Release Date: April 27, 2023
Effective Date: April 27, 2023
Introduction
Thank you for using HD46AI products and services (hereinafter referred to as “HD46”, as defined below). In order to use HD46AI, you must read and comply with the HD46AI Terms of Service (hereinafter referred to as the “Agreement”). Please read each term carefully and fully understand its contents, especially those related to exemption or limitation of liability, restrictions on user rights, application of law and jurisdiction, as well as separate agreements for accessing or using specific services. Terms that limit, exempt, or affect your significant rights may be highlighted in bold for your attention.
If you are under 18years old, you are not allowed to use HD46AI.
If you use HD46AI and related services in the name of a company, partnership, association, government, or other organization (hereinafter referred to as “your organization”), please make sure that you have obtained the corresponding authorization and recognition that your organization is bound by this Agreement. In such cases, “you” will include your organization.
1 Acknowledgment and Acceptance of the Agreement
1.1 This Agreement is an agreement between you and our company regarding your use of HD46 and related services. “Our company” or “we” refers to Digital Lab (Australia) LIMITED and/or its affiliates, located at 84 Church St Richmond Vic 3121.
1.2 Unless you have fully read, completely understood, and accepted all terms of this Agreement, you are not entitled to use HD46 and related services. Your registration, login, or use of HD46 constitutes your acceptance of this Agreement and makes it a legally binding document between you and our company. If you object to any term of this Agreement, please do not use HD46 and HD46 services.
1.3 You understand and agree that this Agreement also includes other related agreements and rules about HD46 that we may publish from time to time, including the HD46 Privacy Policy, among others. All the aforementioned agreements and rules together constitute an integral part of this Agreement.
2 Changes
2.1 We may make changes to this Agreement from time to time (e.g., for technical improvements or to comply with applicable laws and regulations), so please be sure to check this Agreement regularly.
If we consider such changes to be significant, we will notify you on this page or relevant pages before the changes take effect (to the extent reasonably practicable). Continuing to use HD46 after we make changes to this Agreement indicates your acceptance of the revised agreement.
2.2 As HD46 and user experience continue to develop, we may add, modify, or remove HD46 features or services and/or suspend, interrupt, or terminate part or all of HD46 products or services from time to time. You agree that we may take any such measures at any time. If we consider any change to be reasonably significant, we will notify you through HD46’s website or on this page or relevant pages before the change takes effect (to the extent reasonably practicable).
3 HD46 Products and Services
3.1 HD46. HD46 means the products and/or services provided by us to users, including but not limited to:
3.1.1 HD46 (domain: www.HD46.com) and any other websites related to HD46.
3.1.2 Other software, technology, products, content, or services related to HD46 that we license for your use. The actual products and services we provide shall prevail (hereinafter referred to as “HD46 Services”).
3.2 You may obtain related client or access HD46 services through pre-installation, downloading within HD46, licensed third-party platforms or channels, or other methods. If you do not obtain HD46 or use HD46 services (including but not limited to accounts, HD46 coins, client downloads, etc.) through the aforementioned methods or channels, we do not acknowledge their effectiveness, do not guarantee the normal use of such products or services, and will not be responsible for any losses (if any) caused by them. We reserve the right to take measures and pursue responsibility in accordance with Article 9 of this Agreement once such circumstances are discovered, and you will bear any resulting adverse consequences.
3.3 We may develop different versions of software for HD46 on different terminal devices to enhance user experience. You should obtain, download, and install the corresponding version according to the actual device being used.
3.4 In order to better improve user experience and services, HD46 may update its products from time to time (including but not limited to software modifications, upgrades, feature enhancements, development of new services, software replacements, suspension or termination of certain services, hereinafter referred to as “updates”). We reserve the right to update our products without prior notice, or notify you through system prompts, announcements, or in-app messages, among others. In such cases, you have the right to choose whether to accept or reject the updates. If you do not agree or accept the updates, please choose to reject them or stop using the services. Otherwise, your use of the services will be deemed as your acceptance of the updates.
3.5 We grant you a personal, non-transferable, and non-exclusive license to use HD46 only for lawful, personal, and non-commercial purposes.
3.6 All other rights not explicitly granted in this Agreement are reserved by us and our affiliates. We and our affiliates own all rights, title, and interest in and to HD46 and HD46 Services.You must obtain written permission from us before exercising any of these rights. Our failure to exercise any of these rights does not constitute a waiver of that right.
Scope
The App is a mobile platform for introducing adults (“Users”) to one another for the purpose of companionship, who may but not necessarily, subsequent to that introduction, in their absolute discretion, seek or offer sexual services.
Users
Users of the App have the choice of registering as a Service Provider or as a Client.
Service Providers are able to advertise companionship, and do so via registering for a personal profile, which may include personal photos, interests, physical attributes, descriptions, location, and other particulars which may be amended or made available from time to time (“Profile”).
Clients are able to seek companionship and do so by registering on the App for an account. They may then make bookings for face-to-face introductions with Service Providers by finding their Profiles. They may find these Profiles via a search or filter function which may identify common interests, Service Providers within their geographic proximity, and other particulars which may be amended or made available from time to time.
Company not a Party to transactions
The App is a service for introducing Users to one another. Subsequent to such an introduction, Users may but not necessarily, in their absolute discretion, seek or offer sex work. You agree that transactions, contracts, agreements, arrangements, or any other binding obligations for sex work or any other kind of work cannot be formed over the App.
You agree that the Company is not a party to any transactions occurring between Users whatsoever. Any arrangement that may be made between Users is wholly outside of the Company’s control, influence, or interest. The Company has no way of knowing whether Users will agree to engage in transactions, what the circumstances of such might be, the conduct of the Users in arranging, facilitating, or engaging in such transactions, and whether such transactions were carried out.
Consent and sex work
Most importantly, you agree that absolutely no arrangement, under any circumstances, creates any obligation on another person to perform sex work. Consent is paramount and you must ensure that full and informed consent is given and remains in place at all times.
Neither the Company nor the App encourage any person to seek or engage in sex work. We strongly encourage any person seeking out, engaging in, or wanting information about sex work to refer to resources and materials provided by sex work organisations including but not limited to:
• Scarlet Alliance – https://scarletalliance.org.au
• Red Files – https://redfiles.org.au/
• RhED – https://sexworker.org.au/
• Sex Workers’ Outreach Project – https://swop.org.au/
Modern slavery and sex trafficking prohibition
You must not engage in any conduct which would violate any national or international law regarding slavery or human trafficking. You must notify the Company as soon as possible if you become aware of or suspect any slavery or human trafficking that has any connection whatsoever with the App. If you are a victim of sex trafficking or know someone who is, you must contact the Australian Federal Police by phone on 131 247 or email the NOSCC on NOSSC-Client-Liaison@afp.gov.au
Signs a person may be a victim of sex trafficking and modern slavery include:
• The person appears to be servicing a large debt to their employer or third party; • The person does not possess a passport or travel/identity documents, which are held by their employer or a third party, and the person is unable to access these documents when they wish to do so;
• The person does not have or does not understand their labour or employment contract/agreement;
• The person is unable to terminate their employment at any time;
• The person rarely or never leaves their accommodation for non-work reasons;
• The person is living at their place of work or another place owned or controlled by their employer; or
• The person works excessively long hours and have few, if any, days off.
Users’ responsibility for legal compliance
The responsibility for engaging in sex work, and complying with the relevant laws and regulations thereof, rests solely on the Users. Users warrant that they are fully compliant with the laws and regulations in their jurisdiction which are in any way applicable to using this App, including but not limited to:
• Not engaging in work if doing so would be in breach of your right to work or condition of your Australian visa;
• Registration with local authorities, if applicable;
• Advertising requirements, if applicable; and
• Not engaging in sex work, if applicable.
Please note that laws and regulations regarding sex work are issued by State Governments. What is legal in one State may not be legal in another. Please ensure you understand and comply with your local laws and regulations.
Conditions of use – Service Providers
In this subsection, (“You”) refers to Service Providers.
Confirmation of Identity
You must provide to the Company, upon registering for the App, an identity document which would be acceptable to Australian authorities for identity purposes. This may include:
• An Australian or international passport;
• An Australian Driver’s License or Learner’s Permit;
• A foreign Driver’s License if in the English language;
• A Marine License from your state;
• A Keypass card or other acceptable Proof of Age card.
This identity document must prove you are at least 18 years of age and your name must be clearly stated on the identity document.
Ownership of content
You retain ownership of all intellectual property belonging to you which you upload to your Profile, including images.
You are aware of and agree that the Company cannot prevent your images from being downloaded, saved, manipulated or otherwise retained and/or tampered with by users and/or third parties. If you believe that your intellectual property is being used maliciously on the App, please get in touch with us by email at info@mrlootbox.com and we will endeavour to remove such content as soon as is reasonably possible.
You grant users a non-exclusive license to access and view the content you upload to your Profile.
You grant the Company a licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, edit, translate, distribute, publicly display, and make derivative works of all content on your Profile, including images, for use in connection with the App, including without limitation for promoting and redistributing part or all of the App and related products in any media formats through any media channels.
No employment relationship
No part of these Terms and Conditions should be construed as creating an employment relationship between you and the Company. You understand and agree that you are not an employee the of Company. You may use the services of the App to promote companionship services at no charge to you. You are a self-employed individual and may conduct your own business as you see fit, including but not limited to:
• when, where and whether you choose to the App to promote your companionship services;
• offering companionship services or engage in any service, occupation, business, or employment as you see fit at any time, including competitor businesses, including while using the App;
• accepting or rejecting any invitations for an introduction from a Client at your absolute discretion and without consequence;
• your responsibility to organise your own taxation and insurance arrangements;
• your responsibility to provide your own equipment, such as transportation and a mobile phone;
• your responsibility to ensure you hold the relevant registration and/or licensing applicable in your jurisdiction.
4 Account Registration and Usage Rules
4.1 You need to create a HD46 account to access and use some of HD46’s services. Some services require you to have a HD46 account to use them. We reserve the right to change the account registration method according to product needs.In some cases, you may be required to verify your account or provide additional information.
4.2 You may choose to cancel your HD46 account according to the prescribed process. Once the account is cancelled, it cannot be restored, and we will no longer provide HD46 products and/or services to you, and have no obligation to retain any information related to the account, except as otherwise required by applicable laws and regulations. Please make sure to back up all information or data related to the account before cancelling it.
4.3 If your HD46 account information is inaccurate, untrue, or violates laws, regulations, or the legitimate rights of others, we have the right to refuse registration and take measures and pursue responsibility in accordance with Article 9 of this Agreement depending on the circumstances. Any adverse consequences arising from this shall be borne by you.
4.4 You understand and agree that you are responsible for continuously ensuring the truthfulness, legality, accuracy, and validity of the information you provide. You shall provide timely supplementary updates to the information you provided when changes occur. Otherwise, any adverse consequences arising from this shall be borne by you. We may assume that any communications we’ve received from your account or the associated contact information have been made by you, and that any purchases made using your account were made by you.
4.5 In general, you can browse and modify the information you personally submitted at any time, but in order to protect the security of your account (such as account or password retrieval services), you may not be able to modify the initial registration information and identity information provided during account registration. Please carefully fill in the relevant information.
4.6 You are responsible for the security of your account. The right to use a HD46 account belongs only to the person who initially applied for registration. You may not license, give, lend, rent, transfer, sell, or permit anyone else to enter or use your account in any form violate any applicable law or this Agreement.
4.7 The data and records generated by your use of the HD46 account, including but not limited to login, activity, consumption records, and relevant statistics, are owned by us. We retain certain data from your interactions with us, this data helps us better understand user needs and preferences. In case of disputes, you agree to rely on the data provided by us. Unless otherwise agreed, for data generated by third-party services, including but not limited to login, activity, consumption records, and other product logs or customer service records, etc., it shall comply with the relevant agreements of the third party, and shall be owned by the third party. In case of disputes, you agree to rely on the data provided by the third party.
4.8 You are responsible for taking reasonable measures to ensure the security of your account. If you lose or have your account stolen due to improper safekeeping or use, you will bear the responsibility yourself.
4.9 If you register a HD46 account and/or use HD46 services on behalf of a relevant organization, you should obtain the authorization of the organization and provide corresponding proof. In such cases, the relevant responsibilities and obligations under this Agreement are borne by the organization.
4.10 If you discover that someone has impersonated, stolen or used your account without authorization, you should immediately notify us through the contact information provided in Article 12 of this agreement. Upon receiving your notification, we may take measures such as suspending the login and use of the account depending on the situation. You will be solely responsible for any loss incurred as a result of taking corresponding measures. If you fail to provide valid proof as required, we may refuse your request, and you will be solely responsible for any unfavorable consequences resulting therefrom.
4.11 In order to avoid wasting resources, if you fail to log in to your account promptly after registering or have not logged in to your account continuously for more than one year, we reserve the right to reclaim your registered account. You will be solely responsible for any unfavorable consequences resulting therefrom.
4.12 In order to provide you with the HD46 services, HD46 may need to access and/or use your device(s) used for using the HD46 services in order to provide certain functions. We will provide you with more information on how to use and access your device(s) within HD46 or in other ways. You agree to grant us the permission to access and use your device(s). If you do not grant us the permission to access or use your device(s), HD46 will be unable to provide certain services or functions to you. Any personal information (as defined in the HD46 Privacy Policy) contained in the device(s) used or accessed is subject to the HD46 Privacy Policy.
Malicious activity
You must not abuse, harass, stalk, threaten, or otherwise violate the legal rights and/or safety of another person.
Confirmation of Identity
You must show to the Service Provider, upon a face-to-face introduction, an identity document belonging to you which would be acceptable to Australian authorities for identity purposes. This may include:
• An Australian or international passport;
• An Australian Driver’s License or Learner’s Permit;
• A foreign Driver’s License if in the English language;
• A marine License from your state;
• A Keypass card.
This identity document must prove you are at least 18 years of age and your name must be clearly stated on the identity document.
Maintenance Fee
You agree to pay the Company a fee for the ongoing maintenance and operation of the App (“Maintenance Fee”), calculated at a percentage of the fee set by the Service Provider for introductions (“Introductions Fee”). This fee is payable in respect of an introduction only, and not in the pursuit of any goods or services, sexual or otherwise, provided by the Service Provider.
Restrictions on use – Clients and Service Providers
Advertising
You must not display, incorporate or otherwise use any photos, information, or content on your Profile or anywhere in the App which:
• you do not own;
• impersonates another person or falsifies attributes;
• is misleading as to your identity or attributes, including photos that are out of date or inaccurate;
• is illegal, or would cause you or the App to breach any law or regulation;
• could be considered offensive, obscene, disparaging, defamatory, threatening, abusive, discriminatory, confidential, or in any way inappropriate in the opinion and sole discretion of the Company;
• is unauthorised advertising, including the promotion of pyramid schemes, cryptocurrencies, chain letters, commercial messages, referral links, or other similar schemes or promotional material;
• infringes intellectual property or the rights of any person; or
• if you intend to offer sex work after being introduced to a client, does not comply with local sex work advertising regulations.
If you believe any content, images or behaviour infringes upon these restrictions, please email info@mrlootbox.com and we will endeavour to review such content as soon as is reasonably possible. The Company reserves the right to edit and/or remove any content for any reason whatsoever at its sole discretion.
Prohibited conduct
You must not:
• use any device, routine or software that interferes, or attempt to interfere, with the proper working of the App;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use the App to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• use the App to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of the App;
• use the App by any automated means;
• use the App to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of the App for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with the App;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on the App;
• reproduce, duplicate, copy or store any of the material appearing on the App other than for your own personal and non-commercial use;
• falsely imply that any other website is associated with the App;
• do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in the App;
• use or exploit any of the material appearing on the App for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with the App;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
• use the App to transmit any information or material that is, or may reasonably be considered to be:
− abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
− libellous, defamatory, unlawful or plagiarised;
− infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
− in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
− in breach of any person’s privacy or publicity rights;
− a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
− in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
− containing any political campaigning material, advertisements or solicitations; or − likely to bring the Company or any of its staff into disrepute.
Prohibited locations – Queensland
This App must not be used by residents in Queensland. By using the App, you warrant to the Company that you are not located in Queensland or intending to use any services provided by the App in Queensland.
5 Protection of Personal Information
5.1 Protecting your personal information is a fundamental principle of HD46. We will collect, use, store, and share your personal information in accordance with this Agreement and the HD46 Privacy Policy. In case of conflict between this agreement and the HD46 Privacy Policy, or in case this agreement does not explicitly regulate the protection of personal information, the content of the HD46 Privacy Policy shall prevail.
5.2 We will take reasonable measures to protect your personal information from unauthorized access, use, or disclosure.
5.3 Except as otherwise required by applicable laws and regulations, we will not disclose your personal information to any organization or individual without your consent.
6 Use Regulations
6.1 You agree to be responsible for any activity under your account. During your use of HD46, you shall comply with all applicable laws, rules, and regulations of your country or region. In certain jurisdictions, specific requirements may apply to the use of this agreement or the HD46 service. In addition, the laws and regulations applicable to HD46 and this agreement are constantly evolving, so please keep yourself updated on the changes to the laws and regulations applicable to users in other jurisdictions.
6.2 Content Regulations. You understand and agree that any content or behavior created or carried out by you when using your HD46 account or during the use of HD46 must not affect the safety and normal use of other users of HD46, nor should it interfere with the normal operation of HD46 or infringe on the legitimate rights and interests of other users or third parties. Prohibited content or behavior of HD46 includes but is not limited to the following:
6.2.1 Creation, uploading, copying, publishing, transmitting, sharing, storing, or providing assistance or convenience in creating, uploading, copying, publishing, transmitting, sharing, or storing the following contents:
(1)Violence, criminal, illegal content, including but not limited to violence against others, threats, inducing, inciting or causing violence or bodily harm, terrorist activities, kidnapping, human trafficking, organized crime, incitement or engagement in/attempting to incite any illegal activity, theft, providing illegal goods or services, intentional damage/damage to property, false reporting, fraud/embezzlement or money laundering, violation of consumer protection-related regulations, gambling, etc.
(2) Illegal children content.
(3)Content related to personal safety, including but not limited to suicide, self-harm, physical exploitation, bullying, harassment, or other behaviors that may cause discomfort or pain to other users.
(4)Offensive or negative content, including but not limited to hate speech relating to race, nationality, religion, gender, sexual orientation, physical or mental disabilities, or negative comments or actions directed towards the above objects, cruel or ruthless content, abusive behavior, pornographic language or behavior, sexual activity, sexual seduction, etc.
(5)Political propaganda content, Political campaigning or lobbying.
(6)False news, false information, incorrect information, false advertising, fraud and security vulnerabilities, including uploading, posting, sending private messages or transmitting in any other way materials containing the aforementioned information, such as advertising letters, promotional materials, spam emails, etc.
(7)Content or behavior prohibited by laws and regulations in the user’s jurisdiction, national policies, or this agreement, related agreements, or rules include but are not limited to the following:
6.2.2 Creating, uploading, copying, publishing, transmitting, sharing, storing any contents, or engaging in any behavior that infringes, misappropriates or violates any person’s rights, such as their reputation, image, intellectual property, or trade secrets.
6.2.3 Infringing on personal information or privacy, including but not limited to collecting, editing, selling, transferring, disclosing, or spreading personal information of others through any means or methods without permission, or harassing others in any way.
6.3 Product use regulations. Except as required by law or permitted by the company, you may not engage in any behavior that violates or may violate the company’s rights or has a serious adverse impact on HD46 in terms of technology during your use of HD46, including but not limited to:
6.3.1 Reverse engineering, assembly, compilation, or other means of utilizing the company’s intellectual property.
6.3.2 Using any content owned by the company’s intellectual property, including but not limited to copying, modifying, selling, renting, reproducing, compiling, publishing, broadcasting, transmitting, licensing, creating mirror sites, or infringing on any of the company’s intellectual property in any way.
6.3.3 Copying, modifying, deleting, linking, or creating any derivative work from any data generated during HD46 operation, including system data required for HD46 operation, using plugins, third-party software, systems, tools or services unauthorized by the company to log in or use HD46, entrusting or assisting others to obtain, save, backup, disclose, or use HD46 data, or creating, publishing, or spreading such tools.
6.3.4 Interfering with HD46 and its components, modules, or data, either independently or by authorizing others to do so, including interfering or disrupting HD46 services or servers connected to or related to HD46, or interfering or attempting to interfere with other users’ use of HD46.
6.3.5 Intentionally spreading viruses, worms, Trojan horses, damaged files, or other malicious codes or items.
6.3.6 Any other behavior without the express authorization of the company.
6.4 You understand and agree that based on factors such as user experience, operational security, and HD46 policies, we have the right to select service targets, determine HD46 feature settings, determine the objects and scope of function development, data interfaces, and related data disclosures. We reserve the right to suspend or terminate the provision of HD46 services under the following circumstances:
6.4.1 Violating local laws and regulations or this agreement.
6.4.2 Impacting HD46 services.
6.4.3 Presenting security risks.
6.4.4 Behaving similarly to or allowing similar functionality as HD46, or having a similar interface, style, or user experience that could cause user confusion.
6.5 We may receive various requests from relevant government departments regarding HD46’s operations in the location of operation. If these requests are raised by authorized departments and comply with local legal requirements and procedures, we will process them accordingly.
6.6 You understand and agree to judge the content and information obtained during the use of HD46 and assume all risks arising therefrom.
6.7 You may provide input to HD46 (hereinafter referred to as “Input”, as defined below), and receive output generated and returned by HD46 based on the Input (hereinafter referred to as “Output”, as defined below). Based on the characteristics of Artificial intelligence and machine learning, use of HD46 and HD46 Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case. We make no guarantees as to the accuracy, completeness, or functionality of any Output, and such content does not represent our attitude or viewpoint.
6.8 We might also provide you with access to other people’s content. You may not use this content without that people’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect our own views. HD46 doesn’t endorse or verify the accuracy or reliability of content shared by other users or people. We cannot prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. We have the right, but not the obligation, to block or remove content at our discretion.
6.9 In the event of any breach of the above mentioned regulations, HD46 reserves the right to take appropriate measures against your account and content.
7 Third-Party Content/Links
HD46 or HD46 users may provide, share, or publish links to third-party websites, content, or resources through HD46. Unless otherwise stated, we cannot control the above content or links and the content they point to. You should exercise caution in accessing and judging such content and assume all risks arising therefrom. We are not responsible for the content or services available from these websites, content or resources. We are not responsible for any losses that you may incur due to your use or reliance on the above content or links. We recommend that you carefully read the terms of service or privacy policy before accessing the above links or content.
8 Intellectual Property Rights and Your Content
8.1 All intellectual property rights related to the software, technology, trademarks, commercial images, slogans, logos, copywriting, materials, website architecture, webpage design, electronic documents, data, information generated during the development, operation, and maintenance of HD46, and all other content related to HD46 belong to us and do not transfer to users by any usage behavior, except as defined by law.
8.2 We grant you a limited, personal, non-exclusive, non-transferable, revocable, and royalty-free right to use HD46 only in accordance with this agreement and any additional instructions we may provide from time to time regarding the use of HD46.
8.3 As between the parties and to the extent permitted by applicable law, You own any content you provide, create, upload, copy, publish, transmit, share, or store during your use of HD46, including but not limited to Input, text, images, videos, audio, animations. Subject to your compliance with this Agreement, we hereby assigns to you all its right, title and interest in and to Output (the above content and Output are collectively referred to as “Your Content” below). You agree to be fully responsible for Your Content, guarantee that Your Content does not violate or infringe upon any applicable laws or regulations, has a legal source, is original or authorized to be used, and does not infringe upon the legitimate rights of others. If Your Content violates any laws, regulations, or the legitimate rights of third parties, you shall bear all responsibility. If the relevant rights holders notify us that Your Content violates their legitimate rights, we have the right to warn you, delete or block Your Content, and hold you accountable.
8.4 You agree to grant us a perpetual, non-exclusive, worldwide, royalty-free, transferrable, sublicensable license, subject to compliance with applicable legal requirements and the HD46 Privacy Policy, to use，store, modify, copy, reproduce, adapt, translate, reformat, compile, create derivative works of, publish, distribute, lease, perform, display, publicily perform, publicly display (if you’ve chosen to make it visible to others), broadcast, monitor, communicate on the internet, and film Your Content, if that content is protected by intellectual property rights.
You understand and agree that we have the right to use Your Content and your data you provide us in various forms of HD46 products and services, including but not limited to websites, software, or other forms of products and applications, for the purpose of providing, maintaining, developing, promoting and improving HD46 and HD46 Services. We will use various security technologies and procedures to establish a comprehensive management system to protect your personal information and data from unauthorized access, use or disclosure.
This license does not affect your ownership of Your Content’s intellectual property rights, nor does it affect your exercise of lawful rights over Your Content. However, the intellectual property rights of any derivative works created by us based on Your Content shall belong to us or our authorized third-party licensors, unless prohibited by mandatory provisions of laws and regulations.
8.5 Based on this clause and the functions of HD46, you grant other HD46 users a non-exclusive license to access and use Your Content within HD46.
8.6 You agree that we may continue to use Your Content after you stop using HD46, subject to compliance with this agreement, HD46 Privacy Policy, and applicable laws and regulations. In some cases, we may need to retain or disclose Your Content to comply with applicable laws and regulations, judicial or governmental requests.
8.7 You may not delete, edit, mask, or alter HD46’s copyright notice, trademarks, or other proprietary marks or information.
9 Legal Liability (continued)
9.1 Unless otherwise specified in this agreement, if we discover or receive reports or complaints from others that your content violates the provisions of this agreement, we have the right to verify, delete, and block the relevant content at any time without notice, and depending on the situation, issue warnings, stop displaying or deleting related violations and content, restrict or prohibit all or part of the account’s functions, suspend or terminate services, ban or terminate accounts, device bans, and other measures, for which you will be solely responsible for any adverse consequences that result. If such actions cause us any adverse consequences, you shall be responsible for eliminating the impact and compensating for all losses incurred thereby. If your actions result in any claims or demands by third parties, you shall bear all responsibility and compensate us for any losses suffered thereby (if any). In the event that you violate local laws and regulations or the provisions of this agreement, we not only have the right to take appropriate legal action against you but may also have an obligation to report to relevant authorities in accordance with applicable regulations without seeking your consent or prior notice.
9.2 Users who have been subjected to measures for violating this agreement may appeal to us. We will review the appeal and make a reasonable judgment as to whether to change the treatment measures.
9.3 NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL CUMULATIVE LIABILITY OF US AND OUR AFFILIATES FOR ALL CLAIMS ARISING FROM THIS AGREEMENT OR HD46 UNDER ANY CIRCUMSTANCES SHALL NOT EXCEED THE HIGHER OF THE FOLLOWING AMOUNTS: (A) THE AMOUNT PAID BY YOU FOR USING HD46 IN THE SIX MONTHS PRIOR TO YOUR LAST CLAIM (IF ANY); AND (B) 100 US DOLLARS ($100).
9.4 You agree to indemnify and hold our company and its affiliates, officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) arising from (A) your use of HD46 or HD46 Services; or (B) Your Contednt; or (C) your breach of this agreement or violation of applicable law.
10 Disclaimer
10.1 HD46 AND HD46 SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATESMAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO HD46 AND HD46 SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
10.2 We will do our best to provide you with services, ensuring service continuity and security. However, we and our affiliates make no representations, warranties, or promises of any kind regarding HD46 or any content submitted, transmitted, or displayed through HD46, including but not limited to any representation, warranty, or promise that: (A) HD46 will operate continuously, securely, without error, or without viruses; (B) HD46 will be compatible with your device; or (C) HD46 will be of merchantable quality, fit for a particular purpose, or non-infringing. To the extent permitted by applicable laws and regulations, you waive all implied representations, warranties, and promises.
10.3 You understand and acknowledge that in the process of using HD46, service interruptions, blockages, or failure to meet your requirements may occur due to force majeure, computer viruses, Trojan horses or other malicious programs, hacker attacks, unstable user or our systems, system, software or equipment failures, user location, user shutdown, improper operation or unauthorized use, unstable servers, Internet congestion, communication line failures, power failures, and any other technical reasons or events that we cannot reasonably control or foresee. In such cases, we will make every effort to handle them in a timely manner. However, the Company and its affiliates shall not be liable for any direct or indirect losses caused to you or any third party within the scope permitted by law. Force majeure refers to objective events that cannot be foreseen, overcome or avoided and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and storms, as well as social events such as wars, riots, and government actions.
10.4 You understand and agree that like most Internet services, HD46 may be affected by factors including but not limited to user factors, service providers, network quality, and social environment. It may also be subject to various security issues, including but not limited to others using user data to harass them, or other software downloaded and installed by users, or other websites accessed containing computer viruses or other malicious programs that threaten the security of user devices, information, and data and affect the normal use of HD46. Therefore, you should strengthen your awareness of information security and personal information protection, pay attention to strengthening password protection, and avoid adverse effects.
10.5 You understand and agree that we need to regularly or irregularly inspect or maintain HD46 or related equipment. If this causes a reasonable interruption of the service, we will notify you in advance but will not be responsible for any liability incurred.
10.6 You understand and agree that we are not responsible for any losses caused by the quality defects of the following products or services provided by HD46 to users:
10.6.1 Services provided by HD46 to users free of charge;
10.6.2 Any products or services given by HD46 to users as gifts.
10.7 You understand and agree that we will make reasonable commercial efforts to protect the security of your content and data on HD46, but we cannot provide complete guarantees for this, including but not limited to:
10.7.1 We are not responsible for the deletion or storage failure of your data related to HD46.
10.7.2 We reserve the right to decide the maximum storage period of individual user data based on actual conditions. Please ensure that you regularly back up your content or related data yourself.
10.8 You understand and agree that using HD46 involves risks that are beyond our control, including but not limited to:
10.8.1 Risks of personal information loss or leakage that may be caused by force majeure.
10.8.2 Any risks caused by your selection of software versions that do not match the terminal devices you use.
10.8.3 The risks and responsibilities that may arise from your content being forwarded, shared, or otherwise disseminated.
10.9 You understand and agree that we may change, terminate, or suspend the HD46 services based on business operations. Where reasonably practicable, we will notify you in advance.
10.10 You understand and agree that after termination of this agreement, we will only retain and use your content or data in accordance with this agreement and the “HD46 Privacy Policy” (if your content contains personal information). Based on the “HD46 Privacy Policy” and applicable laws and regulations in your jurisdiction, if we suspend or terminate all or part of the HD46 services, or if you or the Company terminates your use of the HD46 services, we do not guarantee that any of your content or data will be returned to you, and we may permanently delete your content at any time without notice after the service is terminated.
10.11 You understand and agree that when using HD46, you may be exposed to risks from network information, including misleading, deceptive, threatening, or defamatory information from others, offensive information, anonymous or false information that infringes the rights of others, illegal information, and accompanying behaviors. We are not responsible for the truthfulness or legality of such information, and we also do not assume any responsibility for any losses incurred by you or third parties as a result.
10.12 We have the right to handle illegal or non-compliant content in accordance with laws, regulations, and this agreement, but this right does not constitute our obligation or promise. We do not guarantee that we can discover illegal or non-compliant behavior first time and handle it effectively in a timely manner.
10.13 In the event of a merger, spin-off, acquisition, or asset transfer, we may transfer assets related to HD46 to third parties or transfer part or all of the HD46 services and related rights and obligations to third parties after notification.
10.14 We are not liable for any unforeseeable, indirect, punitive, incidental, special, or criminal losses or damages, including any loss of use, business interruption, revenue, profit, goodwill, content or data loss or destruction (even if we have been advised of the possibility of such losses).
10.15 This agreement does not limit or exclude any statutory rights you have in your jurisdiction (including any rights under applicable consumer protection regulations), as long as those statutory rights are not excluded or exempted under applicable laws and regulations, notwithstanding any other provisions of this agreement.
Role of the Company
The relevant User, and not the Company, is:
• the supplier of companionship services, or compensation for companionship services; and
• solely responsible for supplying you with those services and for those services themselves.
We do not act as agent for any Users and we make no representation or warranty, and provide no guarantee, that another User will provide you with the services that you offer to purchase through this App, or that those services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any other User listed on this App.
Prices
GST
Unless otherwise expressly stated, all amounts payable through your use of the App are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment methods
Payment for orders placed through this site may be made by credit card (Visa or MasterCard only) processed online using a secure third party payment gateway.
Third party payment gateways
The Company may use one or more third-party payment gateways to facilitate secure online payment transactions. Payments made through such payment gateways are subject to the terms and conditions and privacy policy of the relevant third-party providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (e.g. your name, email address and billing address).
Credit and debit card payments
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company does not charge additional transaction fees for paying by credit card.
Refunds and other remedies
Except as expressly provided otherwise in these Terms and Conditions, all amounts paid through this site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Terms and Conditions below.
Security
While our third party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
11 Applicable Law and Jurisdiction
11.1 The establishment, effectiveness, performance, interpretation, and dispute resolution of this agreement shall be governed by the laws of Australia (excluding conflict of laws).
11.2 We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against us, you agree to try to resolve the dispute informally by sending us notice at info@mrlootbox.com of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding.
11.3 If any dispute, controversy, or claim arises between you and us regarding this agreement, including but not limited to the existence, validity, interpretation, breach, or termination of this agreement, it shall be resolved through friendly negotiations first. If the negotiation fails, you agree to submit it to the Australia Arbitration Center for final arbitration under the effective Institutional Arbitration Rules during the submission of the “Arbitration Notice”. The place of arbitration is Australia, and there will be only one arbitrator. The language used in the arbitration procedure is English.
12 Others
12.1 In accordance with applicable laws and regulations in your jurisdiction, this agreement constitutes the entire agreement between you and us regarding HD46 and the HD46 services. You agree that you will not make any claims against us for any statements that are not clearly specified in this agreement.
12.2 We reserve the right to amend relevant clauses of this agreement from time to time according to applicable laws, regulations, policies, relevant department requirements, or company management needs. You can check the latest agreement in the latest version of HD46.
12.3 The headings of all terms in this agreement are for convenience only and do not have substantive meaning. They cannot serve as the basis for interpreting the meaning of this agreement.
12.4 If any provision of this agreement becomes invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties. If the relevant arbitration institution determines that we cannot enforce any part of this agreement in the manner originally stipulated in this provision, we may replace that provision with a similar provision within the scope permitted by applicable laws and regulations, while the remaining provisions of this agreement remain unchanged.
12.5 If you have any comments or suggestions about this agreement or HD46, you can contact us through the following contact information: info@mrlootbox.com.