Effective since January, 2023.
If you are an Apple user, please review the standard Apple Terms of Use (EULA)
Please read carefully the following provisions of this TERMS OF USE (“TERMS OF USE”). This is a legal agreement made by JHong Technology Limited. (collectively, the “JHong”) with registered office at UNIT 83 3/F YAU LEE CENTRE NO.45 HOI YUEN ROAD KWUN TONG KL HONG KONG(3205482) and you regarding the use of the Bling application (the “Bling”) and related documentation being installed by you on your device. By downloading the application and/or using any of the services enabled by the application (the “Services”), You acknowledge that you have read, understood, and agree to be bound by the following terms and conditions (including any additional guidelines and future modifications). If at any time you do not agree to these terms of use or Bling's privacy policy, you may not use the application or services and must immediately terminate your use of the application and all services.
This paragraph is intended to apply to you if you have downloaded the Bling application from the app marketplaces such as the Apple App Store, the Google Play and other app marketplaces. Bling and you acknowledge that this Terms of Use is concluded between Bling and you only, and not with the app marketplaces, and as between Bling and the marketplaces, Bling, not the marketplaces, is solely responsible for the Application and Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Application and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the Terms of Service of the app marketplaces as of the date hereof (which you further acknowledge you have had the opportunity to review).
Subject to your compliance with the terms and conditions set out in this Terms of Use, Bling grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Application, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of personally using the Bling application and any other applications that may be explicitly authorized by Bling for use through use of the Application (the "Application"), and if you have downloaded the Application from the App Store, the Google Play or any other app marketplaces, as permitted by the Usage Rules set forth in the each app marketplace Terms of Service as of the date hereof, you shall follow the usage rules set forth in this Application Market Terms of Service.
The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Application includes trade secrets and information that is confidential and proprietary to Bling and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Application and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Bling and its licensors, if any, including all intellectual property rights therein. The Application is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Bling hereby expressly reserves all rights in the Application and all Services which are not expressly granted to you hereunder.
You only obtain a license to use the object code version of the Application. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Application or any of the Services; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Application or Service and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Application or any of the Services by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Application or any of the Services; or (v) use the Application or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.
You further represent that you shall not (i) use the Application or any of the Services for any illegal or unauthorized purpose, (ii) use the Application or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libellous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (v) attempt to hack, destabilize or adapt Bling’s website, the Application (or its source code) or any of the Services, or alter another website so as to falsely imply that it is affiliated with Bling, or (vi) use or access any of the Services by any means other than through the interface provided by Bling.
If your use of the Application or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Application is subject to you obtaining consent from the relevant third party for such use and by using the Application you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Application, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Application or Services will do so in accordance with this Terms of Use. You must delete any Application from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.
Users may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Bling Services ("User Generated Content/UGC"). We also permit users to distribute pre-recorded audio-visual works and to use Bling Services, such as chat, bulletin boards, forum postings, and voice interactive services.
If you publish, post, display, submit, and/or upload any of your user-generated content (UGC) in connection with the Bling Services, unless otherwise specified in a written agreement between you and Bling that was signed by an authorized representative of Bling, you grant Bling and its sub-licensees the freedom to use, copy, modify, adapt, publish, translate, edit, dispose of, create derivative works of, distribute, perform, and publicly display such UGC (in whole or in part), as well as to incorporate such UGC into future or existing works of work, media, or technology.
The rights you have given with regard to UGC expire when you remove it from Bling Services or, generally speaking, when you close your account, with the exception of the following situations: (a) when we utilize it for promotional purposes; and (b) during the reasonable amount of time it takes to remove from backup and other systems.
Your UGC and the repercussions of uploading, publishing, transmitting, or otherwise making your UGC public on the Bling Services are entirely your responsibility. You realize and agree that any user-generated content (UGC) you upload or contribute is entirely your responsibility; you bear no duty whatsoever for its appropriateness, correctness, legality, or reliability. Regarding the accuracy or substance of any User Generated substance (UGC) that you or any other Bling Service user submits, we neither guarantee nor are we accountable to any third party. We have no control over the user-generated content (UGC) you submit or contribute, and we offer no guarantees of any kind about user-submitted or contributed UGC.We are not required to examine user-generated content (UGC), even if we do it occasionally. We shall not be held accountable or liable in any kind for any claim pertaining to user-generated content (UGC) that is submitted by users.
Furthermore, unless you have permission from the material's rightful owner or you are otherwise legally permitted to provide the material and to grant the Bling Services all of the license rights granted herein, you further agree that any user-generated content (UGC) you submit to the Bling Services will not contain material protected by copyright or subject to other third-party proprietary rights.
The opinions, recommendations, and advice stated in any UGC posted by users or other licensors are not endorsed by Bling Services, and any liability associated with UGC is explicitly disclaimed by Bling Services.
Bling Service may offer additional third-party material on the Bling Services in addition to User Generated material (collectively, the "Third-Party Content"). It should be noted that Bling has no control over, affiliation with, or warranty of any kind regarding any Third-Party Content, including without limitation any information on its correctness or completeness. Please be advised that we do not produce, maintain, or watch over Third-Party Content. As a result, any Third-Party Content on the Bling Services is not our responsibility.
The choice of whether or not to use or access third-party websites or applications (the "Reference Sites") that are linked from the Bling Services is yours. Bling disclaims all liability and makes no representations or guarantees of any kind regarding the Reference Sites, nor does it control or recommend any such Reference Sites or the data, materials, goods, or services available on or via Reference Sites. Furthermore, any communication or transaction you have with advertisers located on or via the Bling Services, as well as any promotions you take part in, are strictly between you and that advertiser. You bear all liability for your access to and use of Reference Sites and the content, materials, goods, and services on or made accessible via Reference Sites.
Content transmitted by the use of the Application and Services is entirely the responsibility of the person from whom such Content originated. You use the Application and Services at your own risk and understand that by using the Application or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Bling does not endorse any Content and hereby expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Application and/or Services. You hereby release and discharge the Bling Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.
You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Application or Services and that Bling (and Apple or Google if you downloaded the Application from the App Store or Google Play or other marketplaces) is not responsible to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. Bling RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THIS TERMS OF USE.
The Application may be incorporated into, and may incorporate itself, Application and other technology owned and controlled by third parties. Any such third party Application or technology that is incorporated in the Application falls under the scope of this Agreement.
Bling, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Application or Services. Bling has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Application or any of the Services. You may have to agree to a renewed version of Terms of Use in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Application. You acknowledge that Bling may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Application and, accordingly, may modify, update or upgrade the version of the Application that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
For particular Devices, Bling may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees.
The license to use the Application and Services is not valid in any jurisdiction where prohibited. The Application and Services are intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to the Application or Services by anyone under 18 is unauthorized, unlicensed, and in violation of this Terms of Use. Bling may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Application or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
The Application and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Application and Services. You acknowledge and agree that: (i) Bling is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Application, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) Bling is not a replacement for your primary telephone service.
Bling reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Application or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
You hereby authorize Bling to collect and use the address books, contact lists, and unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the Application for purposes of your use of the Services.
From time to time, Bling may provide additional features and/or Services that you pay for (the“Premium”). Bling may also offer from time to time in its sole discretion, certain Premium and all kind of paid contents & item Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Terms of Use to the Services include the Premium and all kind of paid contents & item Services. You will pay the Premium and all kind of paid contents & item Services by the paid Tokens you purchased via the Application in the first place. Only after all of your paid Tokens (Vitual Currency) are consumed, you may use Tokens to pay for Premium and all kind of paid contents & item Services.
The Premium and all kind of paid contents & item Services may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium and all kind of paid contents & item Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Bling or the online application store from which you downloaded the Application (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium and all kind of paid contents & item Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium and all kind of paid contents & item Services is terminated. You agree that if you purchase Premium and all kind of paid contents & item Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Bling have any responsibility in connection with any of the foregoing.
a. Generally. From time to time, Bling may offer products and services for purchase ("in app purchases") through the App Store, Google Play Store, carrier billing, Bling direct billing or other payment platforms authorized by Bling. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as the Google Play Store or App Store (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Bling or the third party account, as applicable, to charge you.
b. Auto-Renewal,Automatic Card Payment:
If you purchase an auto-recurring periodic subscription through an in-app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, your subscription will automatically continue for an indefinite period, at the price you agreed to when subscribing unless you cancel your subscription before the renewal date. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
c. Objections to a payment already made should be directed to Customer support if you were billed directly by Bling or the relevant third-party account such as the App Store. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on Bling or the relevant third party account but be advised that you are still obligated to pay any outstanding amounts.
d. If you want to change or terminate your subscription, it is easiest to log in to your third-party account (or Settings on Bling, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Bling application from your device. Deleting your account on Bling or deleting the Bling application from your device does not terminate or cancel your subscription; Bling will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Bling or the third-party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may request a full refund for any Premium and all kind of paid contents & item Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store. Exceptions - 1) refunds are not available to users who are banned by Bling and its community, and 2) full-refunds are not available for partial-used purchases. You may request a full refund for any Premium and all kind of paid contents & item Service purchased outside of the Application Store within 72 hours of purchase by contacting our customer service. Exceptions - 1) refunds are not permitted by payment channels and platforms, and 2) full-refunds are not available for partial-used purchases. You acknowledge that how and when your money is refunded is subject to how you made the original payment.
e. To request a refund:
If you made a purchase using your Apple ID, refunds are handled by Apple, not . To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you made a purchase using your Google Play Store account: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number.
If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you because of the refund.
If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.
You may terminate your use of the Services at any time by uninstalling and deleting the Application from all of your Devices. If you have subscribed to any Premium and all kind of paid contents & item Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium and all kind of paid contents & item Services.
Without limiting any other remedies, Bling may limit, suspend, discontinue or terminate this Terms of Use and/or your use of all or any part of the Application and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if Bling believes that you are (i) in breach of any of the terms of this Terms of Use, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium and all kind of paid contents & item Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that Bling is under no obligation to provide the Services, including without limitation any Premium and all kind of paid contents & item Services, and that no Bling Party (as defined below) shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Application and/or any of the Services.
Subject to the terms and conditions of this Terms of Use, Bling will use reasonable efforts to store your Content, if any, in connection with your use of a Premium and all kind of paid contents & item Service if such storage is a feature provided with the Premium and all kind of paid contents & item Service. You acknowledge and agree that Bling shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no Bling Party is under any obligation to preserve, provide access to or return to you any Content. In addition, you further acknowledge and agree that, if you have elected to use a Premium and all kind of paid contents & item Service that includes the storage of Content and you are not active on the Premium and all kind of paid contents & item Service for thirty (30) days or longer (as determined by Bling), Bling may delete your Content for any reason, including technical, business or any other reasons.
The Services may include links or references to other web sites or services solely as a convenience to our users (“Reference Sites”). Bling does not endorse any such Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage you to be aware of when you leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through the Services are solely between you and such advertiser.
"YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Bling, ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING Bling EACH A “Bling PARTY” AND COLLECTIVELY THE “Bling PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THIS TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE APPLICATION AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE APPLICATION AND/OR ANY OF THE SERVICES, OR (E) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF Bling). If you downloaded the Application from the the app marketplaces, you acknowledge that, in the event of any third party claim that the Application or Services or your possession and use of the Application or Services infringes any third party’s intellectual property rights, as between Bling and the app marketplaces, Bling, not the app marketplaces, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Bling reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bling, and you agree to cooperate with Bling’s defense of these claims. You agree not to settle any matter without the prior written consent of Bling. "
You are not allowed to assign this Terms of Use or any rights or obligations hereunder. Bling is allowed at its sole discretion to assign this Terms of Use and any rights hereunder to any third party, without giving any prior notice.
The Application and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. The Bling Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE Bling PARTIES (AND IF YOU DOWNLOADED THE Application FROM THE APP STORE OR GOOGLE PLAY, APPLE OR GOOGLE) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE Application AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Application AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE Application AND CEASE USE OF THE Application AND ALL SERVICES. You further acknowledge that the Bling Parties (and if you downloaded the Application from the App Store or Google Play, Apple or Google) have no obligation whatsoever to furnish any maintenance or support services with respect to the Application and/or Services.
THE Bling PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE Bling PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE Application OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT. Loss of business or any other damages even Bling or the others also informed of their possibility.
IN NO EVENT SHALL THE Bling PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE Application AND/OR ANY OF THE SERVICES, THIS TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF Bling OR ANY OTHER Bling PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE Bling PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THIS TERMS OF USE OR USE OF THE Application OR ANY OF THE SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Bling Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Bling AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.
YOU AND Bling AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR Application MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Application from the app marketplaces, you further acknowledge that the app marketplaces have no responsibility for addressing any claims relating to the Application or Services or your possession and/or use of the Application or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Application or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
YOU ACKNOWLEDGE AND AGREE THAT Bling HAS OFFERED ITS Application AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Bling, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Bling. Bling WOULD NOT BE ABLE TO PROVIDE THE Application OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Any comments, suggestions, or feedback relating to the Application or any of the Services (the “Feedback”) submitted to Bling shall become the property of Bling. Bling will have exclusive ownership of all rights to the Feedback. Bling will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Bling will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Application or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
34.1 Notices.
Bling may provide you with notices, including those regarding changes to terms and conditions, by email, by notification, or postings on the Bling website. Notice will be deemed given twenty-four (24) hours after email is sent, unless Bling is notified that the email address is invalid. Notice posted on the Bling website is deemed given ten (10) days following the initial posting. Bling reserves the right to determine the form and means of providing notifications to our users.
34.2 Amendments.
Bling reserves the right to amend this Terms of Use at any time by publishing the revised Terms of Use on the Bling website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised Terms of Use shall become effective following the applicable notice period, unless you expressly accept the revised Terms of Use earlier by clicking on the accept button. Your express acceptance or continued use of the Application or Services after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Terms of Use. You are bound by any changes to the Terms of Use by using Bling services. We reserve the right to modify this Terms from time to time, so please review it frequently.
34.3 Ability to Contract.
You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use, and to abide by and comply with the terms and conditions of this Terms of Use.
34.4 Entire Agreement.
This Terms of Use represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of this Terms of Use is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
34.5 Waiver.
The failure of Bling to exercise or enforce any right or provision of this Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in writing and signed by Bling.
32.6 Headings.
The heading references herein are for convenience purposes only, do not constitute a part of this Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.
34.7 Applicable Law And Location.
These Terms of Use are governed by the laws of Hong Kong as such laws apply to agreements entered into and completed in Hong Kong law. The United Nations Convention Contracts for the International Sale of Goods (1980) is hereby excluded from the scope application of these Terms of Use. You agree that the Service is only deemed to be in Hong Kong and that the Service does not create personal jurisdiction over Bling (Specific or General) in jurisdictions other than Hong Kong. You further agree that the courts located in Hong Kong have exclusive jurisdiction and venue for all disputes and disputes relating thereto, including not limited to any disputes or disputes arising out of connection with the Application, Services or these Terms of Use. You agree that you will not initiate or sue any litigation against any Bling party outside the courts located in Hong Kong, and you hereby agree and waive all defenses that lack personal jurisdiction and forum inconvenience in such venues and locations and jurisdiction court.
34.8 Injunctive Relief.
You acknowledge that the obligations made hereunder to Bling are of a unique and irreplaceable nature, the loss of which shall irreparably harm Bling and which cannot be replaced by monetary damages alone so that Bling shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
34.9 Third Party Beneficiaries and Agreements.
If you downloaded the Application from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this Terms of Use, the app marketplaces will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Application and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Application and/or Services.
34.10 Injunctive Relief
You acknowledge that, with a unique and irreplaceable nature of the obligations under this Agreement undertake to Bling, its loss would be irreparable harm Bling, and it cannot be replaced only by monetary damages, so Bling is entitled to injunction or other equitable relief (no obligation). If there is any breach or anticipatory breach, you can post any bond or deposit. You irrevocably waive all rights to seek an injunction or other fair remedy.
34.11 Third Party Beneficiaries and Agreements.
If you download the Application from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License Agreement and that after you accept the terms and conditions of these Terms of Use, the app marketplaces will have a three-way beneficiary enforces these Terms of Use (and will be deemed to have accepted the right). You agree to abide that you are using the Application and Services.
34.12 Move Caution And Choose Exit
Bling may use carrier distributed mobile messaging (SMS) to verify ownership of registered mobile phone numbers.
Additional Information: For information or technical support for the event, please send an email to admin@jhongent.com.