The Seaphone User Service Agreement (hereinafter referred to as "this Agreement") is an agreement between you ("User") and Seaphone regarding the download, installation, registration, enrolment and use (hereinafter collectively referred to as "Use") of Seaphone and related services (hereinafter referred to as "this Service"). In order to provide you with better services, please read and fully understand this Agreement carefully before starting to use Seaphone (hereinafter referred to as "this Software") and related services, especially the terms involving exemption or limitation of liability, terms of rights license and information use, terms of consent to open and use special single services, applicable law and dispute resolution terms, etc. Among them, important contents such as exemption or limitation of liability terms will be highlighted in bold for your attention, and you should read them carefully. If you are under the age of 18, please read and fully understand this Agreement in the company of your legal guardian, and use Seaphone and related services only after obtaining the consent of your legal guardian.
If you do not agree to this Agreement, Seaphone will not be able to provide you with complete products and services, and you can also choose to stop using Seaphone. If you fill in the information, read and agree to this Agreement and complete all registration procedures according to the prompts on the registration page, or fill in the information, read and agree to this Agreement and complete all startup procedures according to the prompts on the software startup page, or you actually use this service in other ways permitted by Seaphone, it means that you have fully read, understood and accepted all the contents of this Agreement, and this Agreement will become legally binding. You promise to accept and abide by the provisions of this Agreement. At that time, you should not claim that this Agreement is invalid or request to revoke this Agreement on the grounds that you have not read the contents of this Agreement or have not received answers to your inquiries from Seaphone.
The content of this Agreement includes the text of this Agreement and all privacy policies, policies, rules, statements, notices, warnings, tips, instructions (hereinafter referred to as "Rules") that Seaphone has published or may publish in the future. The aforementioned rules are an integral part of this Agreement and have the same legal effect as the text of the Agreement.
Seaphone has the right to modify or supplement this Agreement and related rules as needed. The modified or supplemented content constitutes an integral part of this Agreement. Once the modified agreement and rules are announced (through the Seaphone official website or client software), they will immediately replace the original agreement and rules and automatically take effect. When using Seaphone and related services, you should promptly check and understand the modified agreement and rules. If you do not agree to the relevant changes, you should immediately stop using Seaphone. If you continue to log in or use Seaphone and related services, it will be deemed that you accept the modified agreement and related rules.
Seaphone provides various forms of service software such as Seaphone computer client and mobile client (the specific details are subject to those provided by Seaphone). Seaphone will continue to enrich the terminals and forms of your use of this service. If you have registered for a form of service, you can use other versions of the service with the same account. This Agreement and related rules automatically apply to your use of all versions of Seaphone software and services.
If you register, log in and use this software and/or service on behalf of an organization rather than yourself, you will be deemed to be fully authorized to agree to this Agreement and related rules and regulations on behalf of the organization, as well as the modifications and supplements to this Agreement and related rules and regulations from time to time.
1.1 You must have full civil capacity and civil rights to use this service. If you are under the age of 18, please read and fully understand this agreement in the company of your legal guardian, and use Seaphone and related services after obtaining the consent of your legal guardian. If you are not the aforementioned qualified subject but continue to sign this agreement, all losses and consequences arising from the use of this service shall be borne by you (and your guardian).
1.2 In accordance with the relevant national laws and regulations, in order to use some functions of Seaphone and related services, you must fill in the accurate and true company name, personal name, email address, mobile phone number and any other information required during registration according to the registration prompts of Seaphone, and ensure that the above registration information is updated in a timely manner when it changes and ensure the validity and legality of the updated information. If the materials or information you submit are inaccurate, untrue, non-standard, or Seaphone has reason to suspect that they are wrong, untrue, or illegal, Seaphone has the right to refuse to provide you with relevant functions, and you may not be able to use Seaphone and related services or some functions will be restricted during use.
1.3 You understand and promise that the account you set up does not violate national laws and regulations and the company's relevant rules. Your account name, avatar, profile and other registration information and other personal information shall not contain illegal and bad information. You shall not open an account in the name of others (including but not limited to impersonating others' names, titles, font sizes, avatars or other methods that are confusing) without their permission, and you shall not maliciously register Seaphone accounts (including but not limited to frequent registration, batch registration of accounts, etc.). Seaphone has the right to review the information you submit. You must abide by relevant laws and regulations during account registration and use, and shall not engage in any behavior that infringes on national interests, damages the legitimate rights and interests of other citizens, or is harmful to social morality. Otherwise, Seaphone has the right to restrict or ban your account in this software, and suspend or terminate some or all functions of the service. In this case, Seaphone will not bear any responsibility to you.
1.4 Your account can only be logged in and used by you. Without the written consent of Seaphone, it is prohibited to give, borrow, rent, transfer, sell or otherwise allow others to use the account in any form. You may add multiple sub-accounts within the scope permitted by this Agreement and relevant business rules based on the content of the purchased services. You acknowledge and agree that any disputes between you and the sub-account users or between the sub-account users will be resolved and borne by you and/or the relevant parties, and will not be related to Seaphone; Seaphone will not intervene in the handling of such disputes, nor will it be liable to you or any relevant party for this.
1.5 You are responsible for maintaining the security of your registered Seaphone account and password, and assume all legal responsibility for the activities you engage in under the name of your registered account. In the event of loss or disclosure of your account or password due to your own reasons, Seaphone will not be liable for any loss or damage caused by your failure to comply with this security obligation.
1.6 You may only use the Service for your own (or internal if you are using it on behalf of an organization) operations. You may not use the Service for any illegal or unauthorized purpose, including but not limited to not providing the Service or any part of it to any third party in any way for profit or non-profit purposes, and may not use the Service to engage in any illegal or infringing third party intellectual property rights or other legal rights activities.
1.7 You shall comply with all applicable laws and regulations and the provisions of this Agreement and the Business Rules in the use of the Service, and shall not commit any illegal, infringing or infringing third party legal rights; you shall bear the corresponding legal responsibility for all actions under your account.
2.1 Before you use Seaphone and related services, you may obtain the Seaphone client application through download methods provided by Seaphone or a third party authorized by Seaphone. If you do not obtain Seaphone and related services from Seaphone or a third party authorized by Seaphone, Seaphone cannot guarantee that the unofficial version of Seaphone and related services can be used normally, and Seaphone has nothing to do with any losses you suffer as a result.
2.2 In order to ensure the security of Seaphone and related services and improve user services, after some or all of Seaphone and related services are updated, Seaphone will, if feasible, prompt you in an appropriate manner (including but not limited to system prompts, announcements, in-site messages, etc.), and you have the right to choose whether to accept the updated version; if you choose not to update, some functions of Seaphone and related services may be restricted or cannot be used normally.
2.3 You need to prepare terminal devices related to the software and related services (such as computers, mobile phones or other Internet devices) by yourself when using Seaphone and related services. In order to fully realize all the functions of Seaphone, you need to connect your terminal device to the Internet, and you need to bear the required expenses (such as traffic fees, Internet fees, etc.).
2.4 You can start using Seaphone and related services without registration, but some functions or services may be affected without registration. At the same time, you also understand that in order to enable you to better use Seaphone and related services and protect the security of your account, certain functions and/or certain individual service items will require you to provide real identity information and register and log in in accordance with relevant national laws and regulations before you can use them.
2.5 The basic functions of this software are free, and the basic functions only include: environment management, proxy IP management, member management, and fee management. This software supports wallet account recharge, and all payments must be completed through a valid bank card/credit card/Alipay/WeChat account, etc.
2.6 You can subscribe to Seaphone VIP service (hereinafter referred to as "VIP service"). If you need to subscribe to VIP service, please read the rules or service agreement on the relevant VIP service page and choose to subscribe to the relevant VIP service according to your needs. Your subscription to VIP service indicates that you have read, understood and agreed to the terms of service of VIP service. VIP service is a paid service provided by us. You can only use VIP service after paying the corresponding fee according to the charging standard of VIP service. After payment is completed, you cannot transfer or request a refund without reason. VIP service supports automatic renewal. We will automatically deduct the service fee for the next subscription period from your account balance before 24:00 on the day when your subscription period expires. You can cancel the automatic renewal function at any time. If you do not cancel the automatic renewal function before 24:00 on the day when your subscription period expires, it will be automatically renewed and deducted. If you have subscribed to VIP service and completed the payment, and Seaphone terminates the provision of VIP service to you due to reasons, Seaphone's obligation is only to return to you the part of the fee corresponding to the VIP service period that you have paid but have not used.
2.7 Seaphone reserves/holds the right to set some services as paid services. If Seaphone opens any paid service and you choose to use the paid service, you need to pay the corresponding fee yourself. For paid services, Seaphone will give you a clear reminder before you use them. Only when you confirm your willingness and pay the relevant fees according to the reminder, you can use such paid services. If you refuse to pay the relevant fees, you may not be able to use such paid services.
2.8 With your consent andSubject to accepting all the terms of this Agreement, Seaphone agrees to grant you a revocable, modifiable, non-exclusive, non-transferable and non-re-licensable right to use Seaphone and related services for personal use only. All other rights not expressly authorized in this Agreement remain reserved by Seaphone. You must obtain Seaphone's written permission before exercising such rights. At the same time, if Seaphone does not exercise any of the aforementioned rights, it does not constitute a waiver of such rights.
3.1 You understand and agree that Seaphone and related services provided by Seaphone are provided in accordance with the current status of existing technology and conditions. Seaphone will do its best to provide you with services and ensure the continuity and security of the services. You understand and agree that Seaphone cannot foresee and prevent technical and other risks at any time, including but not limited to service interruptions, inability to use Seaphone and services normally, and other losses and risks caused by force majeure, network reasons, third-party service defects, third-party websites, etc. Seaphone does not assume any responsibility for the losses and risks caused by such reasons.
3.2 You understand and agree that in order to protect the development of Seaphone's business, Seaphone reserves the right to change (including but not limited to upgrades, updates, additions, reductions, etc.) and interrupt or terminate the provision of Seaphone and related services at any time. If necessary, Seaphone will announce it through system announcements, notifications, or other methods that Seaphone deems appropriate. Please pay attention to and check the relevant situation in a timely manner.
3.3 If you violate the provisions of laws and regulations, or any third-party infringement complaint occurs, Seaphone will have the right to restrict or ban your account on Seaphone, and suspend or terminate some or all functions of the service, and have the right to require you to compensate for all losses caused to Seaphone. You shall bear all consequences caused by the aforementioned illegal or infringing acts. You understand and agree that termination of this service will result in termination and deletion of your account and all content and information in your account.
4.1 In order to provide you with better services or changes in national laws and regulations, policy adjustments, technical conditions, product functions, etc., Seaphone will revise this Agreement from time to time, and the revised content shall constitute an integral part of this Agreement. Once the terms of this Agreement are changed, Seaphone will issue an updated version on Seaphone and remind you through system announcements, notifications or other methods that Seaphone deems appropriate. When you use Seaphone and related services, you should check and understand the modified content in a timely manner. If you continue to log in or use Seaphone and related services, it will be deemed that you have recognized and accepted the modified terms of the agreement; if you have any objections to the modified terms of the agreement, please immediately stop logging in or using Seaphone and related services.
4.2 Seaphone's operating company [MEGA MULTIMEDIA AI, INC.] has the right to unilaterally decide to arrange or designate its affiliates, controlling companies, successor companies or third-party companies recognized by [MEGA MULTIMEDIA AI, INC.] to continue to operate Seaphone according to the needs of Seaphone and related services or operations. In addition, certain services involved in this agreement may be provided to you by [MEGA MULTIMEDIA AI, INC.]'s affiliates, controlling companies, successor companies or third-party companies recognized by [MEGA MULTIMEDIA AI, INC.]. Your knowledge and agreement to accept the relevant service content shall be deemed to accept that the relevant rights and obligations are also subject to this agreement.
4.3 Seaphone reserves the right to change, upgrade, modify, transfer, suspend or terminate part or all of the Services or any part of the Services and their related functions and applications at any time at its sole discretion. You agree that Seaphone shall not be liable to you or any third party for the above actions.
4.4 Seaphone reserves the right to adjust the types, forms and fee standards of the services provided at any time according to actual conditions. All price changes of the Services will be notified by Seaphone. Seaphone may do so by push notification, email, official website announcement or by changing the Seaphone software or the Service itself. Your continued access to the Software and/or use of the Service shall be deemed as your acceptance of the changed Services and prices. You agree that Seaphone shall not be liable to you or any third party for the above actions.
5.1 You shall ensure the legality of any content uploaded, stored, or accessed during the use of this software and service, and ensure that the content does not violate any laws and regulations, does not violate public order and good customs, and does not infringe on the intellectual property rights or other legal rights of any third party. Any intellectual property disputes and other disputes related to the content you upload, store, or access will be resolved by you and the relevant parties and you will bear all responsibilities. It has nothing to do with Seaphone. If Seaphone suffers any losses as a result, you agree to compensate in full. If Seaphone receives any complaints or objections regarding the legality or ownership of the content of this software/service, it will have the right to delete the relevant content without notifying the user.
5.2 During your use of Seaphone software and services, Seaphone has the right to review the content you upload, store, access, and send. If any third party raises any objection to any of your content, or Seaphone believes that any of your content is suspected of being illegal, in violation of this Agreement, infringing on the rights of a third party, or is inappropriate, or may affect the rights of other users or third parties, Seaphone has the right (but not the obligation) to refuse or delete any content at its sole discretion and will not bear any responsibility. You must compensate Seaphone for all expenses and losses incurred by any third party for any claims, claims, requests, or lawsuits brought against Seaphone by any third party due to the aforementioned circumstances.
5.3 Seaphone has the right to delete any content and accounts that Seaphone deems to contain illegal, offensive, threatening, libelous, defamatory, obscene, pornographic or any other negative information at any time, or delete any content and accounts that Seaphone deems to be in violation of the law, the provisions of this Agreement, or may cause harm or damage to any Seaphone user, employee or third party, or that Seaphone deems to have any other negative impact. You shall not spread any worms or viruses or any destructive code during the use of Seaphone software and services.
5.4 When you use content provided by other users or third parties through this software and services, you shall obtain the permission or consent of the content provider in advance; you shall bear the responsibility and third-party losses caused by your failure to comply with the above rules of use, which shall not be related to Seaphone. If you cause losses to Seaphone, you shall also compensate Seaphone for all losses.
5.5 When using Seaphone and its related services, you may not: (1) modify, translate, annotate, adapt, arrange, or interpret Seaphone; (2) copy, reproduce, disseminate, or display all or part of the content of Seaphone's programs, user manuals, and/or other graphic, text, audio, or video materials; (3) analyze, modify, attack, or derive Seaphone through reverse engineering, decompilation, disassembly, or any other means; (4) detect, intercept, obtain, or use Seaphone's source code and/or any information stored in Seaphone by any means; (5) delete, cover, or alter Seaphone's or any third party's copyright notice, trademark, or other intellectual property notice; (6) delete, cover, or alter any information displayed by Seaphone; (7) exploit any technical defects or vulnerabilities that may exist in Seaphone to profit for yourself or others in any form or Engage in other improper behaviors; (8) Use any means or methods to attempt to attack the servers, routers, switches and other equipment that provide Seaphone and related services in order to illegally obtain or modify unauthorized data, affect the normal order of Seaphone services, and other harmful purposes; (9) Destroy or interfere with Seaphone and related services in any way, maliciously damage Seaphone, disrupt the normal order of services or deliberately spread malicious programs or viruses, and other behaviors that damage or interfere with normal network information services; (10) Make, publish, disseminate, and use any form of auxiliary tools or programs that hinder Seaphone and related services; (11) Malicious registration (including but not limited to frequent and batch registration), stealing or using other people's accounts or passwords to log in/use Seaphone; (12) Other behaviors that affect Seaphone's brand image or company interests.
5.6 When using Seaphone and related services, you shall not conduct intrusion, sabotage, fraud, post illegal speech or other illegal acts, and shall not produce, upload, download, disseminate or browse the following content: (1) Opposing the basic principles established by the Constitution; (2) Endangering national security, leaking state secrets, subverting the state power, and undermining national unity; (3) Damaging the honor and interests of the state; (4) Inciting ethnic hatred and discrimination, and undermining ethnic unity; (5) Undermining the state's religious policies, promoting cults and feudal superstitions; (6) Spreading rumors, disrupting social order, and undermining social stability; (7) Spreading obscenity, pornography, gambling, violence, murder, terror, or abetting crimes; (8) Insulting or slandering others, infringing on the legitimate rights and interests of others; (9) Information containing other content prohibited by laws and administrative regulations.
5.7 During your use of Seaphone and related services, you are prohibited from engaging in the following activities: (1) any form of spam: such as posting a large number of any emails/message boards/comments/messages and pictures; (2) any form of advertising fraud or click fraud: such as telecommunications fraud; (3) disguise, impersonate or deceive to achieve illegal purposes; (4) post illegal remarks or cheat on social platforms (such as Weibo, WeChat, Douyin, Xiaohongshu, etc.); (5) any other activities suspected of illegal or illegal activities.
If Seaphone has reason to believe that your behavior violates or may violate the above agreement, Seaphone may independently judge and handle it, and has the right to delete the relevant content, terminate the provision of this service to you, deactivate your account without prior notice, and pursue relevant legal liabilities.
6.1 Seaphone legally enjoys all legal rights (including but not limited to intellectual property rights) to the content provided in Seaphone and related services (including but not limited to appearance design, applications, source code, software, technology, programs, web pages, textual expressions and their combinations, pictures, images, charts, icons, decorations, icons, audio, video, color combinations, interface design, layout framework, application programming interface and related data, printed materials, electronic documents, etc.). All copyrights and all other intellectual property rights based on which Seaphone provides Seaphone and its related services belong to Seaphone. Without the prior written permission of Seaphone, no one may make any unauthorized use of it, including but not limited to not reproducing, copying, distributing, exhibiting, adapting, compiling, publishing, disseminating, selling or using any part of the HTML/ CSS, JavaScript or visual design elements and concepts of the Service. Without the prior written consent of Seaphone, you may not implement, use, transfer or license others to implement any of the above intellectual property rights or any part thereof for any purpose.
6.2 The "Seaphone", "Seaphone" logo (graphic) and/or other product and service logos of Seaphone and its related services are trademarks or registered trademarks of Seaphone and its affiliates in China and/or other countries/regions. You may not use them without the legal authorization of Seaphone.
6.3 Seaphone and its affiliates own patents, trademarks, copyrights and other intellectual property rights in Seaphone and related services. Seaphone and its affiliates provide you with Seaphone and related services, which does not constitute authorization to you.any intellectual property rights related to Seaphone and its affiliates, Seaphone or other Seaphone.
6.4 You understand and agree that for any information and content you upload, publish, or disseminate through Seaphone and related services (whether to provide/open the function of distributing such information and content and when to provide such function shall be determined by Seaphone at its sole discretion), you grant Seaphone a free, permanent, non-exclusive, irrevocable authorization and license worldwide, and Seaphone has the right to use, copy, adapt, compile, publish, translate, create derivative works based on, disseminate, perform and display such information and content in whole or in part, and/or incorporate such content in whole or in part into any work, service or technology of Seaphone and/or its affiliates, by itself or by a third party.
6.5 All rights not expressly granted to you in this Agreement are reserved by Seaphone and its affiliates.
7.1 You agree that Seaphone provides the Services only on an "as is" and "as available" basis. Seaphone guarantees that the Services provided are consistent with the corresponding Service Description and the Service Commitments published by Seaphone from time to time. In addition to the above warranty, Seaphone does not make any other express or implied warranties regarding Seaphone and related services, including but not limited to no warranties: (1) Seaphone and related services will meet your specific requirements or needs; (2) Seaphone and related services will be uninterrupted, timely, secure or error-free; (3) The results obtained from the use of Seaphone and related services will be accurate or reliable; (4) Any errors in Seaphone and related services will be corrected.
You are aware of and agree to the above-mentioned conditions of this software and services, and agree to bear all risks of using this software and services at your own risk.
7.2 You acknowledge and agree that Seaphone is not responsible for any content you may access through Seaphone and related services, and you agree to use this service at your own risk.
7.3 Based on the open nature of the Internet, you are aware that uploading pictures, information or any materials to the Internet may be copied, reproduced, modified or used for other illegal purposes by other organizations or individuals, and you must be fully aware of the existence of such risks; you explicitly agree that the risks of using this software and the services under this agreement will be borne entirely by you; you will pursue the liability and losses caused by third-party infringement from the third party, and Seaphone does not need to bear any responsibility to you in this regard.
7.4 In any case, Seaphone shall not be liable for Seaphone's inability to access, delays, stagnation or errors in information and data, or failure or delay in providing the Service due to Internet connection failure, communication or other system failure, hacker attack, virus, power failure, strike, labor dispute, riot, uprising, riot, fire, flood, storm, explosion, force majeure, war, government action, orders of international or domestic courts, inaction of third parties or any other reasons beyond Seaphone's reasonable control.
7.5 You understand and agree that this Agreement is intended to ensure compliance with national laws and regulations, maintain public order and good customs, and protect the legitimate rights and interests of users and others. Seaphone will make its best efforts to make judgments in accordance with relevant laws and regulations within its capabilities, but it does not guarantee that Seaphone's judgments are completely consistent with those of judicial and administrative agencies. You have understood and agreed to bear the consequences of this.
7.6 Seaphone shall not be liable for any special, indirect, punitive, incidental or other damages (including but not limited to loss of profits or interest, loss of your privacy, disclosure of your personal data, theft, failure to perform any duty including good faith or reasonable prudence, negligence and any other reasons) regardless of whether it is foreseeable or not, regardless of the form of action or inaction. Unless otherwise expressly provided by laws and regulations, the total liability of Seaphone to you, regardless of the reason or the form of action, shall never exceed the fees (if any) paid by you to Seaphone during the use of Seaphone and related services.
7.7 You acknowledge and agree that Seaphone shall not be liable to you for the inability to access (use) related services or data loss caused by your failure to pay service fees or default in service fees.
8.1 Seaphone has the right to review and supervise your use of Seaphone and related services. If you violate laws, regulations, relevant policies, this Agreement or other terms of service, or if Seaphone determines that the user's account data is abnormal, Seaphone has the right to require the user to correct it or directly take necessary measures according to the circumstances (including but not limited to advance warning, refusal to publish, immediate suspension of information transmission, deletion of content or comments, short-term prohibition of publishing content or comments, restriction of part or all functions of the user's account, restriction/suspend/termination of the user's activities/authorities in Seaphone and related services, termination of authorization for Seaphone and related services, forced offline, account suspension, change or deletion of user-related information content, etc.), and Seaphone does not assume any responsibility for the consequences of your inability to use the account and related services normally, inability to obtain assets or other rights in your account normally, etc. Seaphone has the right to announce the handling results and has the right to decide whether to resume the use of the relevant account based on the actual situation. Seaphone will keep relevant records of suspected violations of laws and regulations, suspected illegal and criminal acts, and has the right to report to the relevant competent authorities, cooperate with the relevant competent authorities in investigations, and report to the public security organs in accordance with the law. Seaphone has the right not to restore deleted content.
8.2 If you violate laws, regulations, relevant policies, this agreement or other service terms, resulting in third-party complaints or litigation claims, Seaphone has the right to take all legal and reasonable measures after receiving notification from the right holder or relevant party. You shall handle all rights claims raised by third parties on your own and bear all legal responsibilities that may arise from them. If Seaphone and its affiliates, controlling companies, and successor companies compensate any third party or suffer penalties from state agencies due to your illegal, infringing or breach of contract, you shall also fully compensate Seaphone and its affiliates, controlling companies, and successor companies for all direct and indirect losses (including but not limited to economic losses, loss of goodwill, appraisal fees, assessment fees, notarization fees, penalties, attorney fees, arbitration fees, litigation fees, preservation fees, guarantee fees, damages compensation fees, etc.) suffered as a result.
9.1 The formation, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be subject to the laws of the People's Republic of China (excluding Hong Kong, Macao and Taiwan). If any provision of this Agreement is invalid or unenforceable due to conflict with the laws of the People's Republic of China, such provisions shall be interpreted and used as close to the original purpose of this Agreement as possible without violating the law, and the other provisions of this Agreement shall remain fully valid and effective.
9.2 This Agreement is signed in the High-tech Zone, Zhuhai City, Guangdong Province, the People's Republic of China. If any dispute arises between you and Seaphone, both parties shall try to resolve it through friendly negotiation. If the negotiation fails, you agree to submit the dispute to the Zhuhai International Arbitration Court for arbitration in accordance with the arbitration rules in effect at that time.
10.1 All notices issued by Seaphone to you under this Agreement may be issued by Seaphone in any of the following ways: (1) through push notifications, emails, official website announcements, etc.; (2) by sending an email to the email address provided by Seaphone when you register or change your information thereafter (sent and deemed delivered).
10.2 If any provision of this Agreement is determined to be completely or partially invalid or unenforceable for any reason, the invalid or unenforceable provision will be replaced by a valid and enforceable provision that is closest to the original provision, and the remaining provisions of this Agreement shall remain valid and enforceable.
10.3 The failure or delay of Seaphone to exercise any right, power or privilege provided for in this Agreement shall not be deemed a waiver of such exercise, and the exercise of any single or partial right, power or privilege shall not preclude any other or further exercise of the right, power or privilege or the exercise of any other right, power or privilege under this Agreement.
10.4 You and Seaphone are independent entities. In any case, this Agreement does not constitute any form of express or implied warranty or condition of Seaphone and its affiliates to you, and no agency, partnership, joint venture or employment relationship is constituted between the two parties.
10.5 The final right of interpretation of this Agreement belongs to Seaphone.