Terms & Conditions

Last updated: November 13, 2019

PLEASE READ THESE TERMS & CONDITIONS ("TERMS", "TERMS & CONDITIONS") CAREFULLY BEFORE USING THE WWW.ONCLOSER.COM WEBSITE (THE "SERVICE") OPERATED BY CLOSER ("US", "WE", OR "OUR").

YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE SERVICE.

BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT ACCESS THE SERVICE.

Who Can Use the Services

You must be at least 18 years old to use the services and not prohibited by law from using the Service. You warrant that you have the right, authority and capacity to enter into and be bound by the Terms of Service and that by using CLOSER you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations. You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


Your Content

You will be able to use pictures, text, images and other material in connection with your use of Services ("Content"). You understand that your Content including your user name and picture) may be viewed by other users of the Service. We, in our sole discretion, may reject or approve submitted Content. You are solely responsible for submitted Content and shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising from your Content.

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to CLOSER above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We will delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
We do not allow any content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
We do not allow any content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
We do not allow any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by CLOSER. CLOSER has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that CLOSER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the Terms & Conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of China, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Litigation and Arbitration

a.  YOU AND CLOSER AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute (defined below), and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.


b.  You and CLOSER agree that any disputes arising out of, or related to, the App, the Website, the Service, this Agreement and/or any policies or practices of CLOSER (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION, with the exception of privacy disputes, which are subject to the dispute resolution process set forth in our Privacy Policy.


c.  YOU AND CLOSER ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor CLOSER agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).


d.  You agree that CLOSER may bring actions on its Members’ behalf, including you, where its rights may be implicated.


e.  If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by a third-party arbitrator not affiliated with CLOSER, in accordance with commercial arbitration rules, and if deemed appropriate by the arbitrator, any supplementary procedures for consumer disputes.


f.  Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against CLOSER (except for small-claims court actions) must be commenced only in China. You hereby irrevocably consent to the jurisdiction of and venue in those courts for such purposes.


g.  Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within six months after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitation period constitutes a waiver of such claim and serves as a complete bar to any claim based on any Dispute.


h.  This Terms, and any Dispute between you and our users or CLOSER, shall be governed by the laws of China without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by China.


i.  If you access the Website or use the Service from outside the China, you waive all rights under the laws and regulations of the territory from which you access or use the Website or Service. Regardless of whether you access the Website or use the Service from outside China, all Disputes shall be resolved in China as described above.


Otherwise Stated: If you decide you want to sue us for any reason, you will have to bring your claim in Arbitration, not a court, unless you opt-out of binding arbitration in the required time-frame. There is a time limit of when you can bring your claim.

Litigation and Arbitration between you and other users of CLOSER

By using this service, you agree that any and all disputes of any kind or nature between you and any other member or user of the CLOSER APPs or website will be subject to mandatory arbitration pursuant to the terms referenced above, regardless of the nature of the claim or claims asserted, whether based in contract, tort, equity, statute or on any other ground, so long as the dispute arises from a member or use contact or relationship that resulted from your use of the foregoing websites or APPs.”

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about this Terms & Conditions, please contact us: