Term of Use
1. Terms of Acceptance
2. Introduction of Service
3. The authenticity of Your Personal Information
(1) You should ensure the authenticity, correctness and completeness of the identity information in terms of the use of the Service. If the changes of your personal information have occurred, you should promptly update it and Pinguo shall not bear any liability for your loss or damage caused by your untrue or incorrect information or your failure to change the information or forgetting of your password. If Pinguo knows that you have provided wrong, incorrect, outdated or incomplete information or if Pinguo has reasonable grounds to suspect that such information is wrong, incorrect, outdated or incomplete, Pinguo shall reserve the right to suspend or terminate your account and refuse your current or future use of the Service in whole or in part.
(2) In order to use the paid services, you have to register and log in. You shall maintain the confidentiality and security of your ID and password. It is your responsibility if you cannot use the paid services due to the loss of your password. You shall be responsible for any person's activity by making use of your password and account. Pinguo cannot screen the activities by illegal or unauthorized use of your account and password, thus, Pinguo shall bear no responsibility for it. It is prohibited to transfer or illegally sell accounts and passwords. If Pinguo discovers that the user is not the initial registrant, Pinguo is entitled to withdraw the account without being liable to the account user.
4. Services Purpose
Unless additional agreement is signed between you and Pinguo, you shall agree that the Service is for personal and non-commercial use only. At the same time, you shall promise that without our prior written consent you will not use the Service for advertising, marketing, trade shows and other commercial purposes. If Pinguo discovers that you use the Service to carry out the above-described behavior, Pinguo has the right to delete your uploaded content or to perform temporary or permanent ban of your album and account without notice.
You can only use the third-party-provide services in the "MIX by Camera360", such as the font downloading service. Unless you get the permission of the third party, you shall not use or authorize other third party to use any picture or photo which contains contents provided by third party for any kind of commercial use. If Pinguo or the third-party service provider discovers that you use the Service to carry out the above-described behavior, Pinguo has the right to delete your uploaded content or to perform temporary or permanent ban of your album and account and the third-party service provider will sue you for your tort.
5. Rules for Use
(1) You shall not abuse the "MIX by Camera360" service, and Pinguo hereby draws your attention that the provider and user shall bear all liability to the pictures, photos, filters, your registration information or other information (hereinafter referred to as the "Content") uploaded, browsed, deleted, downloaded, and shared through the Service (whether public uploading or not) and the provider and user also shall be liable to the behavior of uploading and using the Content. You shall ensure that: you shall not use the Service to produce, copy, upload, publish or disseminate information containing any of the following contents and shall not do it on the website of Pinguo: 1) against the basic principles established by the Constitution; 2) endangering national security, leaking state secrets, subverting state power or undermining national unity; 3) damaging national honor and interests; 4) inciting ethnic hatred and ethnic discrimination or undermining national unity; 5) destroying national policies on religions, propagating evil cults and feudal superstition; 6) spreading rumors , disturbs social order, or undermines social stability; 7) spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime; 8) insulting or slandering others, infringing upon the legitimate rights; 9) inciting unlawful assembly, association, processions, demonstrations or mob to disturb social order; 10) acting in the name of an illegal civil organization; 11) containing content that is false, harmful, coercive infringement of others' privacy, harassing, defamatory, vulgar, obscene or other morally repugnant content; 12) containing content limited or prohibited by the Chinese laws and regulations as well as any legally binding norms.
(2) You must ensure that you have the complete and flawless ownership and intellectual property rights for your uploaded photos and filters and etc, or that you have been lawfully authorized by others and entitled to upload and act other behaviors on "MIX by Camera360" platform and that your uploading behavior on this website does not infringe the legitimate rights and interests of any third party. You shall not upload, post or transfer any internal data, confidential information, information relating to the privacy of others or infringing patent, trademark, copyright, trade secrets or other proprietary rights and content of others to the "MIX by Camera360" platform. Otherwise, you shall bear the resulting legal and economic responsibility, and if Pinguo therefore assume legal responsibility for that, Pinguo has the right to file a claim for recovery from you.
(3) You shall not use the Service to perform the behavior of spread of computer viruses and other destructive programs or make interference or confusion against the Service, the server or network connected with the Service or violate any requirement, procedures, policies or rules of networks connected to the Service, or Pinguo will retain the right to pursue the legal responsibility of yours and the right to submit it to the relevant departments.
(4) Pinguo reserves the right to filter your uploaded pictures and added text and other content. Once Pinguo find out that the pictures or texts violate the laws or regulations or this Agreement, Pinguo has the right to immediately delete or shield the pictures or text without notice.
(5) You shall not transmit the advertising letters, promotional materials, junk mails and so on by uploading, posting, email or other ways.
(6) You shall agree to comply with the General Principles of the Civil Law of the People's Republic of China, Copyright Law of the People's Republic of China, Law of the People's Republic of China on Guarding State Secrets, Regulations of the People's Republic of China for Safety Protection of Computer Information, Regulations on the Protection of Computer Software, Administrative Protection of Copyright on the Internet, Administration of Internet News Information Services Provisions and other relevant national laws and regulations. In any case, if you are in breach of national laws and regulations or the Agreement and causing any damages to Pinguo or causing Pinguo suffers any damage, dispute, litigation or claims from any third party, you are required to compensate Pinguo for all losses (including direct losses and indirect losses).
(7) You shall not use the "MIX by Camera360" to engage in any act endangering the security of computer information network, otherwise, upon the complaint, report or discovery, you shall assume all legal liability and compensate Pinguo for the losses.
(8) If your use of the "MIX by Camera360" service does not comply with the Agreement, Pinguo may, at its sole discretion and without prior notice, has the right to immediately terminate service to you in part or in the whole. If you spread and disseminate reactionary, pornographic or other information in violation of national laws and regulations through "MIX by Camera360", "MIX by Camera360" system record may be used as evidence of your violation of the laws and regulations. You shall bear full responsibility for claims from any third party or any damage or loss arising from your uploading and disseminating said information on "MIX by Camera360".
(9) Pinguo has the right to monitor your use of the "MIX by Camera360". In case of discovery your violation of any regulation of the Agreement through notification and report and other ways at the time of using the "MIX by Camera360" network services, Pinguo reserves the right to ask you to correct or directly take necessary measures (including but not limited to changing or deleting your uploaded content, suspending or terminating your right to use network services) in order to reduce the impact caused by your misconduct.
6. Permission of Public Areas
You agree that you authorize Pinguo to use your photos and texts which are shared in the public areas of the Service (public areas generally refer to the areas which can be used by general users), and this authorization is worldwide, royalty-free, non-exclusive, transferable and permanently effective , and Pinguo has the right to use the said content for Internet value-added services or telecommunications value-added services by using, copying, modifying, adapting, publishing, translating and creating derivative works for the purpose of demonstrating, spreading and promoting the foregoing contents.
7. Service Risks and Disclaimer
(1) In case of photos lost or damage to files, Pinguo will not bear any responsibility.
(2) You shall fully understand and agree that the Service is related to the Internet and mobile communications and other services and may be affected by all destabilizing factors. Thus, the Service may suffer the risk of service interruption or failing to meet your requirements caused by the force majeure, computer virus or hacker attacks, system instability, your position, your turning off, GSM network, the Internet, communications network, communications lines and so on or it may result in the risk of cancellation or termination of service (any information stored in the service may not be restored). And if you use the Service, you shall bear such risks by yourself. Pinguo does not guarantee the timeliness, security and accuracy of the service and shall bear no liability for your failing to sending or receiving messages, delivery error of messages, effectiveness of personal settings, failing to store or other issues. Pinguo will not bear any responsibility for your loss of data or termination of service due to force majeure or faults not caused by Pinguo.
(3) Once the system failure that affects the normal operation of the Service is discovered, Pinguo shall promise to try its best to solve and repair it. But Pinguo is not liable to your economic and spiritual losses here from. In addition, Pinguo reserves the right to suspend the part or all of the Service for the maintenance, upgrade or other purposes without prior notice.
(4) Pinguo solemnly draws your attention that the content provider shall be liable to any content which is uploaded or sent by the providers through the Service, whether publicly or privately. Pinguo cannot control the content delivered via the Service and cannot perform full control of your usage behavior, therefore, Pinguo does not guarantee the legality, correctness, completeness, authenticity or quality of the content. You shall understand that the use of the Service may come into contact with the unpleasant, indecent or objectionable content and shall agree to self-evaluate and bear all risks, rather than relying on Pinguo. In any case, Pinguo reserves the right, in accordance with the laws, to stop the transmission of any such content and take appropriate actions, including but not limited to suspending your use of all or part of the Service, keeping the records and reporting to relevant authorities. Pinguo has the right (but not the obligation), at its sole discretion, to reject and delete any content that can be provided through the Service and be in violation of the terms or other content objectionable to Pinguo or others.
(5) You shall fully understand and agree that Pinguo is not liable to any person or any possible damage to your interests arising from uploading of your pictures and other works onto "MIX by Camera360" by a third party without your knowledge or without your consent.
(6) You shall fully understand and agree that a third party may obtain related information in "MIX by Camera360" by visiting the Pinguo website, and may use, modify, interpret, download or reprint the information. You or any third-party use, modify, interpret, download or reprint your information may infringe your rights and interests, but Pinguo will not be liable to any person or any behavior or any losses.
(7) You shall fully understand and agree that the received advertising messages through the Service for any form of commercial dealings with advertisers or participation in promotions shall be action between you and advertisers, including payment and delivery of related goods or any other terms and conditions, warranties or representations. Unless required by relevant laws and regulations, Pinguo shall not be responsible for any nature of loss or damage caused by foregoing transactions or such advertisers.
(8) Pinguo has the right to freeze or withdraw the account of your album according to the needs of the service after notifying you at least three days in advance.
(9) You shall fully understand and agree that when the contracts between Pinguo and third-party service provider is due, you cannot redownload the contents, but you can keep using them if you do not unload the "MIX by Camera360" or change your mobile terminal.
8. In any case of the followings, Pinguo reserves the right to suspend or terminate the services provided to you without notice:
(1) Your personal information is untrue;
(3) In case of long-term idle account and corresponding domain name after registration;
(4) Pinguo finds that you have registered album account in bad faith or Pinguo has received a third party's complaint with appropriate evidence;
(5) Other special cases that Pinguo believes in line with the overall demand for services.
9. Ownership of Content, Logo and Software
The content includes "MIX by Camera360" filter name, texture name, sound, pictures and all content in mailing information and advertising. Logo includes "Pinguo", "Camera360" and related graphic identities, and all these contents and logo are protected by copyright, trademark and patent right. So, you can use such contents or logo only under authorization of Pinguo, otherwise you have no right to copy or reproduce these contents and logo or to create such content-related derivative products.
The ownership of any software (including but not limited to any image, photograph, animation, video, sound recording, music, text and additional procedure, accompanied help material and so on in the software) of "MIX by Camera360" for the provision of network services shall belong to the copyright owner of the software. Without permission of the copyright owner of the software, you shall not reverse engineer, decompile or disassemble the software or otherwise attempt to discover its original coding or implement any action involving in copyright infringement.
10. Right Notice
"MIX by Camera360" respects the intellectual property rights and the legitimate rights and interests of others. Pinguo appeals you should also respect others' intellectual property and other legitimate rights and interests. If you believe that your copyright/information network transmission right has been infringed, please issue the right notice to Pinguo in accordance with the following instructions. Pinguo will, in accordance with governmental normative documents and Chinese laws and regulations, take measures to delete charged content or disconnect the link to the charged works. Main requirements for the notice are as follows: 1) intellectual property owner / right owner and / or right person with the right of the exercise of intellectual property rights / other legitimate rights and interests in accordance with the laws; 2) your posted or linked works to the "MIX by Camera360" infringe the above intellectual property / legal rights and interests.
Specific notification steps and manners are as follows:
(1) Such individuals or entities must submit right notice to Pinguo in writing (unless with the prior consent of Pinguo, please do not use e-mail for submittal). Note: In case of the misrepresentation of the right notice, the right notice submitter will assume all liability (including but not limited to the compensation for all costs and attorneys' fees) here from. If such individuals or entities are uncertain whether the available information on the network infringes their intellectual property and other legitimate rights and interests, Pinguo recommends that such individuals or entities should first consult with professionals. In order to Pinguo can effectively deal with the right notice that sent by such individuals or entities, please use the following format (including section number): 1) Please provide detailed contact information, including name, ID card or passport copies (for individuals), main qualification copies like the business license (for entities), mailing address, telephone number and e-mail. 2) Please completely and accurately specify the name of the infringed works and website of posting the works. 3) Please provide preliminary evidence of the alleged infringement, such as the following materials: certificates for proving the ownership of the involved intellectual property / legal rights and interests / or the right to exercise such intellectual property rights / legitimate rights and interests as per law; and proof of infringement facts of the alleged infringed works.
(2) Please add the following authenticity statement of the content of the notice on the right notice: "I guarantee that the information in the notice is full, true and accurate, and if the right notice is not completely true, I will assume all legal responsibility here from."
(3) Please sign the document, and if you are a legally established institution or organization, please seal your official seal.
(4) Please send the above information and contact information in express mail or registered mail to the following address:
Room D, Floor 16, Unit 2,Block C, No. 48, Zhichun Road, Haidian District, Beijing, PRC
Addressee: "MIX by Camera360"
Postal Code: 100089
11. Applicable Laws and Dispute Jurisdiction
The effect and the interpretation of the Agreement shall be subject to the laws of the People's Republic of China (excluding any body of law governing conflicts of law). In case that any part of the Agreement conflicts with the laws of the People's Republic of China, the terms and conditions of such part shall be reinterpreted as per law. Invalidity or reinterpretation of part of the terms and conditions shall not affect the legal effect of other terms.
You and Pinguo jointly agree to solve disputes arising from the Service or Agreement through negotiation. If no agreement is reached through consultation, either party may submit to the local court where Pinguo is located for proceedings.