1. Your Relationship with Us
Welcome to MiniShow. MiniShow is an online audio and video reading platform that provides
literature, television works and other reading materials (the "Platform","MiniShow"). The
Platform operated by Kingfung Technology Corporation Limited., its subsidiaries, parents
and/or affiliates (collectively, "we", "us", or "our"). These terms of services("Terms"),
together with all documents referred to herein and all other operating rules, policies
and procedures that MiniShow may publish from time to time, govern MiniShow’s relationship
with users (“user(s)”, “you”, “your”) of the MiniShow platform located at the website
www.bisonshorts.com, including all sub-domains and associated websites
(collectively, the “Website”), the MiniShow mobile application(s), including
iPhone and Android mobile applications (“Apps”), any and all other platforms on which
content is accessed, published, or distributed, and
all associated services, features, or content made available through any of the foregoing
(“Services”, “Service Content”). The Terms constitute a legally binding agreement between
you and us. Please Read them carefully.
2. Accepting these Terms
2.1 By accessing, or using our Services, you confirm that you have read, understood, and
agreed to these Terms, and you can form a binding contract with us. If you do not agree to
these Terms, please do not use the Platform
and you are not granted permission to access, view, or otherwise use the Platform for any
purpose.
2.2 MiniShow may add to, change, or remove any part of the terms at any time. Any changes
to this Terms of Use or any terms posted on this Site apply as soon as they are posted. By
continuing to use this Site after any
changes are posted, you are indicating your acceptance of those changes. MiniShow may add,
change, discontinue, remove, or suspend any other Content posted on this Site, including
Works described or depicted on the Site,
temporarily or permanently, at any time, without notice and without liability.
3. Your Eligibility
You must be at least 13 years of age (this age limit may be higher in some jurisdictions) to
use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you
are at least 13 years of age; (b) you
have not previously been suspended or removed from the Service; and (c) your registration
and your use of the Platform follows all applicable laws and regulations. If you are using
the Service on behalf of an entity,
organization, or company, you represent and warrant that you have the authority to bind that
organization to these Terms and you agree to be bound by these Terms on behalf of that
organization. If we learn someone under 13
or does not have the said eligibility is using MiniShow Services, we'll terminate their
account.
4. Registration and Accounts
4.1 In order to use the Platform, you are required to register for a MiniShow account (an
"Account"). You agree that all information that you submit during the Account signup
process, or additional information you submit to
your Account profile at any time thereafter, shall be accurate and truthful, and you shall
keep the same up to date.
4.2 Your Account is unique and personal to you, and you are responsible for maintaining the
security of, and restricting access to, your account and password, and you agree to accept
responsibility for all purchases and
other activities that occur under your Account. You are responsible for maintaining the
confidentiality of your login credentials you use to sign up for MiniShow, and you are
solely responsible for all activities that occur
under those credentials. If you think someone has gained access to your account, please
immediately contact us.
4.3 You can delete your Account, and you should understand that upon
deletion of your Account, you will lose the right to access or use all or part of the
Platform.
4.4 You may register for and login to MiniShow using login functionalities provided by
third-party platforms, such as Google and Apple. In addition to the Terms, you agree to
comply with the relevant third-party platform’s
terms of service applicable to your use of such functionalities.
4.5 We reserve the right to disable, suspend, or terminate your Account in our sole
discretion, at any time, if in our reasonable opinion you have failed to comply with any of
the provisions of these Terms, our Privacy
Policy, or any other policies.
5. Your Access to and Use of Our Services
5.1 Usage Mode
(a) Unless otherwise agreed with us, you agree that the Service is for your
personal, non-commercial use only.
(b) You shall use the Service in a manner provided or approved by us. Your
rights under the terms of this Agreement are non-transferable.
(c) You shall not use plug-ins, or third-party tools which are not
authorized by us to disturb, destroy, modify, or otherwise affect the services hereunder.
5.2 Breach of the above provisions shall be deemed as your material breach.
6. Your Equipment
6.1 You should understand that if you use the Services, you need to prepare terminal
equipment (such as computer, modem, and other devices) related to the Services by yourself,
and bear the necessary expenses (such as
telephone charges, Internet charges and other fees).
6.2 You should understand and agree that your use of the Services will
consume your terminal devices, bandwidth, and other resources.
7. Subscription
7.1 Free Tier
The Services may be provided free-of-charge (i.e., without requiring a paid subscription).
In such circumstance, you agree to us providing advertising and other information to you. We
reserve the right to suspend, modify and
terminate any Services provided free-of-charge at any time at our sole and absolute
discretion.
7.2 Paid Subscription
Your membership is for a pre-determined duration as agreed when you subscribe. Depending on
your selection, it may thereafter automatically renew on a month-to-month basis until
terminated. You must have a device that
supports the Platform and internet access in order to view the Service Content. You will
also need to provide a current, valid, accepted method of payment (which may be updated from
time to time). If you select the automatic
renewal option, in order to avoid further billing of charges for the Services, you must
cancel your membership at least 24 hours prior to the commencement of the relevant renewal
period. Subscription plans may be offered by
us directly. Please be aware that different subscription plans may have additional terms,
such as special offers, and these are disclosed to you upon sign-up or through other
communications.
7.3 Billing
The subscription fee for the Service and any other charges incurred (such as taxes and
transaction fees) will be charged on a one-time basis, or on a monthly basis (if you select
the automatic renewal option) to your
selected payment method on the calendar day that corresponds to the date you commenced
paying for the Service (or such other date, if that date has changed due to declined method
of payment or other reason). We will
authorize your payment method in anticipation of future subscription charges once you have
subscribed. Your balance or credit limit will be adjusted accordingly to reflect the
authorized amount.
7.4 Payment
The valid, permitted payment methods are in your Account Page. You may update your payment
method from time to time. You authorize us to continue charging the selected payment method.
If your primary payment method is
declined you authorize us to charge any amounts owed to any other methods of payment you
have connected to your account. You remain responsible for any uncollected charges. We may
suspend your account if your method of
payment is declined and will reactivate such service once you have settled the outstanding
amount. Please note that certain payment methods may attract additional charges (such as
exchange fees or processing fees). You are
solely responsible for payment of such charges.
7.5Cancellation
You can cancel your subscription to the Services at any time. You will have access to the
Services until the date your paid-up subscription ceases. We do not issue partial refunds or
credits for termination of Services
mid-billing cycle. If you have signed up for the Services via a third party, you may need to
terminate through that third party (for example, if you have subscribed through an in-app
store payment method). The method of
terminating your service varies by provider, such as switching off “Auto – renew” in your
third-party account settings.
7.6Charges
We may change the plans we offer for subscribing to the Services, or adjust the pricing of
the same, at any time and in any manner we determine. Any changes to charges or your
subscription, including notifications of the
same, will take effect in accordance with these Terms.
7.7Refunds
Except as specifically provided for in these Terms, payments are non-refundable. However, if
you unsubscribe from the Services, you will have access to the Services until the end of
your billing cycle. We may from time to
time, at our sole and absolute discretion, elect to offer you or any other subscriber a
refund, discount, or other credit in relation to the Services.
7.8Promotions
In addition to these Terms, a Promotion made available by MiniShow through the Platform, or
otherwise may have specific rules that are different from these Terms. By participating in a
Promotion, you agree to and will
become subject to those additional terms and conditions, which will be provided to you when
a Promotion is offered. MiniShow urges you to review all rules before you participate in
any Promotion. The rules of a specific
Promotion will take priority over these Terms in the event of any conflict of the language
with a given Promotion.
8.Content
8.1 As between you and the Platform, all content, software, images, text, graphics,
illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio,
videos, music on and "look and feel" of the
Services, and all intellectual property rights related thereto (the "Service Content"), are
either owned or licensed by MiniShow. Use of the Service Content or materials on the
Services for any purpose not expressly
permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any purpose whatsoever
without our or, where applicable, our licensors' prior written consent. We and our licensors
reserve all rights not expressly granted in and to their content.
8.2 Subject to your full compliance with the Terms and to the extent we are lawfully able to
grant such rights, MiniShow grants you a non-exclusive, non-sublicensable and
non-transferable license to the Intellectual
Property solely for the purposes of accessing Works, using the Platform, and for other
purposes expressly stated herein.
8.3For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any
third party’s intellectual property rights, and all right, title and interest in and to such
property will remain vested with
MiniShow or our Licensors.
9.Comments on Platform
9.1MiniShow welcomes your interaction on the Platform, and you may be able to submit
materials to MiniShow which are not Content. By submitting any comments or feedback
(together, a “Comment” or “Comments”) through the
Platform or otherwise, such as emailing MiniShow about the Platform, posting on a message
board, or reviewing a Work, MiniShow will be free to use the Comment for any purpose, in
all media, in perpetuity, without owing any
obligation or liability to you whatsoever. If you wish to keep a Comment private or
proprietary, please do not transmit any Comment to MiniShow or share any Comment with
others.
9.2Comments must not include or embody, in whole or part, (a) 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; (b) slander, defame,
libel, or invade the right of privacy, publicity or other property rights of any other
person; or (c) any other MiniShow policies or
guidelines to which your User Content is subject; (d) cause MiniShow to violate any law or
regulation.
9.3Comments found to be in violation of any of the above may subject you to the termination
or suspension of your Account or the immediate removal of the Comments from the Platform,
without notice to you, in our sole
discretion.
10. Products or Services Provided by The Third Parties
10.1When you use products or services provided by a third party on the Platform, you shall
abide by this agreement and the user agreement of the third party. MiniShow and the third
party bear their respective
responsibilities to the possible disputes in the legal scope thereof.
10.2The Platform may contain links or embedded material to third party content, which
MiniShow has not reviewed, including, without limitation, other websites and third-party
services, for the convenience of visitors,
advertising purposes, or for other similar functions related to MiniShow’s Services.
MiniShow linking or embedding to third party content does not imply an advertisement or
endorsement of any good, service, product, or
otherwise, provided by such third party. MiniShow is not responsible for any third-party
content linked or embedded to or from the Platform and expressly disclaims, without
limitation, any responsibility for any third-party
content, the accuracy of any information found on any third-party website, or the quality of
products of services provided by or advertised on such third-party website.
11.Restricted User Conduct
11.1Except and solely to the extent such a restriction is impermissible
under applicable law, you may not:
(a) reproduce, distribute, publicly display, or publicly perform the
Service;or
(b) make modifications to the Service; or
(c) interfere with or circumvent any feature of the Service, including any
security or access control mechanism.
If you are prohibited under applicable law from using the Service, you may
not use it.
11.2You will not alter or modify the Platform in any way nor use other technology or means
to access the Platform except for the means authorized by MiniShow, including, without
limitation, using no bots, spiders, or other
automated means of accessing the Platform.
12. Software in the Services
12.1 MiniShow hereby grants you a personal revocable, limited, non-transferable and
non-exclusive license to download software that you may need to use the Service. You may use
the software only for non-commercial access to
or use of the Services.
12.2 In order to improve user experience, ensure the security of the Services and
consistency of product functions, MiniShow may update the software at any time. You should
update the relevant software to the latest
version, otherwise MiniShow does not guarantee that it can be used normally.
13.Disclaimers
13.1The Platform is made available “as is”, “as available”, and “with all faults” for the
stated purposes herein. Use of the Platform is entirely at your own risk and you should use
your best judgment and exercise caution
while using the Platform.
13.2MiniShow makes no guarantee that your use of the Platform, and all other features or
functionalities associated with the Platform, or delivery or display of the Platform, will
be available, uninterrupted, interference
free, or error free, or be free from any viruses, worms, or other security intrusions. You
understand and agree that you use the Platform, and use, access, download, or otherwise
obtain materials or content through the
Platform and any associated sites or Platforms, at your own discretion and risk, and that
you are solely responsible for any damage to your property (including your computer system
or mobile device used in connection with
the Platform), or the loss of data that results from the use if the Platform or the download
or use of that material or content.
13.3MiniShow does not guarantee the availability, delivery, performance, pricing, or
punctuality of any Works or other Intellectual Property appearing on the Platform. Without
limitation, this includes making no guarantee
that any future chapters of an e-book are posted by a author or publisher in a timely
manner, that e-books will remain available on the Platform, or the pricing of Works or
Services.
13.4MiniShow assume no responsibility for the deletion or failure to store any Comments or
other information submitted by you to the Platform, and we expressly do not promise to store
or keep any Comments that you have
submitted to the Platform. You are solely responsible for saving backup copies of any
Comments that you upload to the Platform.
13.5You understand and agree that MiniShow is not liable for any failure of performance due
to any cause beyond its control, including, without limitation, acts of God, fire,
explosion, vandalism, terrorism, weather
disturbances, national emergencies, riots, wars, labor difficulties, supplier failures,
shortages, breaches, action or request by any government, suspension of existing service in
compliance with state or federal law, rule,
or regulations.
14. Compliance with Legal Supervision
14.1 When using the Services, you shall abide by relevant laws and regulations, and respect
local morals and customs. If your behavior violates laws and regulations or moral customs,
you should bear the responsibility for it
independently.
14.2You should avoid involving MiniShow in political and public events by
using the Services, otherwise MiniShow reserves the right to suspend or terminate the any
or all Services to you.
15. Violations of Laws and Breach
15.1 When using the Service, you shall abide by laws and regulations and provisions hereof,
and shall not use the Services to engage in illegal activities or acts in violation of
provisions hereof, including but not limited
to:
(a) Publish, transmit, disseminate, or store contents or materials that is exploitive,
obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit,
or pornographic, violent, inflammatory, or
discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or
age or other such prohibited ground or be otherwise objectionable;
(b) Publish, transmit, disseminate, or store contents or materials that
infringes upon others' intellectual property rights, trade secrets and other lawful rights;
(c) Maliciously fabricate facts, conceal the truth to mislead, deceive
others;
(d) Publish, transmit, and disseminate advertising information and spam
information;
(e) Commercial use of the contents or materials provided by the Platform;
(f) Other conducts that violates any applicable federal, provincial, local,
or international law or provisions hereof.
15.2 If you violate the provisions of this Article, the relevant national authorities or
institutions may file a lawsuit against you, impose a fine or take other sanctions against
you, and require MiniShow to assist. you
shall compensate for the cased damages according to law, MiniShow does not assume any
responsibility.
15.3 If MiniShow finds or receives reports from others that the information you post
violates this provision, MiniShow shall be entitled to make independent judgment and take
technical measures to delete, block or
disconnect the link. At the same time, MiniShow shall have the right to take measures
including but not limited to suspending or terminating the Services, limiting, freezing or
terminating the use of your account, without
refunding the fees you have paid, or seeking legal liability based on the nature of the
user's behavior.
16.Limitation of Liability
16.1Notwithstanding anything to the contrary contained herein, MiniShow shall not be liable
to you for any direct, indirect, special, incidental, consequential, exemplary,
extra-contractual, or punitive damages of any kind
whatsoever, which are in any way related to the Platform or these Terms, regardless of legal
theory (including, without limitation, contract, tort, personal injury, property damage,
negligence, warranty, or strict
liability), whether or not MiniShow has been advised of the possibility or probability of
such damages, and even if the remedies otherwise available fail of their essential purposes.
If you are dissatisfied with the
Platform, or with any of these Terms, or feel MiniShow has breached these Terms, your sole
and exclusive remedy is to discontinue using the Platform. This limitation of liability is
part of the basis of the bargain between
us.
16.2Notwithstanding anything to the contrary herein, if any part of this limitation of
liability is found to be invalid or unenforceable for any reason, MiniShow’s agreement
liability arising out of breach of this Terms
and/or your use of the Platform will not exceed, in the agreement amount for all claims,
five hundred dollars ($500.00 USD).
17.Indemnification
17.1You are responsible for your use of the Platform, and you will defend and indemnify
MiniShow and its officers, directors, employees, consultants, affiliates, subsidiaries and
agents (together, the “MiniShow Entities”)
from and against every claim, liability, damage, loss, and expense, including reasonable
attorneys' fees and costs, arising out of or in any way connected with:
(a) your access to, use of, or alleged use of, the Platform;
(b) your violation of any portion of these Terms, any representation,
warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(c) your violation of any third-party right, including any intellectual
property right or publicity, confidentiality, other property, or privacy right; or
(d) any dispute or issue between you and any third party.
17.2MiniShow reserves the right to take over the exclusive defense of Claims for which
MiniShow is entitled to indemnification, and in such event, you shall provide prompt and
reasonable cooperation to MiniShow at your
own expense.
17.3MiniShow reserves the right to suspend or terminate the Services,
and/or terminate the service agreement and legal relationship between the parties without
refunding the fees you have paid.
18.Infringement of Intellectual Property Rights
18.1MiniShow respects the intellectual property rights of others and desires to offer a
Platform that contains no material that violates the intellectual property rights of others.
If you believe in good faith that your
intellectual property rights have been infringed through use on the Platform, you may notify
us by email at: eason@kingfung.biz with “Notice of Infringement” in the subject line,
which contains: An electronic or physical
signature of the person authorized to act on behalf of the owner of the copyright (or other
intellectual property) interest; A description of the copyrighted work (or other
intellectual property interest) that you claim has
been infringed; A description specifying the location on the Platform of the material that
you claim is infringing; Your email address and your mailing address and/or telephone
number; A statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright (or other intellectual
property) owner, its agent, or the law; and A statement by you made under penalty of
perjury, that the information in your notice
is accurate and that you are the copyright (or other intellectual property) owner or
authorized to act on the copyright (or other intellectual property) owner’s behalf.
18.2If you believe that a notice of intellectual property infringement has been improperly
submitted against you, you may submit a “Counter-Notice of Infringement” to MiniShow, which
contains: Your physical or electronic
signature; Identification of the material removed or to which access has been disabled; A
statement under penalty of perjury that you have a good faith belief that removal or
disablement of the material was a mistake or that
the material was misidentified; and Your full name, your email address, your mailing
address, and a statement that you consent to the jurisdiction of the court (a) in the
judicial district where your address is located if
the address is in Hong Kong, or (b) located in Hong Kong, if your address is located outside
Hong Kong, and that you will accept service of process from the complainant submitting the
notice or his/her authorized agent.
18.3Any notice or counter-notice you submit pursuant to the foregoing must be truthful and
must be submitted under penalty of perjury. A false notice or counter-notice may give rise
to personal liability. You may therefore
want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Notwithstanding anything to the contrary stated herein, please note that whether MiniShow
disables access to or removes any materials
pursuant to the foregoing or not, MiniShow may disclose your identity to any third party
who has alleged a violation of intellectual property rights hereunder, or supplied us with a
counter-notice, as well as disclose the
contents of any notice of counter-notice. You acknowledge and agree that any disclosures by
us pursuant to the foregoing shall not violate any of your rights, including, without
limitation, any rights of privacy that you may
have.
19. Effect and Modification
19.1 If you use the Services, you shall be deemed to have read and be bound
by this Agreement.
19.2 We reserves the right to modify the terms of this Agreement if
necessary. You can view the terms and conditions of the latest version on the related
service page.
19.3 If you continue to use the software or Services provided by us after the terms of this
Agreement are changed, you shall be deemed to have accepted the revised Agreement. If you do
not accept the revised agreement, you
should stop using our software and Services.
20.Choice of Law and Dispute Resolution
20.1You consent and agree that the Terms will be exclusively governed by the laws of
Hong Kong applicable to contracts entered and performed within Hong Kong and notwithstanding
any conflict of law principles.
20.2You and MiniShow agree that any dispute, claim, or controversy between you and
MiniShow arising in connection with or relating in any way to these Terms or to your
relationship with MiniShow (whether based in
contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the
claims arise during or after the termination of the Terms) will be determined by mandatory
binding arbitration. Any arbitration
between you and MiniShow will be resolved by binding arbitration administered by the
Hong Kong International Arbitration Centre (“HKIAC”) under the Administrative Arbitration
Rules of the Hong Kong International Arbitration
Centre in force when the notice of arbitration is submitted.
20.3 No matter the provisions of this Agreement are partially invalid or
unenforceable for any reason, the remaining provisions shall remain valid and binding on
both parties.
21. Privacy Policy
21.1 Protecting users' personal information is a basic principle of MiniShow. You may need
to fill in some necessary information when registering for an account or using the Services
on the Platform. Please read our Privacy
Policy carefully for information relating to our collection, use, storage, and disclosure of
your personal information. Our Privacy Policy is incorporated by this reference into, and
made a part of, these Terms.
21.2 Please refer to our Privacy Policy. If there is any inconsistency between this
Agreement and our Privacy Policy, this Agreement shall apply. If no provisions of our
Privacy Policy are stipulated in this Agreement, the
provisions of our Privacy Policy shall prevail.
22.Miscellaneous
22.1Notices
All legal notices pursuant to the Terms shall be in writing and shall be given by email to
MiniShow at: eason@kingfung.biz. By using the Platform, you agree that any notice due
under the Terms that MiniShow sends you
electronically will satisfy any legal communication or notification. You agree to keep all
your contact information contained in your Account up to date, and we are not responsible in
the event you fail to keep your Account
or contact information up to date.
22.2Contact Information
The Platform is operating by Kingfung Technology Corporation Limited., located at Suite 902, One Midtown, 11 Hoi Shing Road, Tsuen Wan, N.T., Hong Kong. You may contact us by sending
correspondence to that address or by emailing us at eason@kingfung.biz.