Terms and Conditions

This Agreement is entered into by the Dream Distribution and Marketing. entity (“Foream”) and all subjects using Foream products and services (including but not limited to any individual person, team, etc.) (“Users”) with respect to their use of Foream products and related services. Your use of any Foream Malaysia shall be deemed to accept all the terms and conditions of this Agreement. This Agreement shall be applied to Foream products and services, including any upgrade and update of any product, service and software.

1. Acceptance of Foream Terms of Use

1.1 You agree to accept all the terms and conditions of this Agreement by using this website. Foream, as the operator of Foream’s website – www.foream.com – and mobile applications, provide you with services in accordance with this Agreement. If you are not willing to accept all the terms and conditions of this Agreement, please do not use this website or application services provided by this website.

1.2 Upon your purchase of Foream products and services, if you are not willing to accept all the terms and conditions of this Agreement, please return such products and services within seven (7) days upon your purchase of Foream hardware terminal products and further describe the reasons for the refusal of these terms, and Foream will refund you in accordance with its Return Policies.

1.3 If you are under the age of 18 years, please purchase Foream hardware terminal products and register related services with the consent and under the guidance of a parent or guardian.

2. Modification

Foream reserves the right to modify this Agreement, and in case of any change to the terms and conditions of this Agreement, Foream will publish such change on its website; in the event Users do not agree to such change to this Agreement, you can abandon or cancel the services you have obtained via this website; if Users choose to continue to access this website or services provided by this website upon the change of this Agreement, Users shall be deemed to have accepted such change to this Agreement.

3. Service Description

3.1 Foream Malaysia is a content storage service platform that provides Users with image and video streaming and sharing via hardware terminals and applications, and provides storage, synchronization, management, and sharing of personal images and videos and other online services via Foream products and services. Foream Malaysia do not directly stream or provide any content, and do not make any change or edition to the content streamed or stored by Users.

3.2 Users understand that Foream Malaysia are only to provide related hardware terminal products and related services by means of network expansion. Any device associated with related network services (e.g., laptops, cell phones and other devices related to access to the Internet or mobile networks) and the cost of using such services (e.g., telephone charges and cost of Internet access for access to the Internet, or cell phone charges for access to mobile networks) other than Foream Malaysia shall be borne by Users.

3.3 Foream provides Users with services via the Internet by using its hardware terminals and system. Unless otherwise expressly provided herein, this Agreement shall, without conditions, apply to the enhancement of any new feature of the current services, including new products and newly-added services.

4. User Behaviors

4.1 User Account, Password and Security

Once Users registered successfully, such Users shall become a legitimate User of Foream products and services and will be given an account and password. Users shall take reasonable measures to maintain the security of such password, and shall be fully liable for all activities relating to or arising out of the use of such account and password. Any loss or damage incurred by such activities shall be borne by Users without any liability to Foream.

In case of unauthorized use of Users’ account and password or any other security issue, Users shall immediately inform Foream of such unauthorized use or security issue. Users shall safely exit the account at the end of each connection to this website; otherwise, Users may not obtain the Foream’s security protection.

For any account that is not renewed and used by Users for a long period of time, Foream will notify Users in advance via e-mail, and has the right to close such account without reply by Users in a timely manner.

4.2 Compliance with Laws

Users agree to abide by the Law of the People’s Republic of China on Guarding State Secrets, Copyright Law of the People’s Republic of China, Regulations of the People’s Republic of China on Protection of Computer Information System Security, Regulations on Computers Software Protection, Administration of Internet Electronic Messaging Services Provisions, Information Network Transmission Right Protection Ordinance and other laws, regulations, and implementation measures concerning computer and Internet. In any event, if Foream reasonably holds that Users’ behaviors may violate such laws, regulations, Foream may discontinue providing service to such Users at any time and without prior notice.

Foream welcomes Users to report any upload that is in violation of such laws or the rights of others. Foream will delete such upload without conditions upon discovery of any illegal or infringing upload.

4.3 Any User is prohibited from:

  1. Uploading, posting, or sending any e-mail or otherwise transmitting any content that contains opposition to the basic principles established by the Constitution, national security endangerment, leakage of state secrets, subversion of state power, undermining national unity, harm to national honor and interests, incitement to ethnic hatred or ethnic discrimination, undermining national religious policies, promotion of cults and feudal superstition, obscenity, pornography, gambling, violence, murder, terrorism or abetting a crime, insults at or slanders about others, and infringement upon the legitimate rights and interests of others, and any other content that is prohibited by law or administrative regulations or objected by others, including but not limited to messages, data, texts, software, music, photographs, graphics, information or other materials (hereinafter referred to as “Content”).
  2. Harming minors in any way.
  3. Impersonating any person or entity, or in an untruthful way misrepresenting or making people mistakenly believe that such User is connected with any person or body.
  4. Forging headers or otherwise manipulating identifiers, making people mistake such headers or identifiers for the content transmitted by Foream.
  5. Uploading, posting, sending via e-mails or otherwise transmitting any Content such User does not have the right to transmit (e.g., internal data or confidential information).
  6. Uploading, posting, sending via e-mails or otherwise transmitting any Content that infringes patents, trademarks, copyrights, trade secrets or other proprietary rights of any person.
  7. Uploading, posting, sending via e-mails or otherwise transmitting any advertising letter, promotional material, “junk mail”, etc.
  8. Uploading, posting, sending via e-mails or otherwise transmitting any software virus, or other computer code, file or program that will interrupt, destroy or limit the functions of any computer software, hardware or communications equipment.
  9. Interrupting, destroying the services provide by this website or the server and network connecting to this website, or violating these Terms of Use of this website.
  10. Intentionally or unintentionally violating any and all relevant Chinese laws, regulations, rules, ordinances and other current legally binding norms.

4.4 Users shall be responsible or liable for any Content such Users uploaded, posted, sent via e-mails or otherwise transmitted via this website.

For any Content transmitted via this website or mobile application terminals, Foream cannot guarantee its legality, legitimacy, accuracy, integrity or quality. Users may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. In no event Foream shall be responsible or responsible for any content, including but not limited to any error or omission of any content or any loss or damage derived from such error or omission. Foream has the right (but not the obligation) to reject or delete any content provided via this website at its sole and exclusive discretion. Users shall be liable for his/her use of such content at his/her own risk. Foream has the right to save or disclose the Content in the following cases:

  1. required by law
  2. required by the provisions of these Terms of Use;
  3. claimed by any third person that is infringed;
  4. to protect the rights, property or personal safety of Foream, its Users and the public;
  5. other cases as Foream deems necessary

4.5 Save of and Limitations to User Information

Foream shall not be liable for any failure to delete or save the Information published by Users. Foream has the right to judge at its sole discretion whether User behaviors meet the requirements of these Terms of Use of this website. In the event Forem holds that any User is in violation of the provisions of this Agreement, Foream has the right to discontinue providing service to such User.

5. Privacy Policy

5.1 When registering Foream’s services, Users are required to provide personal information. The purpose of collecting personal information is to provide Users with personalized online services as much as possible, and Foream will not make public, edit or disclose personal information and the non-public content saved at Foream without authorization from legitimate Users, except in the following cases:

  1. Foream is required by relevant laws and regulations or Foream legal service procedures to do so;
  2. to safeguard the interests of Users and the public in case of emergency;
  3. to safeguard Foream’s trademark rights, patent rights and any other legitimate rights and interests;
  4. other cases that require Foream to make public, edit or disclose personal information.

5.2 Foream has the right to use Users’ personal information in the following cases (including but not limited to):

  1. when operating promotions or sweepstakes, Foream may share Users’ personal information with sponsors; in these cases, Foream will send texts to Users prior to such sharing, and such Users may terminate the transfer process by choosing not to participate in such promotions or sweepstakes in person or have others participate in such promotions or sweepstakes on behalf of them.
  2. To provide Users with more convenient services, Foream may match User information with third-party data.
  3. Foream will describe Foream’s services to any future partner, advertiser, and other third party and do so for any other legal purpose by disclosing the total User statistics.
  4. Foream will send to Users any information about Foream’s various products and services, or other product and service Foream considers that Users will be interested in. If Users do not wish to receive such messages, Users need to advise Foream of such when providing personal information or notify Foream of such at any time. In addition, Foream will make every effort to protect Users’ personal information, but Froeam cannot ensure or guarantee the security of any personal information, Users shall be liable for their personal information at their own risk.

6. User Content Streamed or Published On this Website

6.1 The content uploaded by Users means the videos or any other content of any form that Users uploaded, saved or published on this website, including texts, images, audios, etc.

6.2 Unless relevant notification received by Foream, Foream will deem Users as the owners of the copyrights of the Content uploaded and published by Users. Uploading or save and sharing or publication by Users of the Content shall be deemed that Users agree to grant Foream a worldwide free, irrevocable, indefinite, transferable and non-exclusive license to use such Content. Foream has the right to display, spread, promote, reproduce, modify, publish, distribute or otherwise use or authorize any third party to reproduce, modify, publish, distribute and otherwise use the foregoing Content.

6.3 Users shall be liable for any and all claims by any third party arising out of or any and all losses or damage derived from uploading or publication of the aforesaid Content on this website.

7. Third-Party Links

The service contains links to other international websites and online resources. Foreram assumes security responsibility for the availability of such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

8. Foream’s Intellectual Property Rights and Other Rights

8.1 Foream is entitled to any rights protected by intellectual property rights or any other law with respect to services and materials provided by this website, software used by this website as well as apps for mobile terminals. Foream reserves the copyright of the overall content except the copyrights Users are legally entitled to.

8.2 Videos and other Content any User streamed or published are protected by copyright law, trademark law, patent law, or other laws. Any other User shall not modify, lease or distribute or derivative other works from such videos and other Content without express authorization from Foream.

8.3 Users have the non-exclusive right to use the software used by this website, but shall not by itself or permit any third party to reproduce, modify, sell or derivative products from such software.

8.4 Any and all design drawings and other drawings of and product and service names on this website shall the trademarks and logos Foream and/or its affiliates are entitled to. No person shall use, or copy such drawings and names or use them for other purposes.

8.5 Foream is entitled to full intellectual property rights to its proprietary content, original content and other exclusive content obtained through authorization. Without authorization form Foream, no company or person shall reproduce, disseminate and provide watch services, or conduct any act in violation of any of Foream’s intellectual property rights; otherwise, such company or person shall assume any legal liability therefor.

9. Warranty

If you have purchased Foream Malaysia products and related services and complied with the terms and conditions of this Agreement, Foream Malaysia has the responsibility and obligation to provide after-sales service for products and services in accordance with Dream Distribution and Marketing’s warranty policy in case of the occurrence of any non-artificial damage to or failure of product hardware (Please refer to the Product Warranty).

10. Fees and Payment

Foream will charge Users according to the various products and services provided by this website. Foream reserves the right to adjust the prices of products and services and will notify Users in advance via e-mail or website announcement when providing new service charge standards; implementation of new service charge standards shall be effective as of the date published on this website.

11. Disclaimers

11.1 Foream shall not guarantee the truth, accuracy and completeness of any of others’ information, Content or advertisements obtained from this website (“Information”). Any company or person shall identify the authenticity and prudently prevent risk at its or his/her own risk when performing any act through such Information; otherwise, Foream, for whatever reason, shall not be liable for any direct, indirect, incidental or consequential loss and responsibility with respect to any transaction and/or act that is not directly with this website.

11.2 Foream has the right but not the obligation to improve or correct any omission or error of any portion of this website.

11.3 Foream does not warrant that (including but not limited to):

  1. this website is suitable for the requirements of Users;
  2. this website will be uninterrupted, timely, secure, reliable or error free;
  3. any product, service or other material obtained from this website will meet User expectations.

11.4 Users can use any material downloaded or obtained from this website and assume all risk arising from your use of such material. Users shall be liable for any computer system damage or data loss arising out of such use.

11.5 Foream shall not liable for any direct, indirect, incidental, consequential or punitive damages with respect to any loss of profits, loss of business reputation, loss of data or other tangible or intangible losses arising out of:

  1. this website being able to be used or being not able to be used;
  2. any product, material or service purchased or obtained from this website;
  3. unauthorized use or modification of User data;
  4. any other matter relating to this website.

11.6 Users shall judge to use search or retrieval directory of this website at his/her discretion. Such search or retrieval directory may lead Users into other websites that are considered offensive or inappropriate. Foream shall not have the obligation to check the content of the websites listed in such retrieval directory; therefore, Foream shall not be liable for its correctness, legality or legitimacy.

12. Third-Party Liabilities

Users shall indemnify and hold harmless and/or reimburse, and shall, if requested by Foream, defend Foream and its affiliates, agents or other partners from and against any and all claims by any third person arising out of streaming or publishing Content via this website, connection to this website, any violation of the terms and conditions of this service or infringement upon any rights of others.

13. Termination of Service

Foream has the right to temporarily or permanently terminate all or part of the services provided by this website at any time. Foream shall not be liable to any User and any third person with respect to the termination of the services provided by this website. Foream has the right, for whatever reason, to terminate any User’s account, password or the use of this service by such User, or delete or transfer the content such User stored or published on this website; Foream can take such actions without prior notice and shall not be liable to any User and any third person.

14. Notices

Any notices to Users will be given by Foream via e-mail or announced on this website. Foream will notify Users of any change to this Agreement or other matters via e-mail or announcement on this website.

15. Controlling Law and Jurisdiction

The validity, enforcement or interpretation of these Terms of Use and settlement of any dispute shall be governed by the laws of the People’s Republic of China without regard to its conflict of laws provisions. Any dispute or controversy arising out of or relating to this Agreement shall be governed by the court at the place where the server for services provided by Foream is located.

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