ADHUB Terms and Conditions of Use
These ADHUB Terms and Conditions of Use (these "Terms and Conditions") set forth the terms and conditions for the use of any services or features of ADHUB (collectively, the “Services”) provided by ADHUB Corporation ("ADHUB") to users of the Services (the "User” or “Users” depending upon the context).
The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.
1.1 “Contents” means information such as text, sounds, music, images, videos, software, programs, computer code, and other information.
1.2 "ADHUB Account" means a user account to the “ADHUB” messenger service operated by ADHUB.
1.3 “ADHUB Coin” refers to the prepaid payment instrument or the like which Users may exchange for services and Contents which are provided for a fee within the Services.
1.4 “ADHUB Account” refers to the individual account issued to each User for the use of the Services.
2. Agreement to these Terms and Conditions
2.1 All Users shall use the Services in accordance with these Terms and Conditions. Users may not use the Services unless they agree to these Terms and Conditions.
2.2 Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians. Furthermore, if Users will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also agree to these Terms and Conditions prior to using the Services.
2.3 If there are separate terms and conditions applicable to the Services, Users shall also comply with such separate terms and conditions as well as these Terms and Conditions in using the Services.
3. Modification of these Terms and Conditions
ADHUB may modify these Terms and Conditions when ADHUB deems it to be necessary, within the scope of the purposes of the Services. In such case, ADHUB will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the modification, on the Services or on ADHUB’s website, or will publicize the same to Users by notifying Users in the manner prescribed by ADHUB. The modified version of these Terms and Conditions shall become effective as of the effective date thereof.
4.1 In using the Services, Users will need to obtain a ADHUB Account. Users must also register their telephone number and e-mail address with their ADHUB Account in advance to log-into the Services. Users should further note that the ADHUB Terms and Conditions of Use, which Users have consented to when creating their ADHUB Account, will apply to the management and other use of the ADHUB Account.
4.2 ADHUB reserves the right to delete any ADHUB Account that has been inactive for a period of one (1) year or more since its last activation, without any prior notice to User.
4.3 Any and all rights of a User to use the Services and their usage history shall cease to exist when such User’s ADHUB Account and/or ADHUB Account has been deleted for any reason. Please take note that a User’s right to use their ADHUB Account and/or ADHUB Account and their usage history cannot be retrieved even if a User has accidentally deleted their ADHUB Account and/or ADHUB Account.
4.4 Each account in the Services is for exclusive use and belongs solely to the User of such account. Users may not transfer, lease or otherwise dispose their rights to use the Services to any third party, nor may the same be inherited or succeeded to by any third party.
5.1 ADHUB places its top priority on the privacy of its Users.
5.3 ADHUB promises to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information collected from Users.
6. Provision of the Services
6.1 Any and all rights arising out of or related to the Services (including, without limitation, intellectual property rights such as copyrights, trademark rights, and patent rights) shall belong to ADHUB or to ADHUB’s third-party licensors.
6.2 ADHUB grants Users the right to use the Services pursuant to these Terms and Conditions and any other separate terms and conditions of use posted within the Service.
6.3 Even if terms such as "Purchase" or "Sales" and the like appear on the screens for the Service, no contentintellectual property rights or property rights in and to the Contents will in any way be transferred to Users. Users will only be granted usage rights as set forth in Clause 6.2 above.
6.4 Users shall comply with all service-specific terms and conditions when using any service or content that is either purchased or exchanged for ADHUB Coin in the Service.
6.5 Any service or content obtained in exchange for ADHUB Coin may only be used in the ADHUB Account with which ADHUB Coin has been charged.
6.6 Users shall supply PCs, mobile phone devices, smart-phones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Services at their own responsibility and expense.
6.7 ADHUB reserves the right to limit access to all or part of the Services by Users depending upon conditions that ADHUB considers necessary, such as the age and identification of User, current registration status, and the like.
6.8 ADHUB reserves the right to modify, at ADHUB's discretion, all or part of the Services as ADHUB determines necessary anytime without any prior notice to Users.
6.9 ADHUB may cease providing all or part of the Services without any prior notice to Users in case of the occurrence of any of the following:
(1) When conducting maintenance or repair of systems;
(2) When the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute, etc.;
(3) When there is system failure or heavy load on the system;
(4) When securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or
(5) When ADHUB otherwise reasonably determines it to be necessary, other than those set forth in items (1) through (4)
7. Third-Party Services
Adhub use 2c2p services for creditcard & other payment type that provided by 2c2p in order that user purchase services from Adhub such as Membership Plan or other services in the future. For Buyer also can use 2c2p services for payment of the advertising they buy. Any Charge from 2c2p is user (buyer and seller) responsibility and not Adhub Responsibility. Because this is 3rd party services for help user pay easily.
8. ADHUB Coin
8.1 ADHUB Coin will be provided to Users by the means specified by ADHUB, such as purchases in the Services, redemption of gift cards and other pre-purchased media, special offers and the like. The purchase unit, method of payment, and any other terms and conditions for granting ADHUB Coin will be determined by ADHUB and indicated in the Services or on ADHUB’s website.
8.2 ADHUB Coin may not be exchanged or used for cash, property or other economic gain other than the services and Contents designated by ADHUB. The amount of ADHUB Coin required for receiving the services or Contents, as well as other terms for the exchange of ADHUB Coin, will be determined by ADHUB and indicated accordingly in the Services or on ADHUB’s website. Once Users initiate the process of exchanging ADHUB Coin for Contents or services, this process cannot be canceled.
8.3 ADHUB Coin may only be used by the ADHUB Account that has obtained the same.
8.4 ADHUB Coin will not be refunded for any reason whatsoever; provided, however, that this shall not apply if necessary under applicable laws and regulations. In such case, ADHUB shall determine the process for refunds in accordance with the relevant laws and regulations, and such information will be made available on the Services or on ADHUB’s website, etc.
9. Provision of Membership Plan Services
9.1 Users may receive services in exchange for payment of a fee or under the terms and conditions prescribed by ADHUB, wherein the Users pay a certain amount of fees to use certain Contents designated by ADHUB for a certain period of time (the “Membership Plan”). Users shall abide by these Terms and Conditions, the fees for the Membership Plan, the payment method thereof, as well as other terms and conditions of use posted on the Services or on ADHUB’s website.
9.2 Users may take procedures for the cancellation of Membership Plan at any time; provided, however, that even if a User takes the procedures for cancellation prior to the intended period of use, it will not be possible to change such period of use, and it will not be possible to cancel the purchase of the Membership Plan. In such case, the fees already paid will not be refunded, nor will there be any refund on a pro rata basis. However, the foregoing will not apply if not permissible under laws or regulations. In such case, the refund method will be determined by ADHUB in accordance with the applicable laws and regulations, and will be made available on the Services or on ADHUB’s website, etc.
9.3 If a User does not complete their cancellation procedure by the designated date and time, the period of use of the Membership Plan may be automatically renewed in accordance with the terms prescribed by ADHUB even after the end of the period of use of such Membership Plan.
10. Restricted Matters
ADHUB prohibits Users from engaging in any of the following acts when using the Services:
10.1 Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
10.2 Acts that may be in violation of public order, morals or customs;
10.3 Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with ADHUB and/or a third party;
10.4 Acts of posting or transmitting excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others;
10.5 Acts that lead to the misrepresentation of ADHUB and/or a third party or that intentionally spread false information;
10.6 Acts or exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by ADHUB;
10.7 Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by ADHUB); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against other Users; or otherwise using the Services for purposes other than as intended by the Services;
10.8 Acts that benefit or involve collaboration with anti-social groups;
10.9 Acts of unauthorized or improper collection, disclosure, or provision of any other person’s personal information, registered information, user history, or the like;
10.10 Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of bots, cheat tools, or other technical measures; making unreasonable inquires and/or undue claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering ADHUB's operation of the Services or Users' use of the Services;
10.11 Acts of decoding the source code of the Services, such as by way of reverse engineering, disassembling or the like for unjustifiable purposes or in a wrongful manner;
10.12 Acts that aid or encourage any acts stated in Clauses 10.1 to 10.11 above; and
10.13 Acts other than those set forth in Clauses 10.1 to 10.12 that ADHUB reasonably deems to be inappropriate.
11. User Responsibility
11.1 Users shall use the Services at their own risk, and shall bear any and all responsibilities for actions carried out and the results from the use of the Services.
11.2 ADHUB may suspend the use of all or part of the Services, suspend or delete ADHUB accounts, cancel any agreement between a User and ADHUB with respect to the Services (including, without limitation, any agreement based on these Terms and Conditions, hereinafter the same) or take any other measure ADHUB reasonably determines to be necessary and appropriate without prior notice to such User in the case that such User falls under or there is a possibility that such User falls under any of the following items:
(1) User is in breach of applicable laws and regulations, these Terms and Conditions or any Separate Terms and Conditions;
(2) User is a member of an anti-social group or a related party thereof;
(3) User tarnishes ADHUB’s credibility such as by spreading false information, using fraudulent means or force, or other unlawful means;
(4) User is subject to a petition for attachment, provisional attachment, or auction, or the commencement of procedures such as bankruptcy, civil rehabilitation or similar procedures, or ADHUB otherwise reasonably determines that there is uncertainty with respect to User’s credibility; or
(5) The relationship of trust with User is lost or ADHUB otherwise reasonably determines that it would not be appropriate for ADHUB to provide the Services to User, due to reasons other than as set forth in items (1) to (4) above.
11.3 In the case where ADHUB suffers loss/damage either directly or indirectly (including, without limitation, attorney fees) due to a User’s use of the Services (including, without limitation, cases where ADHUB is sued for damages by a third party due to such use), the User shall immediately compensate ADHUB for such damages in accordance with ADHUB’s request.
12. NO WARRANTY
ADHUB SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING THE CONTENTS), INCLUDING, WITHOUT LIMITATION, THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. ADHUB WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING USERS WITH THE SERVICES (INCLUDING CONTENTS) AFTER DELETING SUCH DEFECTS.
13. ADHUB’s LIMITATION OF LIABILITY
13.1 ADHUB WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS FROM THE USE OF THE SERVICES, UNLESS SUCH DAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ADHUB; PROVIDED, HOWEVER, THAT, IN THE CASE THAT THE AGREEMENT BETWEEN THE USER AND ADHUB WITH RESPECT TO THE USE OF THE SERVICES FALLS UNDER A CONSUMER CONTRACT AS DEFINED UNDER THE CONSUMER CONTRACT ACT (“CONSUMER CONTRACT”), ADHUB WILL BE LIABLE TO PROVIDE COMPENSATION FOR DAMAGE ARISING DUE TO NEGLIGENCE ON THE PART OF ADHUB (EXCLUDING GROSS NEGLIGENCE) ARISING FROM CONTRACT OR TORT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICES RECEIVED FROM SUCH USER FOR FEE-BASED SERVICES FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM.
13.2 IF A USER INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF ADHUB, ADHUB WILL BE RESPONSIBLE TO PROVIDE COMPENSATION FOR THE DAMAGE INCURRED BUT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICES RECEIVED FROM SUCH USER FOR FEE-BASED SERVICES FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT APPLY IF THE AGREEMENT BETWEEN SUCH USER AND ADHUB FALLS UNDER THE DEFINITION OF A CONSUMER CONTRACT.
14. Relationship between these Terms and Conditions and Laws and Regulations
If the terms of these Terms and Conditions violate any laws and regulations applicable to the agreement between Users and ADHUB with respect to the Services (including, without limitation, the Consumer Contract Act), such terms, to the extent of such violation, shall not apply to the agreement with the Users; provided, however, that the remaining terms of these Terms and Conditions shall not be affected.thai
15. Notification and Contact
15.1 For notifications from ADHUB to Users regarding the Service, ADHUB will use a method that ADHUB considers appropriate, such as posting in an appropriate place within the Services or on ADHUB’s website.
15.2 For notifications from Users to ADHUB regarding the Services, Users shall use the customer inquiry form available on the Services or on ADHUB’s website or through other means designated by ADHUB.
16. Governing Law and Jurisdiction
Where ADHUB has provided Users with a translation of the Thai language version of these Terms and Conditions (the “Thai Version”), the Thai Version will govern the relationship between Users and ADHUB. In the event of any conflict between the Thai Version and a translation thereof, the provisions in the Thai Version shall take precedence over any other translation. These Terms and Conditions will be governed by the laws of Thai. Any conflicts between Users and ADHUB that arise from or in connection with the Services shall be resolved under the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
March 31, 2020