Answered! Terms of Service
Last Updated on: 27/11/20
Talent Me Technology Pte. Ltd. (hereinafter “Answered!”, “we” or “us”), who possesses the ownership and operational rights of this Answered! App, agrees to provide the Internet-based services according to these Answered! Terms of Service and the operation regulations published from time to time. User (hereinafter “User” or “you”) shall carefully read the content of these Terms (particularly in bold). If you are a minor under the laws of your country, please read these Terms along with the Privacy Policy in the company of your legal guardian. You will only use the Services hereunder unless you or your legal guardian have accepted these Terms. Upon the use of our Services, you will be considered to have accepted all these Terms. We will update these Terms from time to time, if any material changes with respect to your use of the Services are made, we will inform you of these changes in accordance with these Terms. If you have accepted the latest version of these Terms or continue to use the Services, the latest version of these Terms will be binding upon both you and Answered!.
1. Internet-Based Services.
We will provide our Services for the User using its operating system via the Internet. User shall:
(1) Carefully read and be familiarized with the Privacy Policy, and comply with these Terms and its related operation regulations;
(2) Be responsible for your own device for using such services, and for connecting to a network;
(3) Be responsible for connecting the Internet and any fees for such connection;
(4) Comply with the related laws and regulations of all applicable laws.
2. Description of Service
(1) Our Service (or “Services”) refers to the exclusive services provided by us through which the User may provide answers to textbook exercises, or search for the answers provided by other people by uploading exercises or pictures of the exercises.
(2) Answered! will provide Services as agreed herein, but will not undertake to solve any problem arising from the reasons attributable to the User, including but not limited to computer software and hardware malfunctions, the use of any incompatible browser, network glitch, our domain name resolution being disabled upon Internet access or interrupted internet connection with the Answered! server.
3. User Account
To use our Service, you may log in using your mobile phone number or by authorizing a third-party account.
To sign up for a User Account, User shall abide by local laws and regulations, and shall not use any illegal or improper information in the registration of a User Account. User shall warrant that, when signing up for a User Account and using the User Account locally, it will not:
(1) Violate any local laws and regulations;
(2) Spread rumors, disturb social order, and undermine social stability;
(3) Spread obscenity or eroticism, gamble, resort to violence, commit a murder, threaten others or abet the offense;
(4) Insult or slander others, or infringe others’ legal rights and interests;
(5) Publish other content forbidden by local laws and administrative regulations.
According to local laws and regulations, the User agrees that:
(1) Users will not use the Services for themselves or others for the purpose of profit-making or by any improper means or breaching the principle of good faith;
(2) Users will take the full responsibility for all the behaviors and events under their User Accounts, including but not limited to any content published by the User and any consequence arising therefrom. User shall make their judgment for the content of the Service, and bear all risks arising from the use of such content, including the risks caused by the reliance upon the correctness, completeness or practicality of the content. And the Users will not give, sell or lend their User Account to others;
(3) Users will properly and correctly take care of, use and maintain their User Account and the password, and take necessary and effective confidentiality measures for their User Account and password. If the User fails to do so, Answered! will not bear any liability for any loss or damage of User, Answered! or any other third party caused thereof;
(4) Answered! reserves the right to reject the sign-up, and to terminate the use of its services by User, if the sign-up information as provided is incorrect or unauthentic, or contains illegal or improper information.
4. Use
Answered! Service is only available to User for non-commercial purposes. User shall not sell, transfer, grant a license to use or otherwise provide the Answered! or Answered! -related data, service or software or its derivatives to any third party, without the written consent from us. In the process of using our Service, User shall not damage, disable, affect, impose a heavy load on, or influence the use by any other party of the service of Answered!. User may provide feedback or improvement suggestions, if any, to Answered!.
5. Representations and Warranties
Answered! hereby represents and warrants that it has full power and authority to enter into these Terms and to provide the Services.
You hereby represent and warrant that the following statements are true:
(1) You have full power and authority to enter into this Agreement and to grant the licenses provided for in these Terms under all applicable laws, and your online confirmation of these Terms has been authorized to so act;
(2) Your use of the Services does not violate any applicable laws, nor does it infringe any third party rights. You will not publish, upload, spread any content that infringes any intellectual property rights of any third party or violates any applicable law;
(3) The content that you publish in Answered! a) does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material; b) is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third party sites, to boost the search engine rankings of third party sites, to enable unlawful acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing); and c) is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
(4) You will not engage in any action or practice that reflects poorly on Answered! or the Service or otherwise disparages or devalues its reputation or goodwill.
6. Intellectual Property
(1) The User acknowledges that Answered! reserves all rights of Answered!, including but not limited to all Intellectual Property Rights. “Intellectual Property Rights” means all the rights specified under the Patent Law, Copyright Law, Trademark Law and the Law Against Unfair Competition, and all applications, updates, expansions and recoveries thereof, whether implemented and in force now or in the future worldwide. The User agrees that they will not revise, adapt or translate Answered!, nor create the derivatives of Answered!, nor obtain the source code or related data by decompiling, reverse engineering, disassembling or any other means. The User agrees that they will not delete, cover up or revise the statements of Answered! and any third party for copyright, trademark or other intellectual property rights. Logo, page layout, layout form, texts, pictures and graphics in the online services provided by Answered! are subject to the protection of copyright, trademark and other laws, and shall not be, directly or indirectly, published, used, revised or re-issued for publishing or use, or used for any other commercial purpose via any platform, without the consent of related right holders.
(2) Answered! respects and encourages the creations by User. User shall own the copyright of all the content generated by itself including but not limited to questions, examples, answers, articles, and comments they publish in Answered!. User may authorize a third party to use such content in any form, without obtaining the consent from Answered!.
(3) To promote the sharing and the spread of knowledge, User shall grant to Answered! a free, global, perpetual, irrevocable, sublicensable and non-exclusive license to use all the content provided by the User. User reserves the right to use such content in all products and services of Answered! and its affiliates, including but not limited to websites and applications launched or other Internet products.
(4) If any third party infringes the rights of a User, User agrees to authorize Answered! or its designated agent to warn, complain, file an administrative proceeding, lawsuit or appeal against or negotiate a settlement with the third party on behalf of Answered! or User, and to join the above proceedings to safeguard legal rights if Answered! deems necessary.
(5) Answered! reserves the right to review the content published by the User, but make no expressed or implied warranty for any of such content, which will not represent the opinions or suggestions of Answered!. Answered! shall be entitled to handle the infringement information in accordance with related evidence, local laws and regulations, and these Terms.
7. User Privacy Policy
(1) Respecting User’s privacy is a basic policy of us. We will collect, store, use, disclose and protect your personal information in accordance with the Privacy Policy. Users shall fully read the Privacy Policy to facilitate the protection of their personal information.
(2) To protect your privacy and the privacy of other users, you agree that you will not provide any content that includes personally identifiable information including but not limited to name, phone number, email address, identification number, etc. You shall not upload pictures or videos with private information or content that infringes any third-party rights.
8. Indemnification
(1) User will indemnify and hold harmless Answered!, its affiliates, current and past directors, officers, and employees from and against any and all claims, taxes, losses, damages, liabilities, judgments, settlements, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (i) your breach of any of your representations, warranties or obligations under these Terms; (ii) your negligent, reckless or intentionally wrongful act or by your assistants, employees, contractors or agents; (iii) your failure to perform your obligations or exercise your rights in accordance with all applicable laws, rules and regulations.
(2) If the User’s act breaches local laws and regulations, these Terms or the rules of Answered!, Answered! shall be entitled to take measures including but not limited to, suspending or terminating the Service in part or in whole, restricting, suspending or terminating their log-in and use and holding them legally accountable. If the User commits any breach of these Terms and causes any damages to a third party, they shall be solely liable for the damages to any third party, and indemnify Answered! for any loss caused thereby. User agrees to protect and maintain Answered!’s interests, and bear the attorney fee, compensation for damages, penalties imposed by government authorities and other compensations for infringement arising from their breach of the Service Terms and/or other terms.
9. Limitation of Liabilities
IN NO EVENT SHALL ANSWERED! OR ANY ANSWERED! AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST OF PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL OUR OR OUR AFFILIATES’ LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY YOU TO ANSWERED! DURING THE SIX-MONTH-PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY.
10. Disclaimer
(1) YOU HEREBY ACKNOWLEDGE THAT THE ANSWERED! SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANSWERED! EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(2) ANSWERED! AND ITS PARTNERS, CONTRACTORS, OR SUPPLIERS MAKE NO WARRANTY THAT a) THE SERVICE WILL MEET YOUR REQUIREMENTS; b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR d) THE QUALITY OF ANY DOCUMENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
(3) ANSWERED! WILL BEAR NO LIABILITY FOR ANY LOSS ARISING FROM FORCE MAJEURE. “FORCE MAJEURE” REFERRED TO HEREIN INCLUDE NATURAL DISASTERS, CHANGES IN LAWS AND REGULATIONS OR GOVERNMENT ORDERS, THOSE CAUSED BY THE FEATURES OF INTERNET SERVICES, SUCH AS OPERATION FAILURES OF DOMESTIC AND OVERSEAS BASIC TELECOM OPERATORS, TECHNICAL DEFECTS OF COMPUTER OR INTERNET, LIMITED COVERAGE OF INTERNET, COMPUTER VIRUS AND HACKER ATTACKS, AND OTHER UNFORESEEABLE, UNAVOIDABLE AND INSURMOUNTABLE OBJECTIVE CIRCUMSTANCES.
11. Law and Jurisdiction
These Terms are governed by the laws of Singapore excluding its conflict of laws principle. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three(3) arbitrator(s). The language of the arbitration shall be English.
12.Miscellaneous
(1) All notices will be sent to User via email, in-app notice or an announcement in a noticeable position of the website. Answered! will inform User of any revision to these Terms, service changes or other important matters by any of the methods above.
(2) You fully understand, agree and accept, due to the particularity of Internet services, that Answered! might suspend or terminate the provision of the Services for you according to related regulations or as required for its business adjustment. In such case, Answered! will protect your legal rights and interests according to applicable laws, provided that you perform the obligations as agreed under these Terms.
Any doubt about these Terms may be sent to us at answeredofficial@gmail.com.