User Service Agreement

Date of latest update: February 17, 2020

Before becoming a registered MIX user, please read this User Service Agreement (hereinafter referred to as "this Agreement") carefully to ensure that you fully understand the terms of this Agreement. Please read carefully and choose to accept this Agreement or not. Minor users under the age of 14 should read this Agreement carefully in the company of their legal guardian and decide whether to accept this Agreement or not. If you read and agree to the content of this Agreement, you can start using services provided by MIX. Please contact us in time for any question.

This Agreement stipulates the rights and obligations binding on the user and Chengdu Pinguo Technology Co., Ltd. (hereinafter referred to as "Pinguo Technology") regarding the “MIX” service (hereinafter referred to as "Service"). "User" means an individual who registered, logged on and used MIX products. This Agreement may be updated at any time as required. The original agreement terms will be replaced with the updated agreement terms, which are available on the official website or this page, upon release; we will remind you of major changes by means of push, pop-up or announcements, etc., and your continuous use of this product and related services means that you agree to accept the revised content of this Agreement.

I. Protection of Personal Information

MIX will do its best to protect the personal information of users. We’ll collect, use, store, manage and protect personal information of users in strict accordance with the provisions of this Agreement and the Privacy Policy. Please read the content of the Privacy Policy carefully. Please contact us in time for any question or comment for all or part of the terms of the Privacy Policy.

II. Account Security

  1. To access full functions and services, you’re recommended to become a MIX registered user.
  2. If the applicant was once blocked by MIX or is suspected to false application or registration under others’ name, or has other reasons for which the account cannot be granted, MIX will reject it’s registration request.
  3. Once registered successfully, MIX users have the right to log on MIX with their username and password.
  4. Users should be responsible for the security of their accounts and passwords. In case of account information and password loss due to improper care, account embezzlement, no access to paid contents, etc., users should bear the responsibilities by themselves.
  5. Users shall not, in any form, take the liberty to transfer the MIX account or authorize others to use their own account, no matter paid or unpaid, or MIX has the right to temporarily or permanently block your account and ask for compensation from you.
  6. You should be responsible for all the acts done under your account information and passwords. Pinguo Technology cannot identify whether your account or password is legal or authorized or not, and therefore, Pinguo Technology shall not bear any related responsibilities.

III. Service Content

  1. The specific service content of MIX is provided by Pinguo Technology according to the actual situation. The contents include free services and paid services. On the premise that you abide by the terms and conditions of this Agreement, MIX provides you with a service platform integrating editing, uploading, viewing and sharing pictures and filters, and other functions. The contents of MIX community all come from voluntary share by MIX users. MIX will not make any modifications on the customized filters and poster templates uploaded through cloud sync and other data.
  2. MIX is entitled to check the contents users post/communicate (including but not limited to texts, pictures, videos, pictures and essays, etc.). For any contents violating the laws or the socialist spiritual civilization, MIX has the right to immediately delete or block them.

IV. Post of Community Contents and User Code

  1. The contributing user should be liable for the authenticity and legality of the contents (including pictures, poster templates, and texts) posted in MIX. In case the information or contents require prior authorization or consent by certain obligee, such authorization or consent should be gained in advance. The contributed works shall be deemed as having gained such authorization or consent already (if any). Users shall not spread any internal materials, confidential materials, materials violating other people’s privacy or patents, trademark, copyright, trade secrets, or any other special rights through MIX. Otherwise, the user should bear all legal and economic responsibilities occurred. Before contributing, users should read the Terms and Conditions of User Contribution and Creative Commons Public License carefully.
  2. After logging on MIX account, users can download the works uploaded by other users in MIX community, including shared pictures, customized filters and poster templates. The copyright information of all the pictures in MIX community (including independent pictures and poster designs) is provided by the contributing users and the users shall make promises on that. MIX, as the platform, cannot make sure whether such information is true or not, and no promise is hereby made. Please use the pictures and works while strictly following the authorization and use scope. Any deeds of use outside the authorized scope shall constitute violation of rights, and users shall independently bear all potential legal and economic responsibilities occurred. Before downloading and using the contents in the Community, please read the Notice for Download and Use carefully and strictly abide by it.

V. User Representations and Warranties

  1. The user promises that he/she is a civil subject with full capacity for civil conduct and the competence to conclude transactions and fulfill his/her obligations.
  2. Users are obliged to provide authentic information during registration, to ensure that MIX staff can contact with the users through abovementioned method. In the meantime, users shall update the user information and other related materials in a timely manner in case of any modifications.
  3. Any material downloaded and used by the user with MIX and other information of MIX are only for the user’s personal purpose of entertainment, study, research or appreciation and shall not be used for any commercial purpose without the written consent of Pinguo Technology. Furthermore, the user promises not to use the service for commercial purposes such as advertising, sales and business show without the prior written consent of Pinguo Technology. MIX is entitled to delete the contents you uploaded and temporarily or permanently block your account for any abovementioned action with the service identified.
  4. Any content produced, copied, shared and transmitted by the user in the use of MIX, including but not limited to accounts, nicknames, and other registration information, or texts, pictures, videos, essays delivered or replied, related links and pages, as well as contents generated from using this account or this service must not violate the relevant national legal rules, including but not limited to the following:
    1. Opposing the basic principles specified by the Constitution;
    2. Endangering national security, leaking state secrets, subverting state power and undermining national unity;
    3. Damaging national honor and interests;
    4. Inciting ethnic hatred, ethnic discrimination and undermining ethnic unity;
    5. Undermining the national religious policies and promoting cults and feudal superstitions;
    6. Spreading rumors, disrupting the social order and undermining the social stability;
    7. Disseminating obscenity, pornography, gambling, violence, homicide and terror or instigating crimes;
    8. Insulting or slandering others, and infringing on the legal rights and interests of others;
    9. Inciting illegal assembly, association, procession, demonstration and gathering to disturb the social order;
    10. Acting in the name of illegal civil organizations;
    11. Containing other contents prohibited by laws and administrative regulations.
  5. The user is not allowed to create, copy, share and disseminate content that interferes with the normal operation of MIX and infringes on the legitimate rights and interests of other users or third parties with accounts or services of MIX, including but not limited to contents that:
    1. contains any pornographic content or sex implication;
    2. contains abusive, intimidating or threatening content;
    3. contains spam advertisements, harassing, malicious or deceptive information;
    4. involves the privacy, personal information or materials of others;
    5. infringes on legal rights of others such as the right of reputation, portrait right, intellectual property right and trade secrets;
    6. contains insecure information that may contain content including but not limited to links to phishing websites; websites containing Trojan horse viruses or other viruses and relevant contents; contents with potential hazards or theft of user privacy; contents with unapproved external links, QR codes that affect the user experience or being reported by a large number of users.
    7. contains other information that interferes with the normal operation of the service and infringes on the legitimate rights and interests of other users or third parties.
  6. The user shall abide by the laws and regulations applicable in the country/region where he/she is located. MIX is entitled to ban your account temporarily or permanently if you violate the corresponding laws and regulations or the terms of this Agreement in any case, and the user shall compensate all losses suffered by Pinguo Technology from any damage or any dispute, litigation, claim, etc. from third parties.

VI. Intellectual Property

  1. The intellectual property rights of all versions, technologies, programs, materials, interfaces and signs of MIX are owned by Chengdu Pinguo Technology Co., Ltd. or its licensors, and the user only has the right to use within the scope of service without copying, reproducing the service or creating derivative products related to this service without permission. The user is forbidden to conduct reverse engineer against, decompile or disassemble MIX or otherwise identify its original encoding or to perform any act that infringes copyright.
  2. Some of the services and items in MIX (for example: font download) are provided by third parties. You can only use in MIX or share on the Internet the final edited pictures. Without the consent by the third-party service provider(s) of MIX, you shall not use any of the pictures containing third-party services (for example fonts) for any commercial purposes, or authorize any third parties to use them for commercial purposes. In the meantime, MIX does not provide independent service of downloading font packages to local device(s). You cannot use the cracked version or other illegal method to independently access or use the font package. If Pinguo Technology or the third-party service provider discovered the above-mentioned behaviors by you, they shall have the right to temporarily or permanently block your account and ask for compensation against infringement.

VII. Change, Suspension or Termination of the Service

The software and related services provided by MIX are provided based on the current state of the art and conditions. MIX will do its best to provide you with services with continuity and security guaranteed. However, Pinguo Technology has the right to determine the setting and scope of MIX services / functions and modify, interrupt, suspend or terminate the software and related services out of the needs of overall service operation and platform operation security. Pinguo Technology will notify users in advance by means of announcement, system pop-up before changing, suspending or terminating services as far as possible to minimize the impact on users.

VIII. Liability for Breach of Contract

MIX is entitled to make independent judgments according to the law and take technical measures to delete or block related information for any behavior of violating this Agreement identified or reported by others. In the meantime, MIX has the right, based on the nature of the deeds, to take measures including but not limited to suspending or terminating the service against the user and holding the user legally responsible. The user shall be solely liable for and compensate for any loss incurred from his/her breach of this Agreement.

IX. Force Majeure and Other Disclaimers

  1. Business dealings with third-party service providers in any form or participation in promotional activities, including payment and delivery of related goods or services and conclusion of any other relevant term, condition, guarantee or statement conducted by the user attributing to advertising information obtained via the service are complete interactions between the user with third-party service providers, with the corresponding functions and services independently operated by the third party and full responsibility borne independently. Apart from responsibility to be assumed by Pinguo Technology as required by express terms of relevant laws, Pinguo Technology assume no liability for any loss or damage of any nature suffered by the user as a result of any of the foregoing transactions or the aforementioned third-party service providers.
  2. The service is subject to the impact of unstable factors in various sections for the involvement of services such as the Internet and mobile communication, and therefore the service may be affected by force majeure events such as attack by computer viruses or hackers, telecommunications/network failures, GSM network, third-party server failures, government actions, wars, strikes and natural disasters, as well as the risk of service interruption resulted from unstable user terminal systems, user location or shutdown, etc. or failure to meet user requirements, or the risk of service cancellation or termination (any information in this service you store may not be recoverable). The risks shall be taken by users of the service at their own.
  3. Users shall use MIX services based on their full will and thoughts and agree that the risks of using MIX services shall be borne by themselves. For example, the third party may access the information the users have shared, and use, download, forward, modify or interpret those contents. In case that such deeds violate the rights and interests of users, MIX shall not bear any responsibility.
  4. Pinguo Technology shall be exempt from liability for any loss caused to you due to the force majeure and exemptions as mentioned above to the extent permitted by laws and policies. Nevertheless, Pinguo Technology will remedy the abovementioned conditions within the scope of its ability as soon as possible to avoid further expansion of losses.
  5. Under no circumstance will MIX be liable for any indirect, consequential, punitive, accidental, special or penal damages, including the loss of profits caused by your use of MIX software and relevant services.

X. Contact

Please contact us by sending email to the address support@pinguo.us for any question, comment, suggestion or complaint about the content of this policy or our services.

XI. Miscellaneous

  1. The validity, interpretation and dispute settlement of this Agreement shall apply to the laws of the People's Republic of China. Any dispute between the user and Pinguo Technology shall be settled by friendly negotiation first. If the negotiation fails, it shall be handled by the jurisdiction of the court where the registered address of Pinguo Technology is.
  2. Regardless of any clause which becomes invalid or non-executable for whatever cause in this Agreement, the remaining clauses are still valid and binding on both parties.