Terms and Conditions
Welcome to Vivid Imagination’s Services. We are very pleased that you visit one of our Sites.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
By accessing the Content or Services provided by Vivid Imagination you confirm that you have read and understood and agree with these full Terms and Conditions.
These Terms and Conditions complement the Terms of Service displayed on our websites, applications, products and services and govern the access, use, interaction, viewing, downloading, payments and all other activities by all users of the websites, applications, products and services and all their contents offered by VIVID IMAGINATION LTD or any of its subsidiaries via a Vivid Imagination or otherwise branded or managed portal that you have accessed ("Site"). Accessing our Sites and Contents is at your own risk. You will need to initiate an Internet session in order to access, subscribe or purchase Content or to enjoy our Services in general. Your service provider may charge you for such access and you are responsible for all such charges. Please refer to your service provider’s terms and conditions for further details. You will also need to have a browser installed on your device. Please switch any data saver mode off for a better experience.
In this Agreement "Content" shall mean any Vivid Imagination Content offered to be accessed online or for download from the Site, “Product” and “Service” shall mean any content-related Services offered.
1. Intellectual Property Rights
Vivid Imagination grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited
license (subject and conditional upon your continued compliance with this Agreement) to access, view and
download the Content and use the Content solely on the personal mobile handset, laptop, tablet or
desktop computer (“Device”) to which it is initially downloaded. You are allowed to use the Content for
your own personal entertainment only and not for any commercial purposes. All Content and all intellectual
property (including but not limited to trademarks and tradenames) and other third-party rights in the
Content are owned by Vivid Imagination Ltd and/or its licensors. For the avoidance of doubt, you are not
acquiring any rights in or to the Contents. We reserve the right in our sole discretion to terminate your
license and your access to our Sites, Products and/or Services immediately and without prior notice. The
license granted to you will expire automatically without notice, if the Content was removed; if your
payment related to the Content or your Account was unsuccessful, is charged back or reversed for any
reason; if you have paid per download and the download was completed; at the end of your subscription
period or in case of unsuccessful subscription or membership fee payments; if you breach any terms or
policies; in case your account is suspended or terminated for any reason or if you delete and close your
account.
2. Price and Payment
The charges for any Content accessed, viewed or downloaded and any Services used are displayed on the
Site. The relevant charges will be deducted from your available wallet account, credit or debit card, bank
account or phone credit if you are a pre-paid mobile customer or should appear on your next invoice from
your service provider if you are a contract customer or any payment account selected by you. Other
payment options may be offered to you on the Site and used by you to purchase the Content or Services.
The relevant charges for the Content and Services exclude value-added tax, VAT or any other applicable
sales tax. Please note that additional charges may apply before downloading the Content or using the
Service and sales taxes of any kind may have to be added in your jurisdiction.
You must notify Vivid Imagination of any faults in the viewed and/or downloaded Content and accessed
Service within a reasonable time of completing the view and/or download. Vivid Imagination may, in its
sole discretion, either replace or refund the purchase price for any Content accessed that contains faults
directly attributable to the Service and not attributable to you or the Device.
3. Support
If you experience problems accessing, viewing, downloading and/or paying for the Content or Service, you
should contact [email protected] and tell us your e-mail address, mobile phone number, device
model, browser model, error message, the specific content link and any details necessary to identify your
case as well as day and time of your attempt to access the service/download the content and in which
country this happened.
4. Accounts
Some of our Products and Services allow or even demand you to open a user account. To perform this you
must first register and provide true and valid identity and authentication information. We may enable third-
party Social Network Service accounts to validate your account. To successfully register an account with us,
you must have your own username and a unique password as well as provide us a valid email address and
phone number. You will receive confirmation or activation e-mails from us and need to confirm your email address, respectively you will receive a One Time Password that allows you to validate your MSISDN mobile
phone number for a specific Product or Service.
You must be at least eighteen (18) years old and confirm that all information which you submit to us is true,
complete, accurate and secured and will be kept confidential and safe by you not to be disclosed to anyone
else. You understand that you are responsible for your account profile and all activities on your account
itself and that you will have to comply with these Terms and Conditions and all other Terms of Service and
Policies at all times. We reserve the right to suspend access or even to terminate your account for any
reason immediately and without prior notice and you understand that we are obliged to do so if you are in
breach of any of our terms or policies.
5. Links
If you link to any of our Sites you must ensure that your link is legal, secure and technically performant and
does not damage our reputation and that any form of association, approval or endorsement by Vivid
Imagination is either authorized in written form or is clearly not suggested and could not be assumed by
anyone.
6. Restrictions
To the maximum extent permitted by law, you agree not to, and not to attempt to, copy, modify, edit,
forward, share, distribute, reformat, display, transmit, perform, publish, transfer, reverse engineer or
decompile, sell, assign, license, exploit, transfer or otherwise make available the Content or any part
thereof, or any rights in the same. You are responsible for any misuse of the Content on your Device.
Your ability to access or download the Content may be restricted or impaired when on a roaming network
abroad, and in some instances the call waiting feature on your Device may be affected by downloading the
Content. There are limits on the volume of the Contents that can be stored on your Device at any time. For
further information please refer to the manufacturer of your Device. Differences in handsets and other
device features mean that not all devices are compatible with all Contents. You are advised to check your
particular Device’s compatibility before accessing or downloading the Content.
The downloading and accessibility of Content is subject to availability and may be affected by the volume of
users from time to time or by congestion on the data network of your telecommunications, data or internet
service provider. Your standard network terms and conditions continue to apply in parallel with the Terms
and Conditions of this Agreement.
Screenshots, Images and Videos displayed on the Site may not be representative for each device on which
it is accessed and/or to which the Content may be downloaded.
7. Right of Withdrawal
Your right to withdraw from this Agreement expires when you access this Site, interact in any way in
general and in particular if you initiate downloading of the Content, interacting in any way with Contents or
their Creators, viewing pictures, watching videos and/or using the Service in general.
8. Warranties
The Services and Contents are provided to you “As Is”. Vivid Imagination and its licensors disclaim any and
all warranties regarding the Content whether expressed or implied.
9. Limitations of Liability
In no event shall Vivid Imagination or its licensors be liable for any losses or damages arising out of or in
connection with your use of the Content or your access to the Site. Vivid Imagination’s aggregate liability is
limited to the amount of the Content price paid and/or the fees charged to you for the Service only. Vivid
Imagination and/or any of its subsidiaries, owners, shareholders, directors, employees, representatives or
agents will not be liable to you for any loss of revenue, profit, opportunity or anticipated monies suffered
by you in connection with your access and use of our Site and/or Content.
10. General Rules
Vivid Imagination may vary these terms and conditions, make changes in our Sites, Products and Services
and/or withdraw any or all of the Contents with or without notice from time to time. We will try to give you
reasonable notice of any major updates on Site but we may make changes without being able to tell you
beforehand. Any alteration or addition to these terms shall take effect immediately and be binding once
posted on the Site. You are responsible for checking the Site for any such amendments. Vivid Imagination
reserves the right to change the charges for each download, view or service of the Content from time to
time. Any alteration or addition to the charges shall take effect immediately once posted on the Site.
If any of these terms and conditions are determined to be illegal or unenforceable by us or any court of
competent jurisdiction such provision shall be deemed to have been deleted without affecting the
remaining provisions of these Terms and Conditions. If we fail to enforce any aspect of these terms, it will
not be considered a waiver. We reserve all rights not expressly granted to you and no implied licenses or
other rights are neither granted to you nor to any third party, save as expressly set out in these Terms and
Conditions.
While your rights and obligations cannot be transferred, we reserve the right to assign or transfer our rights
and obligations to others and may assign any third party to perform any of our obligations.
Breach of these terms by you will entitle Vivid Imagination to suspend or terminate your licence, your
account and/or your access and use of the Content.
If there is any conflict between these Terms and Conditions and any other Terms of Service, Terms of Use
or Policies by Vivid Imagination, these Terms and Conditions shall apply.
If there is any conflict between different language versions of these Terms and Conditions and any other
Terms of Service, Terms of Use or Policies by Vivid Imagination, the English language version shall apply and
prevail.
11. Messages and Communication
By accessing, browsing and/or downloading Content from our Sites or subscribing to our Services you agree
to receive information and marketing messages from Vivid Imagination in whatever way and you agree to
the use of cookies and similar technologies for your convenience.
Should any of our Sites enable private communication between users by way of personal or direct
messages you are not allowed to any form of unwelcome, unsolicited, inappropriate or even rude
messaging. Vivid Imagination reserves the right to ban you without any hearing and/or to remove you from
such Site and/or to close your account. In case you have been bothered yourself by such wrong unsuitable
communication, you understand that you will have to provide proof and we reserve the right to
appropriate action but do our best to solve any such case fast and to the satisfaction of all parties involved.
12. Provider
Vivid Imagination Ltd is a leading platform and service provider with Headquarters in Hong Kong. We
provide access to our Sites via your mobile network operator, data or internet service provider.
Our address in Hong Kong:
901, New Mandarin Plaza Tower B, 14 Science Museum Road, TST East, Kowloon, Hong Kong
E-mail: [email protected]
Represented by its Managing Director: Mr. Joerg Tente
Company Registration number: 1739266 Hong Kong Company Registrar
13. Copyrights
Copyrights © 2024 Vivid Imagination Ltd. All Rights Reserved. Proprietary and confidential.
Texts, images, graphics, sounds, animation files, videos, games, apps and any other Contents on this Site
are subject to copyright and other intellectual property protection. These objects may not be copied for
commercial use or distribution, nor may they be modified or reposted to other sites. Vivid Imagination
Sites, Products and Services also contain material that is subject to the intellectual property rights of their
providers and creators. All Vivid Imagination trademarks, names and logos are the proprietary marks of
Vivid Imagination Ltd or its subsidiary companies or related and/or associated companies and those
identifying third party marks and rights are owned by those third parties.