These Terms of Use apply when you access, use or visit our website located at freegoodstories.com (the "Site"), the associated mobile application (the "Application"), and the services provided through the Site and the mobile application developed by Goodstories, its subsidiaries and affiliates (collectively as "Company", "we", "us" and "our") (the Site, the mobile application and these services constituting the "Service"). These Terms of Use ("TOS") constitute a legal agreement between the user of our products and services ("user" or "you") and the Company. It applies when a user accesses, uses or visits our Site or Service.
1. Consent
By visiting the Site, downloading the Application or using the Service, you indicate that you are bound by these TSCs. If you do not agree with these TSCs, you must not use the Site or Service, and uninstall the Application(s) if you have already downloaded them. We may change these TSCs from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you must stop using the Site and/or the Service and uninstall the Application(s). If you continue to use the Site and/or Service after the new terms apply, you will be bound by the amended Terms of Use.
2. Privacy Policy
Our Privacy Policy, located at https://www.freegoodstories.com/privacyPolicy.html, forms part of and is governed by these TSCs. By accepting these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use the information collected from you in accordance with their terms.
3. Dispute Resolution Notice
These SCDs contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and an obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt out of arbitration as described below. If you are not aware of the arbitration, you will only be permitted to pursue claims and seek relief against us on an individual basis, and not in a class or representative action or proceeding.
4. Affirmative representations
When you use the Site or Service, you represent that: • your use of the Site or Service does not violate any applicable law or regulation; • You are over the age of 18 or, if you are not, between the ages of 13 and 17 and a third-party parent or legal guardian has agreed to these Terms of Use. • you are of sufficient legal age or have the legal capacity to legally enter into these T&Cs.
5. Prohibited Activities
You agree that, in connection with your use of the Service, you must not: I. use the Service for any unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited emails or other electronic communications, or engaging in unauthorized framing or linking to the Service without our express written consent; II. transmit chain letters, bulk or junk emails or interfere with, disrupt or create an undue burden on the Service or networks or services connected to the Service, including, without limitation, hacking the Service or using the system to send unsolicited or commercial emails, newsletters, comments or other communications; III. impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary rights, of any person or entity; IV. decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense the Service, or any part thereof; or V. circumvent, disable or otherwise interfere with the security-related features of the Service or features that prevent or restrict the use or copying of any Material (as defined in Section 6) or impose limitations on the use of the Service or Material on the Service.
6. Our intellectual property rights
All audiobooks, copyrighted computer code, trademarks, service marks and logos contained on the Service ("Materials"), are owned or licensed to us and are subject to copyright and other intellectual property rights under the Hong Kong Special Administrative Region and foreign laws and international conventions. The Service and materials are intended for your information and personal use only and not for commercial exploitation purposes. We reserve all rights to the Service and Materials.
7. Our management of the Service; User Misconduct
A.Our right to manage the Service. We reserve the right, but do not assume any obligation to: (a) monitor or review the Service for violations of these Terms of Use and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against any person who violates these Terms of Use; (c) manage the Service in a manner designed to protect our rights and property and those of third parties or to facilitate the proper functioning of the Service and/or (d) screen our users or members, or attempt to verify the statements of our users or members. B.Our right to terminate users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR UNDERTAKING CONTAINED IN THESE TERMS OF USE, OR ANY APPLICABLE LAW OR REGULATION.
8. Third-party app stores
You acknowledge and agree that the availability of the Service may be dependent on third party websites from which you download the Service, e.g., the Apple App Store or Google Play Store (each a "Third Party App Store"). You acknowledge that these Terms of Service are between you and Company and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
9. Premium Services and In-App Purchases
Access to the Platform, or to certain features of the Service (the "Premium Services"), may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars, which are non-refundable and non-transferable. We reserve the right to determine pricing
for the Service. We will make reasonable efforts to keep pricing information published on the website and the mobile
application up to date. We encourage you to check our website and the mobile application periodically for current
pricing information. We will charge the payment method you
specify at the time of purchase. You authorize us to charge to that payment method all sums for orders that you make
and any level of Service you select as described in these Terms or published by the Company. If you pay any fees
with a credit card, We may seek pre-authorization of your credit card account prior to your purchase to verify that
the credit card is valid and has the necessary funds or credit available to cover your purchase. Payment processing
services are provided by the third-party service through which the purchase is made (e.g., Apple In-App Purchases,
Google Play, PayPal). All purchases may be subject to taxes
and other fees, including, without limitation, foreign exchange fees or differences in prices based on location
(e.g. exchange rates). We may calculate taxes payable by you based on the information that you provide us via your
Account or at the time or purchase.
10. Third Party Sites
The Site may contain links to websites operated by third parties ("Third Party Sites"). For example, you may be able to share our app or other information on Third Party Sites (e.g., Facebook, Whatsapp), or share our app in the form of picture on Third Party Sites (e.g., Instagram), both of which through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms of SERVICE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE through links or other MEANS provided on or through the service, you SHOULD REVIEW THE THIRD PARTY SITE'S TERMS AND CONDITIONS and PRIVACY POLICY, AND INFORM yourself OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.
11. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May
Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court (1) Initial Dispute Resolution We are available by email at the address of goodstoriesservice@gmail.com
for answering any concerns a user may have regarding the Service. Most concerns may be quickly resolved in this
manner. For any dispute you have with the Company, you agree to first contact us and attempt to resolve the dispute
with us informally. We each agree to resolve any dispute arising out of or in connection with, or relating to this
Agreement directly through consultation and good faith negotiations, which shall be a precondition to either party
initiating a lawsuit or arbitration. (2) Agreement to Binding Arbitration
In case that we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section "Initial Dispute Resolution" above, then either party may initiate binding arbitration. All claims arising out of or relating to these ToS (including its formation, performance and breach), the parties' relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the Hong Kong International Arbitration Centre in accordance with the provisions of the Arbitration Ordinance, excluding any rules or procedures governing or permitting class actions. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these ToS, including, but not limited to, any claim that all or any part of these ToS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these ToS shall be subject to the Arbitration Ordinance. (3) (3) Exclusive Venue for Litigation The parties agree that any litigation between them shall be filed
exclusively in courts located in Hong Kong. The parties expressly consent to exclusive jurisdiction in Hong Kong
for any litigation.
12. Warranty Disclaimer; Limitation on Liability
A.Disclaimer of Warranties I. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL Materials, CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH the Service ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the Service, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY the Service, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the Service. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms of Service. YOU AGREE THAT YOUR USE OF The Service WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Service AND YOUR USE THEREOF. II. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF the service's CONTENT, THE CONTENT OF ANY SITE LINKED TO the service, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON the service OR LINKED TO BY the Service. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA the Service. B.Limited Liability TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Service, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of Service, OUR LIABILITY TO YOU IN RESPECT OF ANY
LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms of Service, WHETHER IN CONTRACT,
TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
13. Infringement of Intellectual Property Rights
We respect the intellectual property rights of others and
desires to offer a Platform that contains no material that violates the intellectual property rights of others. If
you believe in good faith that your intellectual property rights have been infringed through use on the Platform,
you may notify us by email at: goodstoriesservice@gmail.com with "Notice
of Infringement" in the subject line, which contains: • A physical or electronic signature of a person authorized to act on
behalf of the owner or an agent of an exclusive right that is allegedly infringed;
• Identification of the copyright claimed to have been
infringed; • Identification of
the material that is claimed to be infringing, and where it is located in the App or Service, as
applicable; • Information
reasonably sufficient to permit us to contact you; • A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and; • A statement that the above information
is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. We respect the intellectual property rights of others and will
respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the
requirements of this section, your notice may not be valid.
14. Independent Contractors
Nothing in these Terms of Use shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
15. Non-Waiver
Our failure to exercise or enforce any right or provision of these Terms of Use shall not function as a waiver of the applicable right or provision.
16. Severability
These Terms of Use operate to the fullest extent permitted by law. If any provision or part of any provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
17. Assignment
We may assign our rights under these Terms of Use without your approval.
18. No changes by our employees
If any of our employees propose to change the terms of these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on or rely on any statement or communication by our employees or any other person purporting to act on our behalf.
19. Applicable law
These TSCs shall in all respects be governed, construed and enforced in accordance with the laws of Hong Kong.
20. Contact Information
If you have any questions about these Terms of Use or your account, please contact us at goodstoriesservice@gmail.com.