Terms and Conditions
1. Introduction
Please read these terms and conditions (these "Terms") carefully as they apply to your use of this website and mobile application (the "Platform") and the steps and procedures that may take place.
The contracting entity is Ztor Limited ("Ztor", "we", "us" or "our"). We are a limited company incorporated in Hong Kong.
By using this Platform you agree to comply with and be bound by these Terms. Please be aware that as the Platform continues to develop, we may add new services and features to our Platform. In the event that these additional services and features affect these Terms, these Terms may be amended as appropriate. We reserve the right to modify or replace these Terms at any time. Any change shall take effect when they are posted on the Platform. Each time you continue to use the Platform, you will be deemed to have accepted any changes to the Terms.
2. Registration
You may be required to register with us in order to access certain parts of the Platform. Where you are required to register:
only one registration per person is allowed;
you must provide us with accurate, complete and up to date registration information and must not provide us with any false or misleading information;
you must not impersonate or attempt to impersonate another person;
you must safeguard any user name and password which we provide to you; and
you authorize us to assume that any person using the Platform with your user name and password is either you or is authorized to act for you.
If you believe that someone else may have access to, or may be using your log-in ID or password, you must notify us immediately by emailing us via the Contact Us page. If you authorize any person to act for you in relation to the use of the Platform, you will ensure that they comply with these Terms at all times.
We reserve the right to disable any log-in ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user are proved to be false.
3. Access
It is your responsibility to ensure your computer system meets and is compatible with all the necessary technical specifications to enable you to access and use the Platform.
We may, from time to time, restrict or disable access to certain features, parts or content of the Platform, to users who have registered with us.
Our goal is to minimise disruption caused by technical errors, however we cannot guarantee the continuous, uninterrupted or error-free operability of the Platform. There may be times when certain features, parts or content of the Platform, or the entire Platform, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Platform, or any features, parts or content of the Platform.
We are not responsible if you cannot access our Platform properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or devices or the Internet.
4. Transactions Concluded Through the Platform and Credits
We, through this Platform, provide a platform to facilitate payment transactions for the purchase of credits ("Popcorns") for the viewing of movies, dramas, mini/short movies and mini/short dramas (each and collectively, the "Content").
Purchase of Popcorns
Each Content is priced using Popcorns. You understand that you are required to purchase and consume Popcorns through the sales channels recognised by Ztor in order to use specific features on the Platform (such as for the viewing of Content). You understand and agree that the purchase of Popcorns and Popcorn Packages("Popcorn Packages") is a deliberate conduct, and is non-refundable and cannot be redeemed for cash. You understand and agree that all Popcorns purchased by you shall automatically expire after 12 months from the date of purchase. If you proceed to and successfully purchase Popcorns within 12 months from the previous date of purchase (the "Subsequent Purchase"), the expiry date of all Popcorns shall be automatically extended by a further 12 months commencing from the date of Subsequent Purchase. You can find specific details regarding your Popcorn balance with Ztor by visiting our Platform and clicking on the "My Account"->”Profile Overview link available at the top of the pages of the Platform.
Payments
Your Payment Method and other information needed to bill your account for Popcorn purchases (collectively, "Billing Information") will be collected by an independent third party payment processor selected by Ztor (the "Payment Processor"). If and to the extent Ztor has access to your Billing Information, your Billing Information will be used by Ztor in accordance with its Privacy Policy, but the use of your Billing Information by any Payment Processor will be governed by such Payment Processor’s own independent privacy policy, and in the event the Payment Processor fails to comply with its own privacy policy or experiences a data breach that affects any of your Billing Information, Ztor will in no way be responsible or liable to you for such activity. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your account. When you provide a Payment Method, the Payment Processor will attempt to verify the information you entered. The Payment Processor will do this by processing an authorization hold, which is a standard practice. You acknowledge that you will be charged immediately for Popcorns and Popcorn Packages that you purchase and charges are non-refundable.
Promotional Offers and Free Popcorns
We may from time to time offer special promotional offers, including without limitation gifting of free Popcorns which must be consumed by the prescribed date ("Offers"). Offer eligibility is determined by Ztor at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. All Free Popcorns shall expire 12 months from the date of the Offer.
Gift and Transfer of Free and Purchased Popcorns
You are entitled to directly transfer/gift free and purchased Popcorns to other registered users of the Platform (the "Transferred Popcorns"). The recipient of the Transferred Popcorns is not permitted to make further transfers of the same. The recipient shall be entitled to [X] months to consume the Transferred Popcorns before expiry. All Transferred Popcorns shall be deemed to be consumed by the sender.
5. Content and Disclaimers
Pricing
You acknowledge and agree the pricing of each Content may be adjusted and updated from time to time by Ztor’s relevant Licensor at their sole discretion without giving prior notice to you. Ztor shall not be responsible for any swings in pricing of Content.
Purchase and Consumption of Content
Upon the purchase of each Content, you shall be entitled to unlimited viewing rights to the same within the relevant prescribed viewing period, subject to the prescribed take-down date. You agree that Ztor shall not be liable for any failure by you to consume the purchased Content in such instances.
Gifting of Content
You and Ztor may gift Content to other Ztor users (the "Gifted Content"). Upon gifting, the sender of the Content shall immediately relinquish all viewing rights to the recipient. In the event the Gifted Content is NOT accessed by the recipient within the prescribed viewing period, both the sender and the recipient shall forfeit all rights to view the Gifted Content. Gifted Content is a non-refundable purchase. Upon gifting, the sender will not be refunded the Popcorn(s) used for the purchase of the Gifted Content in any circumstances.
Disclaimers
We may change the format and content of the Platform from time to time. You agree that your use of the Platform is on an "as is", "as available" basis condition at your sole risk.
We make or give no condition, representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded, although we do not exclude or limit our liability to you for any fraudulent misrepresentation we make via the Platform or any other liability to the extent it may not be excluded or limited in accordance with applicable laws.
Whilst we try to make sure that all information contained on the Platform (other than any user-generated content, if any) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check any information on the Platform and exercise your own judgement before acting upon any of the information available to you on the Platform. You must evaluate, and bear all risks associated with, the use of any content of the Platform, including reliance on the accuracy, completeness or usefulness of any content of the Platform. All information provided on or via the Platform is for information purposes only. You should seek your own independent advice with respect to any content of the Platform.
We cannot and do not guarantee that any content of the Platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
If your use of the Platform results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
6. Your use of the Platform
You may only use the Platform for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Platform on a computer screen, mobile device, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms and conditions may also apply to certain features, parts or content of the Platform and, where they apply, will be displayed before you access the relevant features, parts or content and will prevail over these Terms to the extent of any inconsistency.
You must not:
disrupt or interfere with the Platform or servers or other software, hardware or equipment connected to or via the Platform;
violate any applicable laws relating to your use of the Platform;
collect or store personal data about other users of the Platform;
store pages of the Platform on a server or other storage device connected to a network or to the internet, or to create an electronic database by systematically downloading and storing all or any of the pages of the Platform; or
remove or change any content of the Platform or attempt to circumvent security or interfere with the proper working of the Platform or the servers on which it is hosted.
All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of the above.
Reviews, Comments, Communications and Other content
You may post reviews, comments, photos, videos, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. Ztor reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Ztor a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ztor and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ztor for all claims resulting from content you supply. Ztor has the right but not the obligation to monitor and edit or remove any activity or content. Ztor takes no responsibility and assumes no liability for any content posted by you or any third party.
7. Third Party Providers
You acknowledge that certain parts of the Platform or certain content of the Platform are provided or maintained by third parties and not by us. Your correspondence or dealings with any third parties are solely between you and such third parties, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.
We also do not guarantee the quality, reliability or suitability of the services provided by any third parties, made available, advertised or linked through our Platform, and we will bear no responsibility for your use of or relationship with the services provided by any third parties. If you access third party services through our Platform, you must comply with any terms and conditions applicable to those services.
We may review content or third party services made available through our Platform to determine whether or not they comply with any of our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our services.
8. External Links
On the Platform you will find a number of links to other websites. Although these websites are selected with care, we are not responsible for the content or accuracy of any off-Platform pages or any other Platforms linked to this Platform (including those Platforms linked through advertisements or through any search engines). We are also not responsible for the processing of your personal data through these websites. The fact that we include links to such external websites does not imply any endorsement of, or association with such operators, content or opinions. Your use of websites linked from the Platform is subject to any terms and conditions applicable to those websites.
9. Intellectual Property Rights
You acknowledge that content on the Platform may be subject to trade mark, copyright and other intellectual property rights. All intellectual property rights in any content of the Platform (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors.
Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property rights owned by us or our licensors, and you acknowledge that you do not acquire any right, title or other ownership rights by downloading content from the Platform. Downloading any material from the Platform is permissible only to the extent necessary to view the Platform and/or to make one hard copy of the content of the Platform provided it is for personal use only and that any such copy includes any copyright or other intellectual property rights notices or legends contained on the Platform. Further, you shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of the Platform in any way for any public or commercial purpose without our prior written consent.
10. Search video information
When the user enables the "Search Video Information" function, the Ztor platform will automatically search and fill in the video name and related information entered by the user through relevant technologies and network resources. All content generated by this function, regardless of its source, will be considered user-generated content.
Users understand and agree to the following:
The content generated and displayed by the "Video Information" function may contain information from third parties, the accuracy, timeliness or completeness of which is not under the control of Ztor.
Ztor does not assume any warranty for the information displayed through this function, nor does it guarantee that the information is suitable for a specific purpose.
If the content involves disputes over copyright or other third-party rights, Ztor reserves the right to remove the content at any time and does not assume any related legal responsibility.
By using this function, users agree that such content is part of their usage and is subject to all terms of this platform.
11. Advertisements
The Platform may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content on the Platform and that (where reasonably practicable) we will identify paid services and communications. You also agree that, as explained in more detail in our Privacy Policy, we may use targeted advertising to try to make advertising more relevant and valuable to you.
Your correspondence or dealings with, or participation in promotions of, any third party advertiser on the Platform are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of advertisements on the Platform
12. Your Personal Information
We collect and process personal data of visitors to our Platform. All personal data is handled in accordance with our Privacy Policy. By continuing to use this Platform you grant us the consent to use and process your personal data in accordance with our Privacy Policy.
Your Right to Delete Personal Data
You have the right to request the deletion of your personal data held by Ztor.com when it is no longer necessary for us to retain it, or when Ztor.com no longer has a legal basis to continue processing it. To request deletion, please email us at [email protected]. Please be aware that this right is not absolute. We may be legally obligated to retain certain data, even if you request its deletion. For example, we may need to retain data for tax or accounting purposes, or to comply with other legal requirements. We store your personal information for a period of time that is consistent with our business purposes. We will retain your personal information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law. When the data retention period expires for a given type of data, we will delete or destroy it.
13. Cancellation
Where you register with us, you may cancel such registration at any time by notifying us. We reserve the right to cancel your registration if you do not visit the Platform for a certain period of time or have violated our rights or those of another party.
The provisions of these Terms under the headings of "Content", "Limitation of Liability," and "General Provisions" will survive cancellation of your registration or termination of these Terms.
14. General Provisions
These Terms are the entire agreement between you and us in relation to (1) your use or visit to our Platform; and/or (2) your purchase of Popcorns, and supersede all prior agreements between us in relation to your use of this Platform and/or your purchase and transfer of any Popcorns. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms.
The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.
Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
A person who is not a party to these Terms has no right to enforce any terms of these Terms under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
The English version of these Terms shall prevail over any Chinese version which is provided for information purposes only.
15. Governing Law
Irrespective of where you access the Platform, these Terms and your access and use of the Platform shall be governed by the laws of Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"), and you agree that any dispute between us regarding these Terms or the Platform will be resolved by the courts of Hong Kong. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court in any other jurisdiction.
We make no representations that materials or information on this Platform are appropriate or available for use in locations outside Hong Kong. If you choose to access this Platform from outside Hong Kong, you do so of your own accord and are responsible for compliance with local laws.
16. Contacting Us
Please submit any questions you have about these Terms or any problems concerning the Platform via the Contact Us page or by email to [email protected].