Tencent QQ Chat for Facebook - Terms of Service

By using the Tencent QQ Chat for Facebook application (“the Application”), you are agreeing to be bound by these terms of service between you and Tencent (including our wider group of affiliate, subsidiary and related companies) (collectively, “we” or “us”), as revised from time to time (the “Terms”) in your use of the Application. Our policies (including the Privacy Policy and Acceptable Use Policy) form part of these Terms. A complete and current set of these Terms and our policies are available at http://qqchat.qq.com.

If you are using the Application on behalf of a company, partnership, association, government or other organisation, you represent and warrant that you are authorised to do so and that you are authorised to bind your organisation to these Terms.


Privacy Policy and Acceptable Use Policy

Our Privacy Policy explains how we use, share, disclose and store your personal data and any Content and our relationship with any third parties in relation to such data.

Our Acceptable Use Policy explains how you may and may not use the Application, including binding rules of conduct and how you can raise any conduct-related concerns with us.

By using the Application, you agree that both such policies are incorporated into these Terms and you agree to comply with such policies.


Other terms applicable to your use of the Application

You will need to register for a Tencent QQ Account (“Account”) in order to use the Application. Your use of such Account, and your use of Tencent QQ Chat (including any versions of Tencent QQ Chat other than the Application), is (in addition to any applicable terms set out in these Terms) subject to the general Tencent QQ Chat “Software License Agreement” (the “General QQ Agreement”), as set out at http://zc.qq.com/chs/agreement1_en.html and which are incorporated into these Terms. Please refer in particular to clause 3.2 of the General QQ Agreement in relation to further terms and conditions governing your use of your Account.

Except where otherwise expressly stated, these Terms do not set out the terms of service for any other services, whether offered by either Tencent or any other third parties, which you may use as part of or in relation to your use of the Application. Those other services may be governed by other terms and conditions, and you should review and accept those other services’ terms and conditions prior to you using those other services (and not use those other services if you do not accept their terms and conditions). In particular, please note that your use of the Application is subject to Facebook’s Terms of Services (as set out at http://www.facebook.com/legal/terms), which sets out the terms and conditions applicable to your general use of Facebook.

Please note that if you do not agree to such other terms and conditions as set out in the above paragraphs of this section, you may not be able to use the Application. Where there are any conflicts between these Terms and and any other agreements as contemplated under this section (including the General QQ Agreement and the Facebook Terms of Service), these Terms shall prevail to the extent of any such inconsistency.


The Application

You must comply with these Terms in your use of the Application. You must also comply with any specific instructions we give you as to how the Application are to be accessed or used, and only use the Application as permitted by and in accordance with all applicable law and regulations. You must review these Terms and our policies and instructions to understand what is permitted within your usage of the Application.

We may from time to time issue, revise or add specific instructions, policies and terms applicable to your use of the Application - such instructions, policies and terms form part of these Terms. Where any changes to these Terms are reasonably material to you, we will (where reasonably practicable) notify you via our webpage at http://qqchat.qq.com but we do not guarantee that any such notice will be given. By continuing to use the Application after any amendment to these Terms, with or without notice, you are agreeing to be bound by these Terms as revised.

The account you have opened with us to access the Application is personal to you and you shall not gift, lend or transfer your account to any person. Your account name remains our property and we can reclaim and reuse the account name once your account is terminated or deactivated for whatever reason by either you or us.

You are responsible for: (i) safeguarding any passwords used to access your account and the Application, and (ii) all use of the Application under your account. You will promptly notify us at qqimail@tencent.com if you believe that your password or account has been compromised. You acknowledge that as with other Internet-based applications, you may be exposed to security threats or issues (such as computer viruses and hackers) in your use of the Application, and you agree that we (and our affiliated companies) are not liable to you in any way in relation to any losses or liability arising from such security threats or issues.

As the Application and user experience are constantly evolving, we may from time to time add, change or remove scope or features from services (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether. Such changes may include or be in relation to the Application. We will (where reasonably practicable) give you advance notice of such changes, but do not guarantee that any such advance notice will be given.


Sharing your Content

If you submit, upload, transmit or display any content in connection with your use of the Application (your “Content”), you agree that such Content may be viewed by other users of the Application that you send such Content through to.

You: (i) retain your rights to any Content; and (ii) subject to our Privacy Policy, agree to give us, our affiliated companies and others that we work with, a worldwide, non-exclusive, royalty-free, sub-licensable licence to use, copy, reproduce, process, adapt, modify, translate, perform and distribute the Content: (iii) in order to develop the Application and analyse such services’ usage, as well as for us to share such Content with selected third parties for such purposes, provided that (subject to paragraph (iii)) we do not disclose your Content in the public domain at any time (and take reasonable commercial efforts to ensure that such third parties do the same); and (iv) to publicly display any Content that you expressly authorise us to display in the public domain (for instance, via the “Post Wall” feature in the Application, which allows all users to see messages that you post to the public “Post Wall” feature), For clarity, we will not display any of your Content in the public domain at any time unless you expressly authorise us to do so.

You agree that we are allowed to retain and disclose your Content to the extent required under applicable law or as demanded or requested by any government authority or law enforcement agent.

You are solely responsible for your Content. You must ensure that: (i) you have the rights you need to submit or transmit your Content, and (ii) your Content does not infringe the rights of any person or otherwise contravene any law and regulations. We do respond to notices of alleged intellectual property rights infringement and other claims and demands, and we reserve the right to block or remove your Content, or suspend your access to and use of the Application, as is in our opinion appropriate or as required by law.


Other content available from the Application

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content or data submitted to, transmitted or displayed by or linked by the Application, including the content or data provided by any other users or advertisers. You acknowledge and agree that by using the Application you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on and consumption of any content on the Application by you is at your own risk.

If you think that anyone is infringing your rights on the Application, or where you have any concerns regarding any content on or any other aspects of the Application, please contact qqimail@tencent.com. Your use of the Application does not give you any rights in or to the Application, the branding relating to the Application or any content you may access or obtain in connection with your use of the Application. We may from time to time deliver advertisements and commercial content to you. You agree that we are allowed to do so and may not always identify paid services and communications as such.


Our intellectual property rights

All intellectual property rights in the Application and software (including any future updates, upgrades and new versions) shall continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding the Application are entirely voluntary and we will be free to use such comments and suggestions in our discretion without any obligation to you.

Where the Application involve you downloading and using any software from us, we grant you a personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use this software in order to use the Application in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device).

You may not copy, modify, reverse engineer or extract source codes from our software, and you may not create any derivative works from our software, except to the extent that we may not prohibit you from doing so under applicable law or you have our prior written consent to do so.

Please note that our software may update automatically on your device once a new upgrade or version is available. Some of the Application may not operate properly or at all if upgrades or new versions are not installed.


Warranty and disclaimer

We warrant that we will provide the Application using reasonable care and skill. However, apart from this warranty, neither us nor any of our affiliated companies make any representation or warranty or give any undertaking in relation to the Application, our software or any content submitted, transmitted or displayed by the Application, including any representation, warranty or undertaking that the Application will be uninterrupted, secure or error-free or that our software or services will be compatible with your device or any software operating on it or be of merchantable quality or fit for a particular purpose. All of the Application are provided on an “as is” and “as available” basis.


Liability for the Application

The total aggregate liability of us and our affiliated companies in connection with these Terms or the Application, arising out of any circumstances, shall be limited to the amount that you have paid to us for your use of the Application in the 6 months immediately preceding the date of the most recent claim. In no event will we or any of our affiliated companies be liable in connection with these Terms or the Application for any indirect, special, consequential or punitive damages or for any loss of business, revenues, profits, goodwill, content or data. Nothing in these Terms shall limit or exclude any liability under any indemnity, any liability for any loss arising from death or personal injury caused by negligence or fraudulent misrepresentation or any other liability, to the extent that any such liability cannot be limited or excluded by law. You agree that if you are using the Application: (i) on behalf of a company, partnership, association, government or other organisation, you represent and warrant that you are authorised to bind that organisation to; and (ii) indemnify us, our partners and our affiliated companies against any claims, demands, losses, costs, expenses and liabilities arising from such use or any breach of these Terms. Please note that we are not responsible for any charges you incur from any other party (including any telecommunication service charges) in relation to your use of the Application.


Termination

These Terms will apply to your use of the Application until access is terminated either by you or by us. Following termination of these Terms, we will only retain and use your content and data in accordance with these Terms and our Privacy Policy.

We may suspend or terminate your access to your account or any or all of the Application: (i) if we believe that you have breached these Terms; (ii) if your use of the Application creates risk for us or for other users of the Application, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use the Application for a prolonged period; or (iv) for any other reason, at our sole discretion.


General

These Terms are the entire agreement between you and us in relation to the Application. You agree that you will have no claim against us, our partners or any of our affiliated companies for any statement which is not explicitly set out in these Terms. No delay in enforcing any provision of these Terms shall be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of the respective parties, will remain in effect after termination or expiration of these Terms.

These Terms and any dispute or claim arising out of or in connection with these Terms shall be governed by the laws of the Hong Kong Special Administrative Region. All legal proceedings arising out or in connection with these Terms shall be non-exclusively brought in the courts of the Hong Kong Special Administrative Region.

Where there is any inconsistency between the English and any other language versions of these Terms, the English version will prevail to the extent of such inconsistency.