© 2019 100 Fire Limited, Hong Kong

Terms of Service for Content Provider

 

We, 100 FIRE LTD, enhance products markings with an Augmented Reality (AR) experience on top of labels and/or products markings, with our mobile applications and associated services called STREAMWEAR.

When you sign up for or use or access STREAMWEAR, you agree to these Terms of Service. You shall not use the Services if you do not agree to the Terms of Services. You are deemed to have agreed with these Terms of Services and as soon as you sign the SERVICE PLAN AGREEMENT.

 

SECTION 1 - DEFINITIONS:

 

CONTENT:

 

The CONTENT is hereby defined as MARKER CONTENT and AUGMENTED REALITY CONTENT, as further described below.

 

MARKER CONTENT:

 

A marker is a unique set of graphics, pictures, words, or a combination of these, that is meant to be printed on, or affixed to, the surface of an object, or that represents an object (for example a figurine). The MARKER CONTENT consists of one or more such markers.

AUGMENTED REALITY CONTENT:

 

An AUGMENTED REALITY CONTENT consists in one or more unique animations, videos, games, or mix of some/all of these, with or without soundtrack(s) and/or voiceover(s).

 

CONTENT PROVIDER:

 

Your company, as a subscriber to the STREAMWEAR services.

 

USERS:

 

The general public when using STREAMWEAR applications.

USER PERSONAL INFORMATION:

 

Information provided such as user name, user email address, user phone number (China PRC only), user country, user date of birth, user gender, user device OS type, user browser type, user IP address, and/or user application usage.

STREAMWEAR DASHBOARD:

 

This is a web service that allows the CONTENT  PROVIDER to, among other things:

  • Register for and subscribe to the services

  • Upload and update MARKER CONTENT

  • Upload and update corresponding AUGMENTED REALITY CONTENT

  • Access data analytics services about the USERS of the STREAMWEAR application(s)

  • Retarget these USERS

 

STREAMWEAR APPLICATIONS:

A system of downloadable mobile applications and non-downloadable software that are freely available to USERS for download under iOS and Android formats, and/or in a web-based version, for use on mobile devices such as with most smartphones and tablets. Such applications provide augmented reality, by displaying the AUGMENTED REALITY CONTENT on top of, or in relation to, the MARKER CONTENT when USERS view it with a smartphone, or a tablet, through the STREAMWEAR APPLICATIONS.

 

PRODUCTS:

 

Objects or items on which the MARKER CONTENT is printed or appears by any means, such as labels, silkscreen, etc.

 

PRINTS:

 

The total number of MARKER CONTENTS printed on PRODUCTS or the number of PRODUCTS labels distributed to the market by the CONTENT OWNER during the SERVICE PLAN AGREEMENT period.

 

PRODUCTS DISTRIBUTION AREAS:

 

Countries or regions where the products are meant to be distributed.

APPLICATION USE AREAS:

 

Countries or regions where the products are meant to be viewed with Augmented Reality through the STREAMWEAR APPLICATIONS.

USER NOTIFICATION:

The STREAMWEAR services may include the possibility for the CONTENT PROVIDER to send in-app notifications to USERS. (Subject to the selected SERVICE PLAN). 

BRAND OWNER:

 

A company that owns a specific brand name and IP.

SECTION 2 - CONTENT PROVIDER WARRANTIES:

 

General information:

 

The CONTENT PROVIDER warrants that the information that it provides for registration to the service is true, up to date and sincere. This information may include the Company name, Company address, Company telephone number, Company website address, Company Business Registration Number, Company director(s) or managers in charge and duly authorized to register to the service, Email address and mobile phone number of the person in charge.

 

The  CONTENT PROVIDER shall update such information when some/all of its changes.

 

Rights to content:

 

The  CONTENT PROVIDER also warrants that it owns the rights to use, and/or has been licensed to use, the CONTENT that it uploads to STREAMWEAR services, for the purpose of the STREAMWEAR services. 

 

If there are any limitation(s) in scope, geographic area and/or time, or any other type of limitation(s), or change(s), in the rights or conditions to use the CONTENT for the service, the CONTENT PROVIDER warrants that it will immediately inform 100 FIRE LTD accordingly, and in any case only use the CONTENT that it uploads to STREAMWEAR according to the rights conferred by the content right owner.

In particular, when it uploads onto STREAMWEAR, pictures and/or graphics and/or videos and/or animations and/or music and/or audio recordings, in full or in part or edited, or any of these in combination, which originate in part or in full from third parties, and in particular which include third party intellectual property, brand names, logos, copyrights, THE CONTENT PROVIDER warrants that it has taken all necessary steps to ensure that it has all the legal rights to do so.

 

If the CONTENT PROVIDER acts on behalf of a BRAND OWNER, it must seek written agreement from the BRAND OWNER before using the services, as well as a specific agreement(s) to use data analytics and retargeting services.

SECTION 3 - SERVICES:

License to use:

100 FIRE LTD grants your company, the CONTENT PROVIDER, a non-exclusive, non-permanent, non-transferable license to use the services and data against a recurring fee, for a set period of time, as per the SERVICE PLAN selected by the CONTENT PROVIDER.

The services include:

  • The non-exclusive, limited-term, non-transferable license to promote and distribute the STREAMWEAR APPLICATION to users.

  • The non-exclusive, limited-term, non-transferable license for USERS to download and make use of the STREAMWEAR APPLICATIONS, in and subject to compliance with the TERMS OF USE and USERS PRIVACY POLICY.

  • The non-exclusive, limited-term, non-transferable license to use the corresponding STREAMWEAR brand name and logos, as per the STREAMWEAR graphics as displayed on the STREAMWEAR website. 

  • The non-exclusive, limited-term, non-transferable license to use the STREAMWEAR DASHBOARD, with functionality as described in the SERVICE PLAN.

  • The non-exclusive, limited-term, non-transferable license to use and download the user data and user analytics.

 

Conditions:

 

  • The CONTENT  PROVIDER is granted a license to us the STREAMWEAR DASHBOARD services, a license to use the corresponding data, and STREAMWEAR APPLICATION services as per the conditions set in the selected SERVICE PLAN, based on a maximum PRINTS within the period set in the selected SERVICE PLAN.

 

  • The service is charged on a monthly or one-time basis, according to the SERVICE PLAN.

 

  • The CONTENT PROVIDER can upgrade his subscription plan every month for the next coming and/or remaining months. 

 

  • The number of PRINTS used for the service is counted on the basis of the number of PRINTS issued during the SERVICE PLAN period.

 

Suspensions or cancellation of services:

 

  1. The CONTENT  PROVIDER may choose to terminate, upgrade or downgrade its SERVICE PLAN at the end of each month, for the next month(s). (Only for monthly subscriptions).

  2. 100 FIRE LTD reserves itself the right to reject, suspend and/or cancel, a CONTENT  PROVIDER registration and access to services if the CONTENT OWNER information is found untrue or if the services have been unpaid for over 15 days.

  3. 100 FIRE LTD reserves itself the right to reject, suspend and/or cancel, a MARKER CONTENT, and/or AUGMENTED REALITY CONTENT, and/or NOTIFICATION, if such content contravenes laws and regulations in the APPLICATION USE AREAS, and/or if it deems such CONTENT misleading, untrue, harmful, offensive, degrading, gender discriminative, heinous, encouraging violence, and/or racist.

  4. 100 FIRE LTD reserves itself the right to reject, suspend and/or cancel, a MARKER CONTENT, and/or AUGMENTED REALITY CONTENT, and/or NOTIFICATION, in case it receives any claim or notice by a third party that part of or all of the CONTENT uploaded to the STREAMWEAR services by the CONTENT PROVIDER does not have the legal rights for use with the services. Furthermore, the CONTENT PROVIDER warrants that it will indemnify 100 FIRE LTD for any third party claim against 100 FIRE LTD for the unlawful use of third party intellectual property. 100 FIRE LTD, its directors, officers, employees, and contractors, will not be held responsible and/or liable for any intellectual property misuse on the part of the CONTENT  PROVIDER.

  5. 100 FIRE LTD reserves itself the right to suspend and/or cancel, access to some or all functionalities, such as, but not limited to, email addresses download and/or notifications if such services are grossly or repeatedly not used according to these Terms of Service.

  6. In case of suspension or cancellation of services, 100 FIRE LTD and the CONTENT PROVIDER will try to clarify and resolve the issue promptly and reasonably, and try to resume the services if possible and mutually agreeable.

  7. In case of suspension or cancellation of services, in part or in full, and/or cancellation of MARKER CONTENT and/or AUGMENTED REALITY CONTENT, and/or NOTIFICATION, as a result of a case as stipulated in b, c, d, or e, the fees for the selected SERVICE PLAN remain due until the end of the SERVICE PLAN period, and 100 FIRE LTD shall not be liable for any claim from the CONTENT PROVIDER for any cost, loss, or damage suffered by the CONTENT PROVIDER as a direct or indirect result of the suspension or cancellation of services.

 

Use of STREAMWEAR brand name and logos:

  • The CONTENT PROVIDER may only use the images that 100 FIRE LTD specifically makes available to him, and may not distribute, reproduce, modify, amend, these images in any other way. 

 

  • The CONTENT PROVIDER may use these images solely for the purposes of promoting and distributing the STREAMWEAR APPLICATIONS to users in compliance and subject to complete compliance with this Agreement and with the TERMS OF SERVICE FOR CONTENT PROVIDER. 

 

  • The CONTENT PROVIDER will only use such items in the form, size, content, and appearance that 100 FIRE LTD provides and is not permitted to modify them. 

 

  • 100 FIRE LTD retains all right, title and interest in and to all such materials. 100 FIRE LTD will retain all goodwill and other value associated with any of these materials. The CONTENT PROVIDER will not gain any trademark, copyright or other proprietary rights to such materials. 

 

  • The CONTENT PROVIDER agrees not to take any action that is contrary to or inconsistent with 100 FIRE LTD rights to these materials. The CONTENT PROVIDER will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to 100 FIRE LTD or that paints 100 FIRE LTD in a false or negative light. 

 

PRINTS verification:

  • The CONTENT PROVIDER warrants that the PRINTS put on the markets are within the period quantity set in the selected SERVICE PLAN. In case the CONTENT OWNER distributes more PRINTS to the market for the period, the CONTENT PROVIDER shall inform 100 FIRE LTD and upgrade his SERVICE PLAN accordingly.

 

  • In case of doubt, the CONTENT OWNER shall, at times, and upon request from 100 FIRE LTD, provide documents evidencing that the PRINTS are within the selected SERVICE PLAN limits, and allow 100 FIRE LTD to commission independent audit(s) of the CONTENT OWNER’s books, at 100 FIRE LTD cost, to verify such compliance. When such an independent report indicates that the PRINTS have been under-reported, the SERVICE PLAN shall be upgraded accordingly, and the CONTENT OWNER will also be charged the audit costs. 100 FIRE LTD reserves itself the right to reject, suspend and/or cancel, a CONTENT PROVIDER registration and access to services, and/or MARKER CONTENT, and/or AUGMENTED REALITY CONTENT, and/or NOTIFICATION if the CONTENT PROVIDER refuses to upgrade his plan according to actual PRINTS. 100 FIRE may also retroactively charge the CONTENT PROVIDER for the upgraded SERVICE PLAN for the under-reporting period, with an extra 20% penalty charge.

  • 100 FIRE reserves itself the right to limit the overall number of played PRINTS to a maximum of 20 fold the total number of PRINTS defined in the SERVICE PLAN.

 

Performance of services:

 

  • 100 FIRE LTD shall take all necessary steps under its control to provide the services as advertised and mutually agreed in these TERMS OF SERVICE and SERVICE PLAN.

 

  • 100 FIRE LTD shall take all necessary steps under its control to minimize downtime so that both the CONTENT PROVIDER and the USERS can regularly access and use their respective parts of STREMWEAR services. 

 

  • However, 100 FIRE LTD, its directors, officers, and employees, shall under no circumstances be held responsible or liable for any temporary or permanent loss of data and/or discontinuation of services or functionalities, resulting from any cause or event which 100 FIRE LTD could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence, or resulting from the failure or malicious act of a third party, company winding-up, legal authorities orders, or force majeure. In any event, any claim against 100 FIRE LTD shall be limited to the amount the CONTENT PROVIDER paid, if any, for use of the relevant STREAMWEAR Services.

 

SECTION 4 – ANALYTICS, USERS DATA, AND RE-TARGETING:

 

  • 100 FIRE LTD collects USERS data for the following two purposes: the performance of the services, and marketing purpose(s). More information is available in the USER PRIVACY POLICY. When you sign up for or use or access the  STREAMWEAR services, you agree to 100 FIRE providing the APPLICATION SERVICES to users as per the TERMS OF USE and processing and using the USERS data as described in the USER PRIVACY POLICY, whose terms can be found in the STREAMWEAR APPLICATIONS and on STREAMWEAR website.

 

  • When using our USER NOTIFICATION SERVICE, you agree not to spam users, but provide them with content that is relevant to the PRODUCTS and/or the CONTENT from your company with which they have previously interacted through the STREAMWEAR APPLICATIONS.

 

  • If the CONTENT PROVIDER downloads USER PERSONAL INFORMATION, a service that 100 FIRE limited provides on the basis of the explicit opt-in of USERS of the iOS or ANDROID application(s), THE CONTENT PROVIDER agrees to use such data according to the laws and regulations that apply to its country, as well as the laws and regulations of the USERS residence. You also agree not to spam users but provide them with content that is relevant to the PRODUCTS and/or the CONTENT from your company with which they have previously interacted through the STREAMWEAR APPLICATION. You also agree to comply with the GDPR regulations for any USER whose data falls under this regulation. When sending email messages to USERS, you agree to ensure that your email messages clearly state how you gained access to their email address, and provide them with a simple way to unsubscribe quickly from your email list. You also agree to remove from your email list and cease emailing USERS who contact you and indicate that they no longer receive your emails, as soon as they do so. You also agree to remove from your email list and cease emailing USERS who contact us and request us to ask that they no longer receive your emails, as soon as we inform you so. 

SECTION 5 – PRIVACY POLICY FOR THE DATA OF the CONTENT PROVIDER

 

  • When we provide our services to the CONTENT PROVIDER, we also come to process some personal data from your company and employees. We have adopted this Privacy Policy to guide you through the collection, use, retention, and disclosure of Personally Identifiable Information (“Personal Data”, as further described below) that you may provide while using STREAMWEAR services in connection with these platforms (collectively referred to as “Services”). 

  • By using the Services, you explicitly consent to our collection, use, retention, and disclosure of your Personal Data for processing as described in, and subject to the limitations set out in this Privacy Statement.

  • Note to Residents of European Union: In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for our European users, this Privacy Statement outlines the legal basis on which we process your Personal Data and provides other information required by the GDPR.

  • 100 FIRE Ltd may collect Personal Data including,but not limited to, your employees' names, company phone number, mobile phone numbers, company email addresses, company address, company payment details, employee's email address, IP address, and device identifiers and/or geolocation information, in the course of its Services, and may use or disclose that Personal Data as described in this Privacy Statement.

  • We do not share any of this information with any marketing third party unless you specifically and expressly agree to it.

  • We use this information for the sole purpose of providing the services to your company, and to contact your employees/persons in charge when necessary. We may also need to keep this information for up to ten years after you have stopped using the services, and we may disclose such personal information to government authorities if we are required by law to do so or if you violate these Terms of Service.

  • In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

  • In particular, please note that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. As a result, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

  • The following is a list of Data Processors engaged by 100 FIRE Ltd who may receive Personal Data:

    • Google LLC

    • MAILCHIMP

    • STRIPE

    • PAYPAL

    • FACEBOOK

 

  • To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. 

  • We may use a number of cookies, and when/if we do, you can choose if you want to opt-out of cookies or not. 

  • The data that 100 FIRE LTD processes, as well as associated services and providers, may be stored on servers located in the USA, CANADA, Europe and/or elsewhere. It may be stored in multiple locations. However, we ensure that regardless of the place where it is stored, your data is stored in a way that is consistent with the standards of protection required under applicable law.

  • Where Personal Data is transferred from the European Economic Area to a country that has not received an adequacy decision by the European Commission, 100 FIRE LTD relies on appropriate safeguards, such as for example the European Commission-approved Standard Contractual Clauses and EU-U.S. Privacy Shield Frameworks, to transfer the Personal Data.

  • If a third party/entity acquires 100 FIRE LTD or some of its activity, by means of an acquisition, merger, sale or other means of control, we reserve the full and unconditional right to transfer or assign our users information, which we have collected, to the third party/entity who takes full or partial control of 100 FIRE LTD, its services and/or its activities. In the unfortunate event of bankruptcy, business mandatory or voluntary termination, or insolvency of 100 FIRE LTD, we may not be able to control the transfer or disposal of your personal information. 

  • 100 FIRE LTD is committed to ensuring you retain full access to and control of your Personal Data. To that end, we endeavor to respect your right to be informed regarding the collection, use and disclosure of Personal Data, and your right of correction and access to it, via this Privacy Statement.

  • If you would like to access, correct, remove, request a copy of, withdraw consent to collection of your Personal Data, or are looking for any additional information on how your Personal Data may be collected, used or disclosed by 100 FIRE Ltd, please contact our Privacy Compliance Officer (See contact at the end of this page)

  • Subject to certain exceptions and limitations that may be prescribed by applicable law, you will be provided with reasonable access to your Personal Data, and will be entitled to have it amended or corrected as appropriate.

  • In certain circumstances, you may have the right to have your Personal Data, or certain components of your Personal Data, erased by 100 FIRE LTD, to have your Personal Data moved, copied or transmitted from our systems to other systems, or to object to or restrict certain processing of your Personal Data by us. In the event that you wish to inquire about, or seek to exercise any of these rights (as they may be applicable), please contact our Privacy Compliance Officer at information@100fire.com

SECTION 6 – OTHERS:

 

  • We reserve the right to modify these Terms of Service at any time and with immediate effect and can be consulted in the STREAMWEAR application and on the STREAMWEAR website.