Terms & Conditions
Last updated: November 13, 2019
PLEASE READ THESE TERMS & CONDITIONS ("TERMS", "TERMS & CONDITIONS")
CAREFULLY BEFORE USING THE WWW.ONCLOSER.COM WEBSITE (THE "SERVICE")
OPERATED BY CLOSER ("US", "WE", OR "OUR").
YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED ON YOUR
ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO
ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE SERVICE.
BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE
TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT
ACCESS THE SERVICE.
Who Can Use the Services
You must be at least 18 years old to use the services and not
prohibited by law from using the Service. You warrant that you have
the right, authority and capacity to enter into and be bound by the
Terms of Service and that by using CLOSER you will not be violating
any law or regulation of the country in which you are resident. You
are solely responsible for your compliance with all applicable local
laws and regulations. You further warrant that you have not been
convicted of, nor are subject to any court order relating to assault,
violence, sexual misconduct or harassment.
Accounts
When you create an account with us, you must provide us information
that is accurate, complete, and current at all times. Failure to do
so constitutes a breach of the Terms, which may result in immediate
termination of your account on our Service. You are responsible for
safeguarding the password that you use to access the Service and for
any activities or actions under your password, whether your password
is with our Service or a third-party service. You agree not to
disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or
unauthorized use of your account.
Your Content
You will be able to use pictures, text, images and other material in
connection with your use of Services ("Content"). You understand
that your Content including your user name and picture) may be
viewed by other users of the Service. We, in our sole discretion,
may reject or approve submitted Content. You are solely responsible
for submitted Content and shall indemnify, defend and hold us and
our employees, officers, directors, shareholders and agents harmless
for any and all losses, costs, disputes, demands, claims and
liabilities (including reasonable attorneys’ fees) arising from your
Content.
You agree that all information that you submit upon creation of your
account, including information submitted from your Facebook account,
is accurate and truthful and you have the right to post the Content
on the Service and grant the license to CLOSER above.
You understand and agree that we may monitor or review any Content
you post as part of a Service. We will delete any Content, in whole
or in part, that in our sole judgment violates this Agreement or may
harm the reputation of the Service.
When communicating with our customer care representatives, you agree
to be respectful and kind. If we feel that your behavior towards any
of our customer care representatives or other employees is at any
time threatening or offensive, we reserve the right to immediately
terminate your account.
We do not allow any content that violates or infringes anyone’s
rights, including rights of publicity, privacy, copyright, trademark
or other intellectual property or contract right.
We do not allow any content that is hate speech, threatening,
sexually explicit or pornographic; incites violence; or contains
nudity or graphic or gratuitous violence.
We do not allow any content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services
that are not owned or controlled by CLOSER. CLOSER has no control
over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You
further acknowledge and agree that CLOSER shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such
web sites or services. We strongly advise you to read the Terms &
Conditions and privacy policies of any third-party web sites or
services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without
prior notice or liability, for any reason whatsoever, including
without limitation if you breach the Terms. All provisions of the
Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability. We may
terminate or suspend your account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if
you breach the Terms. Upon termination, your right to use the Service
will immediately cease. If you wish to terminate your account, you may
simply discontinue using the Service. All provisions of the Terms
which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the
laws of China, without regard to its conflict of law provisions. Our
failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms
is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service, and
supersede and replace any prior agreements we might have between us
regarding the Service.
Litigation and Arbitration
a. YOU AND CLOSER AGREE THAT WE ARE EACH GIVING UP OUR
RIGHT TO GO TO COURT in connection with any Dispute (defined below),
and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT
A JUDGE OR JURY.
b. You and CLOSER agree that any disputes arising out of,
or related to, the App, the Website, the Service, this Agreement
and/or any policies or practices of CLOSER (a “Dispute”) will be
subject to FINAL AND BINDING ARBITRATION, with the exception of
privacy disputes, which are subject to the dispute resolution
process set forth in our Privacy Policy.
c. YOU AND CLOSER ACKNOWLEDGE THAT NEITHER OF US WILL
BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING
IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further,
neither you nor CLOSER agrees to class arbitration or any
arbitration where a person brings a dispute as a representative of
other person(s).
d. You agree that CLOSER may bring actions on its
Members’ behalf, including you, where its rights may be implicated.
e. If the parties are unable to resolve a Dispute by
informal means, the arbitration of Disputes will be administered by
a third-party arbitrator not affiliated with CLOSER, in accordance
with commercial arbitration rules, and if deemed appropriate by the
arbitrator, any supplementary procedures for consumer disputes.
f. Any proceeding to enforce this arbitration agreement,
including any proceeding to confirm, modify, or vacate an
arbitration award, may be brought in any court of competent
jurisdiction. In the event that this arbitration agreement is for
any reason held to be unenforceable, any litigation against CLOSER
(except for small-claims court actions) must be commenced only in
China. You hereby irrevocably consent to the jurisdiction of and
venue in those courts for such purposes.
g. Regardless of any statute or law to the contrary, and
to the maximum extent permitted by applicable law, any Dispute must
be filed within six months after the date in which the incident
giving rise to the Dispute occurred. Failure to file an arbitration
claim as described above within the applicable limitation period
constitutes a waiver of such claim and serves as a complete bar to
any claim based on any Dispute.
h. This Terms, and any Dispute between you and our users
or CLOSER, shall be governed by the laws of China without regard to
principles of conflicts of law, provided that this arbitration
agreement shall be governed by China.
i. If you access the Website or use the Service from
outside the China, you waive all rights under the laws and
regulations of the territory from which you access or use the
Website or Service. Regardless of whether you access the Website or
use the Service from outside China, all Disputes shall be resolved
in China as described above.
Otherwise Stated: If you decide you want to sue us for any reason,
you will have to bring your claim in Arbitration, not a court,
unless you opt-out of binding arbitration in the required
time-frame. There is a time limit of when you can bring your claim.
Litigation and Arbitration between you and other users of CLOSER
By using this service, you agree that any and all disputes of any
kind or nature between you and any other member or user of the
CLOSER APPs or website will be subject to mandatory arbitration
pursuant to the terms referenced above, regardless of the nature of
the claim or claims asserted, whether based in contract, tort,
equity, statute or on any other ground, so long as the dispute
arises from a member or use contact or relationship that resulted
from your use of the foregoing websites or APPs.”
Changes
We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. If a revision is material we will try to
provide at least 30 days notice prior to any new terms taking
effect. What constitutes a material change will be determined at our
sole discretion. By continuing to access or use our Service after
those revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, please stop
using the Service.
Contact Us
If you have any questions about this Terms & Conditions, please
contact us: