discretion. The Services include but not limited to authorizing Member, through its account, to conduct synchronous communication, to invite and add other Members, to join group chats, to follow other Members, to post comments, to record conferences and to upload videos of the fields of interest cited in the LOGY platform. LOGY may at its sole discretion, discontinue the Services or modify the features of the Services from time to time. Member will receive notification in regard to the change of the Services.
LOGY puts its platform www.LOGYTalks.com for web-based videoconferencing and livestreaming events and conferences. Three types of conferences are allowed on the platform:
- Public Conference: The Member organizing the conference choses to make it public so everyone member of the platform can attend. This conference will be posted on the upcoming conferences and will be recorded to be featured under previous/past conferences section.
It is also posted on the landing page for guests to watch. Guests need to provide emails and fields of interest.
- Private conference with invitation: The Member organizing the conference sends emails and invitation codes to invitees. This conference will be shown on the platform under upcoming conferences. Only members of the platform who have codes/invitations can attend. The Member organizing choses to record the conference. If it recorded, it will be shown on past/previous conferences section.
- Business Conference: Member organizing this conference sends emails and invitations to his/her invitees. This conference will not be shown on the platform. The Member organizing this conference choses to record it. If it is recorded, it will be shown only on his account and those who attended the conference.
3. Beta Version
At this stage, LOGY is releasing beta Version to test its features and take Members feedback to enhance its services and utilities:
- LOGY may offer certain service as open or closed Beta Services for the purpose of testing and evaluation.
- The Member agrees that the Company has the sole discretion to determine the time and parameters for such testing and evaluation.
- The Company shall be the final deciding authority on converting the Beta services into commercial services.
- The Member will be given 3 conferences to create and 3 conferences to attend under no obligation to subscribe to Premium or Platinum after this trial.
After use of one or the two items and if the member chooses not to pay for Premium or Platinum plan, he/she will continue to use the platform as a Basic member.
- LOGY reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to the Members.
- The Member agrees that LOGY will not be liable to the Member or any third party for any losses or damages arising as a result of any modification, suspension or discontinuance of any of the Beta Services for any reason.
- Member needs to choose a Subscription Plan based on his interest in the features and services provided by the platform. The Member shall pay for the selected plan and the services availed through the Platform directly to LOGY in any of the prescribed modes of Payment Methods:
- Debit Card
- Credit Cards
- Amex Card
- Stripe gateway
- The Member is solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Member.
- The payment is processed through a third-party gateway and the Member shall be bound by the third party’s terms and conditions.
- iv. The Member cannot seek a refund on the payment or cancellation of services made at any point of time as the Member has the option of availing the services on a trial basis for a fixed period of time initially and only on being satisfied with trial makes payment for a subscription.
- In the process of account registration or using the Services, Member may need to provide certain necessary information such as personal identity information required by laws and/or regulations. If the information provided by Member is incomplete or does not conform to these laws and regulation, Member may not use the Services or may be restricted in the process of using the Services.
- Personal Information refers to information concerning the identity of an individual or an entity or the privacy of an individual or an entity, such as Member's real name, mobile phone number, IMEI, IP address, payment information, Member's chat record. Information that is not concerning privacy of an individual or an entity refers to the operational status, as well as operational custom, which is objectively reflected in LOGY's servers, of Member using the Service. The information not concerning privacy includes basic record in the servers, general information not concerning Personal Information, and Personal Information that Member agrees to release.
- LOGY is committed to protecting the Personal Information of Member. LOGY utilizes security technologies and other necessary measures to help protect your Personal Information, avoiding the leak, damage and/or loss of Personal Information concerning the privacy of Member collected by LOGY in the process of Member using the Services. If the scenarios above occurred or LOGY realizes the possibilities of the occurrence of above scenarios, LOGY will take remedial measures in a timely manner.
- Except circumstances below, LOGY does not share Personal Information of Member with third parties unless you have granted us permission to do so:
- LOGY provides Personal Information of Members in accordance with laws and regulations or instructions given by relevant authorities.
- Member shares password to others or uses same account and passwords with others resulting in leak of Personal Information or leak of Personal Information not caused by LOGY.
- Member shares Personal Information to a third party.
- Member and LOGY and/or LOGY’s partners reach an agreement in regard toMember’s Personal Information, allowing LOGY to release Member’s Personal Information to the partners.
- The leak of Personal Information caused by hacker attack, computer virus, or Force Majeure.
- Member agrees that LOGY could use Member’s Personal Information in the circumstances below:
- LOGY sends Member important notifications such as software update or changes of this Agreement.
- LOGY conducts audit, data process or research internally to improve LOGY’s products, services and communications with consumers.
- LOGY manages, examines Member’s information and of which take necessary measures in accordance with this Agreement.
- Circumstances prescribed by laws and regulations.
- LOGY will not use Member’s Personal Information for other purposes unless you have granted us permission to do so.
- LOGY prohibits any underage Member. The minimum age to register in LOGY’s Platform is 18 years old.
- Member confirmation, as well as Member’s geo-location data, is not Personal Information. Member’s completion of account registration signifies that Member authorizes LOGY to extract, publish Member’s geo-location data. Member’s geo-location data is of Member’s public record, allowing LOGY to publish to other customers.
- For improving LOGY’s technologies and services and providing better experience for LOGY’s customers, LOGY could collect Member’s information, as well as share the information to third parties, which does not concern Member’s privacy.
6. Content of your communication
- The Content of this article refers to the materials produced, uploaded, copied, published and/or transmitted by Member in the process of using the Services. Content includes but not limited to account registration information such as account profile picture, account name, account statements, account verification information, as well as words, voice messages, pictures, videos and/or information sent, replied, automatically replied by Member, relevant linked websites, and all other materials generated in the process of using Member’s account and/or the Services.
- Member agrees not to use LOGY account or the Services to produce, upload, copy, publish, and/or transmit materials prohibited by laws, regulations and/or policies:
- against basic principles defined by any local Constitution;
- threatening national security, leaking secrets, subverting state, damaging national unity;
- damaging national honor and interests;
- inciting ethnic hatred, ethic discrimination, damaging ethic unity;
- damaging national religion policy, advocating heresy and/or superstition;
- spreading rumors, disturbing orders of the society, damaging unity of the society;
- spreading obscenity, gambling, violence, horror and/or abetting crimes;
- insulting and/or libeling others, infringing rights of others;
- disobeying fundamentals of laws and regulations, national interests, legal rights of citizens, orders of society, morality, informational trueness.
- Containing sensitive information in regard to politics, religion or morality.
- Member should not use LOGY account or the Services to produce, upload, copy, publish, spread information below, disrupting LOGY’s normal operation and/or violating interests of others or any third parties:
- containing any sex or sexual implications;
- containing information of abuse, intimidation and/or threatening;
- containing information of harassment, spam, malicious, and/or fraud;
- concerning with privacy of materials of other individuals, or entities;
- violating reputation, right of portrait, intellectual property, trade secrets, and other legal rights and interests of others;
- containing other information that also disrupts the normal operation of the Services and/or the legal rights of others and/or third parties.
- Member Comments
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for Members to post and exchange opinions, information, material and data ('Comments') in areas of the website. LOGYTalks does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of LOGYTalks, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws LOGYTalks shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- LOGYTalks reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of Service.
- You warrant and represent that:
- 1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- 2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party.
- 3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- 4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- 5. You hereby grant to LOGYTalks a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
7. Rules on use
- All information transmitted, published by Member in the process of using the Services does not reflect, represent and should be not viewed as reflecting or representing LOGY’s opinions, positions, or policies and LOGY does not assume any responsibilities.
- Member should not use LOGY’s account or the Services to conduct activities below:
- submitting, publishing false information, or stealing profile pictures of others, pretending to be others;
- forcing, soliciting others to follow or to click linkages or to share information;
- fabricating information, hiding trueness to mislead or to deceive others;
- using technological measures to create massive amount of accounts;
- using LOGY account or the Services to conduct illegal behaviors;
- producing, publishing means, tools of behaviors above or manipulating, transmitting these means and/or tools, whether or not for commercial purposes;
- violating other laws and regulations, legal rights of citizens, disrupting normal operation of LOGY or behavior without LOGY’s explicit authorization.
- Member must be responsible for the trueness, legality, innocuousness, accuracy, effectiveness of the information when using LOGY account or the Services. Any legal responsibilities transmitted by Member should be undertaken by Member alone and do not concern LOGY. If Member causes damage to LOGY or any third parties, Member should indemnify in accordance with laws and regulations.
- The Services provided by LOGY may include advertisement. Member agrees that advertisements provided by LOGY, third parties and/or partners may be displayed in the process of using the Services. Unless prescribed by laws and regulations explicitly, Member should be responsible for making transactions concerning these advertisements. If Member suffers any loss or damage due to making transactions based on the advertisements provided by LOGY, any third parties and/or partners, LOGY does not undertake any responsibility.
8. Account Management
- The ownership of any LOGY account belongs to LOGY. Member obtain the right to use LOGY account after the completion of account registration. The right to use belongs to the person who has registered the account. Granting, borrowing, renting, transferring and/or selling are prohibited. LOGY has the right to retrieve LOGY account at discretion.
- Member can change, delete LOGY account’s information of profile, registration, transmitted content etc., meanwhile deleting this information will also erase content, as well as pictures, stored by Member in the system. Member undertakes the risk alone.
- Member has the responsibility to store account information properly and to ensure the safety of account password. For loss of account and/or password caused by inappropriate storage, Member undertakes the responsibility alone. Member undertakes legal responsibility for the action generated by the registered account. Member agrees that, in any circumstance, Member will not use account and password of others. When Member suspects others using Member’s account and/or password, Member agrees to inform LOGY immediately.
- Member compliances all clauses of this Agreement and uses the Services correctly, appropriately. For Member violating any clauses of this Agreement, LOGY has the right to suspend or terminate the Services provided to Member in accordance with this Agreement. LOGY also reserves the right to retrieve LOGY’s account, Member name from Member.
8. Data Storage
- LOGY is not responsible for the removal or storage failure of the relevant data in Member using the Services.
- LOGY can decide the maximum period of Member’s data storage in the Services at its discretion, as well as allocate Member the maximum space of data storage at LOGY’s servers. Member can make backup for the relevant data in the Services.
- If Member stops using the Services or the Services terminate, LOGY can remove Member’s data permanently from LOGY’s servers. When the provision of the Services stops, LOGY has no obligation to return Member any data.
10. Limitation of liability
- Member understands and agrees that LOGY is a platform for Member to share, transmit and obtain information. Member must be responsible for any action acted through Member’s account including any content transmitted through Member’s account, as well as any consequence resulted from the transmission of the content. Member must assess any content transmitted through LOGY or the Services independently and undertakes all risks resulted from the use of the content, as well as the reliance on the correctness, integrity and practicality of the content. In no event LOGY will be liable for any loss or damage caused by Member whatsoever arising out of the use of or inability to use the Services or the provision of or failure to provide technical or other support services. If Member realizes anyone violating this Agreement or using the Services inappropriately, please inform LOGY immediately; LOGY will process the incident in accordance with this Agreement.
- Member understands and agrees that LOGY reserves the right to change, suspend, terminate and/or withdraw the Services in part or in whole unilaterally.
- Except that owners possess the intellectual property towards the advertisements shown in the Services, LOGY possesses all the intellectual property towards any content of the Services, including but not limited to webpages, words and statements, pictures, audio files, video files, graphics etc.
- Unless other special statements have been made, the copyright, patents, and other intellectual property rights of the software on which is relied to the provision of the Services are of LOGY.
- Any graphics, words and statements or combinations of both that are part of the Services, as well as the copyrights and trademarks of LOGY’s logo, products, name of the Services (hereafter LOGY’s logo) are of LOGY. Without LOGY’s written permission, Member has no right to display LOGY’s logo, as well as to use it, in any forms. Member further cannot indicate that Member has right to display, use and/or manipulate LOGY’s logo in any forms.
- All the intellectual property rights above or else applicable to LOGY and/or to the owners of the advertisements are protected by law. Without written permission from LOGY or the owners of the advertisements, Member cannot use and/or create by relying on the content protected by the intellectual property rights.
- If LOGY finds Member violating this Agreement or receives complaints or reports from others of such, LOGY has right to sanction by deleting the content concerning the violation or complaints, including but not limited to Member’s profit, chat record without notice. LOGY also has right to penalize the account violating this Agreement by give warning to Member, banning the account, banning the equipment and banning the functions of the Services in part or in whole. The penalty will be notified to Member.
- Member whose account banned for violating this Agreement can contact LOGY’s customer service to inquiry the reason of why the account is banned and the length of the penalty. The Member can also make appeal to the penalty through LOGY’s website and LOGY will examine the appeal and judge whether or not to change the penalty at discretion.
- Member understands and agrees that LOGY has right to judge and penalize Member for violating this Agreement, as well as relevant laws and regulations. LOGY can take necessary legal actions against Member violating this Agreement, as well as relevant laws and regulations, and store relevant information which may be reported to authorities. Member undertakes all legal responsibilities arising from the actions.
- Member understands and agrees that, for violating this Agreement, any claims, demands, loss, including legal expenditures, made against LOGY by any third parties, for which Member should compensate LOGY and LOGY’s cooperated or associated companies from the loss.
13. Force Majeure
- Member understands and confirms that, in the process of using the Services, Member may encounter extraordinary events or circumstances beyond the control which result in the suspension of the Services. Extraordinary events or circumstances beyond the control refer to events that are unforeseeable, unsurmountable and unavoidable that cause significant impact on either one or both parties and that include but not limited to natural disasters such as flood, earthquake, spread of pandemic, windstorm, as well as social events such as war, riot, acts of governments etc. With the occurrence of events above, LOGY will cooperate with relevant authorities timely to restore the Services. But LOGY is not liable for any loss undertaken by Member and/or third parties if such loss is as a result of the events above.
- Same as most other Internet services, the Services is affected by factors including but not limited to Member’s factors, internet service status, and social circumstances; is attacked by safety and security issues, such as others using Member’s data to cause harassment in real life. Member downloading and installing other software or accessing websites that contains “Trojan virus” which threaten Member’s computer and data safety may affect the use of the Services. Member should be aware of the significance of information safety, of data protection, and of password protection, to avoid loss and harassment.
- Member understands and confirms that the provision of the Services is subject to risks, which include extraordinary events or circumstances beyond the control, computer virus, hacker’s attack, system instability, Member’s location, Member turning off computer, as well as other technologies, Internet status, communication status, that the Services could be interrupted or do not satisfy Member’s demands. LOGY is not liable for any loss undertaken by Member or any third parties due to the risks above.
- Member understands and confirms that, in the process of using the Services, LOGY is not liable for any loss undertaken by Member or any third parties resulted from information that is misleading, fraudulent, defamatory, resentful and/or illegal, as well as information that assumes the rights and/or names of others, as well as the acts derived from the information above.
- Member understands and confirms that LOGY needs to maintain and/or service the LOGY system and associated equipment from time to time, for which the interruption of the Services, within a reasonable period of time, does not impose any liability on LOGY. LOGY should make announcements prior to the maintenance or service.
- LOGY has the right to process the content violating laws, regulations and the Agreement. The right does not constitute LOGY’s duty or promise. LOGY may not identify and/or process the content timely.
- Member understands and confirms that, in regard to the loss caused by the flawed products and/or services below, LOGY is free from any liability:
- The service provided to Member by LOGY;
- The product and/or service granted to Member by LOGY.
- In any circumstances, LOGY is not liable and/or undertake any responsibility for circumstantial, consequential, punitive, chance, special, and/or criminal loss, which include the loss of profits resulted from Member using the Services even if the has been informed about the possibility of the loss.
14. No Warranties
- Given the particularity of Internet service, Member agrees that LOGY has the right to amend, suspend or terminate part or all the Services.
- In any one of the circumstances below, LOGY has right to amend, suspend or terminate the Services without undertaking any liability to Member and any other third parties:
- Member should provide real information in accordance with relevant laws and regulations but failed to provide correct information of person or entity, or the information provided by Member is inconsistent with the information provided during the account registration without reasonable proof.
- Member violated relevant laws and regulations and/or the Agreement.
- Required by laws and regulations and requests made by relevant authorities.
- Reasons are of safety or other necessary circumstances.
15. “Cloud” service
- LOGY’s “Cloud” service is to provide Member information storage service module and basic online storage as well as other online services through cloud technology. LOGY’s “Cloud” service itself does not directly upload content, provide content, amend or edit the content transmitted or given by Member.
- All Public Conferences streamed on the platform will be recorded and stored in the Previous/Past Conferences.
- Member organizing Private with Invitation Conference choses to record the conference. If it is recorded, it will be stored in the Previous/Past Conferences.
- All uploaded videos are subjects to approval by LOGY before posting them in the appropriate categories.
- LOGY reminds Member paying attention to the Articles that free LOGY’s liability and constraint Member’s rights. Member should read the clauses carefully and take the risks into consideration.
- The validity, explanations, as well as finding solution to disputes, of this Agreement are within the jurisdiction of State of Delaware Laws. Any dispute arising between Member and LOGY shall be settled through friendly consultation. If the dispute cannot be settled through consultation, Member agrees to submit the dispute to Delaware’s Court, which has the jurisdiction to rule the dispute, in the location of LOGY.
- If any provision of this Agreement shall be found to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of this Agreement shall not be affected, and the legality, validity and enforceability of the whole of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.