Terms of Service
Effective as of 2/25/2016
This Terms of Service (hereinafter referred to as the "Terms of Service") is entered into by Chengdu Pinguo Technology Co., Ltd. (hereinafter referred to as "Pinguo") and yourself. Pinguo provides "April" client and cloud album (hereinafter referred to as "April") services in adherence to the relevant rights and rules of these Terms of Service, and has binding legal effect for both Pinguo and yourself.
Terms of Acceptance
This Terms of Service may be updated at any time by Pinguo, without prior notice. If there are changes to the Terms of Service, Pinguo will publish the modified content on its website; once the revised version of the Terms of Service is published on the web, it is immediately effective and replaces the original. If you do not agree with the Terms of Service or any subsequent amendments, you can choose to stop using "April" services; if you choose to continue using "April" services, it is assumed that you fully accepted the Terms of Service and its amendments.
Unless you have signed another agreement with Pinguo, you agree that you shall use these services for personal, non-commercial purposes. At the same time, you commit to not use the service for advertising, sales, commercial displays, etc. or other commercial purposes, without the prior written consent of Pinguo. If Pinguo finds out that you have used the service in the above situations, it has the right to delete your uploaded content, or place a temporary or permanent ban on your album or account; all without notice to you.
Rules of Use
You shall not abuse "April" services. Pinguo hereby calls to your attention that all images, photos and other information uploaded (public uploads or otherwise), browsed, deleted, downloaded or shared, are done so by the users or content providers themselves, including all user registration material or other content (Hereinafter referred to as "Content"); all liability falls upon the users or content providers themselves. You shall promise: to not use the service or Pinguo website for creating, copying, uploading, publishing or spreading information containing any of the following:
1.Opposition to the cardinal principles specified in the constitution;
2.Endangering national security, leaking state secrets, subverting state power or undermining national unity;
3.Harming national honor and interests;
4.Inciting ethnic hatred, ethnic discrimination and undermining national unity;
5.Undermining national religious policy, or promoting cults and superstitions;
6.Spreading rumors, disturbing social order or undermining social stability;
7.Spreading obscenity, pornography, gambling, violence, murder, terror or instigating crimes;
8.Insulting or slandering others, infringing upon the legitimate rights of others;
9.Inciting unlawful assembly, association and demonstrations, or disturbing social order;
10.In the name of any illegal non-governmental organizations or activities;
11.Containing false, harmful, threatening, infringement of privacy, harassment, defamation, vulgar, obscene, or other morally objectionable content.
12.Other content prohibited or restricted by standard Chinese laws and regulations having legal effect.
You must promise that you retain the complete, flawless ownership of all intellectual property that you upload; or that you have been legally authorized by another, who has the complete rights to upload on the "April" platform; and that you do not infringe upon the legitimate rights and interests of any third party when you upload to the website. You may not use the "April" platform to upload/post/transmit in any way, any internal data, confidential information, information involving the private rights of others, or information violating the patents/trademarks/trade secrets/copyrights/other proprietary rights of others. Otherwise, you alone shall bear all the resulting legal and economic responsibilities; Pinguo has the right to seek compensation for any legal responsibilities incurred upon Pinguo due to these actions.
You may not use this service to produce or spread computer viruses and other destructive programs; You may not create interference, confusion, or violations toward the service or the servers and networks hosting said services; including violations of requests, programs, policies or rules. Otherwise, Pinguo retains the right to pursue any legal responsibilities and to submit them to the relevant departments.
You agree to comply with the "General Principles of the People's Republic of China", "Copyright Laws of the People's Republic of China", "The People's Republic of China Laws on Guarding State Secrets", "The Law of the People's Republic of China on Computer Information System Security and Protection Ordinance", "Regulations on the Protection of Computer Software", "The Supreme People's Court on Several Issues concerning the Application of Law in Trials Involving Computer Network Copyright Dispute Cases and Interpretations (Interpretation No. 1 ) ", "Protection Law of Internet Works", "The Internet News Information Service Management Regulations", and other relevant state laws and regulations. Regardless of the circumstance, if you are in violation of state laws and regulations or the Terms of Service; and as a result, Pinguo suffers any damages or suffers from any third party disputes, litigations, claims, etc., you shall compensate Pinguo for any and all losses (including direct loss and indirect loss).
If your use of "April" services does not conform to this agreement, and Pinguo finds out through notices, reports or other channels; it has the right to make an independent judgment and immediately terminate parts or all of the services provided to you; all without prior notice. If you use "April" to spread or disseminate any reactionary, pornographic or other information that is in violation of state laws and regulations, "April" system records may be used to provide evidence of your illegal activities; if you use "April" to upload or spread any of the above illegal violations, and this leads to any damages, losses, or claims sought by third parties, you shall bear any and all responsibilities.
Pinguo retains the right to monitor your use of "April"; if it is found through notices, reports or other channels, that you have used "April" services in violation of these Terms of Service, Pinguo retains the right to ask you to make the necessary corrections, or take measures deemed necessary by Pinguo (including but not limited to changing or deleting content you uploaded, suspending or terminating your use of the service) in order to mitigate the effects caused by your improper conduct.
Public Area Content Licensing
You agree that the rights to the photos and texts that you share within the service's public area (public area refers to the area that general users can use) are given to Pinguo globally, free of charge, license free, non-exclusive, permanent, and can be transferred completely. Pinguo may display, spread or advertise posts in the aforementioned content, and has the right to use, copy, modify, adapt, publish, translate, and create derivative works according to Internet value-added services or telecom value-added services for this content.
Service Risk and Disclaimer
- "April" is completely free; Pinguo does not take responsibility for any lost photos or damaged files. "Ghost" effect and "2012" effect, or parts of the effect, are fake; they are for entertainment purposes only; Pinguo takes no responsibility for any misunderstandings caused by these photo effects.
You fully understand and agree that the service is related to the Internet and mobile communication services; and therefore may be influenced by unstable factors from any of these aspects. Due to the above unavoidable reasons, any causes of interruption of services, unsatisfactory risks, service cancellations, or service termination risks, due to computer viruses, hacker attacks, unstable systems, your location, shutdowns, GSM networks, the Internet or lines of communication; you, the user of the service, bears full responsibility of said risks; Pinguo does not guarantee timeliness, safety or accuracy of the service. Therefore, if you cannot send, receive or read messages, or if you have transmission errors, experience a failure of personal settings, lose saved information, or other issues; Pinguo does not bear any responsibility. For loss of data, damage of data or service termination due to unavoidable situations or reasons where Pinguo is not at fault; Pinguo bears no responsibility.
- For system failures that affect normal operation of services, Pinguo promises to resolve and repair these issues in a timely fashion, once the problem has been found. However, Pinguo assumes no responsibility for any economic or emotional losses incurred. In addition, Pinguo retains the right to suspend part or all of the service, in order to provide maintenance, updates or other reasons, without prior notice.
- Pinguo solemnly draws your attention that any content uploaded or transmitted using the service, whether publicly or privately transmitted; the content provider shall bear all responsibility. Pinguo cannot control content transmitted through the service, nor can it control your behavior while using the service; therefore, there is no guarantee of content validity, correctness, integrity, authenticity or quality. While using the service, you might encounter content that is unpleasant, discomforting or offensive; knowing this, you shall agree to assume your own judgment on these risks and not rely on Pinguo. However, Pinguo retains the right to lawfully suspend transmission of information for any of the above content, regardless of circumstance, and take the appropriate actions; including but not limited to suspending your use of the service in whole or in part, keeping relevant records, and reporting them to the relevant authorities. Pinguo is entitled to (but not obligated), in accordance with its own considerations, to refuse and delete any content used through its services that are in violation of the Terms of Service, or anything deemed offensive by yourself or Pinguo.
You fully understand and agree that if any third parties, without your knowledge or without your authorization, uploads your pictures or works to "April"; Pinguo is not liable for any infringement of rights and interests to you or any other parties.
You fully understand and agree that any third party can obtain "April" relevant information on the Pinguo website, and use, modify, deduce, download or forward, etc. this information. Pinguo is not liable for any infringement of rights and interests to you or any other parties, for any actions taken by you or third parties that use, modify, deduce, download or forward, etc. this information.
You completely understand and agree that you may receive advertising information through the service, and may enter into business dealings with these advertisers; or that you may participate in promotional events, including the payment and delivery of related goods or services, as well as enter into any other terms, conditions, warranties or statements between you and the advertiser. All of these actions are completely between you and the advertisers. Unless otherwise legally specified, Pinguo bears no responsibility for any of the aforementioned interactions between you and the advertisers; including any losses or damages incurred in any way.
Pinguo retains the right, according to service requirements and at least 3 days in advance, to inform you of a freeze or recovery of your album account.
Pinguo reserves the right to suspend or terminate any services provided to you without prior notice, in the occurrence of any of the following circumstances:
1.The personal information you have provided is not true;
2.You are in violation of the provisions of the Terms of Service;
3.You registered account and corresponding domain name is idle for a long period of time;
4.Pinguo has found malicious content associated with your registered album account; or Pinguo has received reports or complaints from third parties, along with the relevant corresponding evidence;
5.Other special cases that Pinguo deems are in line with overall service requirements.
Content, Logo and Software Rights
Content includes all "April" special effect names, sounds, pictures, information within emails, and all advertisement content. Logo includes "Pinguo", "April", and other related graphic logos; all content and logos are protected and subject to all copyright, trademark and patent laws. Therefore, you may only use this content after obtaining authorization from Pinguo; and may not reproduce, re-create, or create content related derivative products while using this content.
Any software (including but not limited to software containing images, photographs, animations, video, audio, music, text, add-ons, or accompanying help materials) rights and copyrights used for services provided by "April" belong to the owner of the software; without consent from the owner, you may not use the software to reverse engineer, decompile, disassemble, or find out the original code by any other means, or implement any suspected acts of infringement of copyright.
Templates from "Scenic Camera" are obtained from the Internet. If this is related to any copyright issues, please contact us and we will delete them.
Notice of Rights
"April" respects the legitimate intellectual property rights and interests of others; Pinguo asks that you should also respect the legitimate intellectual property rights and interests of others. If you think your copyright/information network transmission rights have been violated, please send a rights notice to Pinguo in accordance with the following instructions. Pinguo will take measures, according to Chinese laws and regulations and governmental regulatory documents, to remove or disconnect the accused works or controlled work links. Main requirements of the notice are:
1.The work's intellectual property owner/copyright owner and/or person who is authorized to exercise the legitimate rights of the intellectual property/others who have legal rights to the works;
2.Content you published or linked via "April" has violated the above intellectual property/legitimate rights.
Specific notification steps and methods are as follows:
The above individual or unit must submit in writing (by fax or mail) to Pinguo with the Notice of Rights (Unless already agreed upon with Pinguo, please do not use email to submit the notice). Please note: If anything within the Notice of Rights is untrue, the individual or unit submitting the notice shall bear full legal responsibility (including but not limited to compensation costs and attorney's fees). If the individual or unit cannot determine whether or not the online material infringes upon the intellectual property rights or other lawful rights and interests; Pinguo recommends that the individual or unit consult with professionals first. In order for Pinguo to effectively deal with the Notice of Rights from the above individuals or units, please use the following format (including each provision's section numbers):
1.Please provide detailed contact information, including name, identity card or passport copy (for natural persons), business license and other qualification copies (for businesses), address, telephone number, fax and e-mail.
2.Please clearly and accurately indicate the name of the allegedly infringing works and their web addresses.
3.Please provide preliminary proof of the infringement; here are suggestions for what may constitute as materials for preliminary proof: having proof of ownership of the allegedly infringing work's intellectual property/legitimate rights and interests and/or authorization to exercise the intellectual property rights/legitimate rights and interests; having facts and proof of suspected infringement of works.
Please add the following statement of content authenticity on the Notice of Rights: "I swear that the information within the notice is sufficient, true and accurate; if the contents within this Notice of Rights is not entirely true, I shall bear all resulting legal responsibilities."
Please sign the document; if you are a lawfully established institution or organization, please also apply your company stamp.
Please send the above material and method of contact, by way of express mail or registered mail, in written form to the following address:
Sichuan, Chengdu Province, Tianfu Software Park E3 -13
Postal Code: 610000
Applicable law and jurisdiction of dispute
The effectiveness of these Terms of Service and its interpretation are applicable to the laws of the People's Republic of China. If any parts of the Terms of Service are in conflict with the laws of the People's Republic of China, those parts of the Terms of Service should be re-explained in accordance with the provisions of the law; those parts of the Terms of Service that are invalid or open to re-interpretation do not affect the validity of the other provisions of the Terms of Service.
You and Pinguo both agree to settle any disputes related to the service through friendly negotiations; if these negotiations should fail, any party may submit the litigation to the local court where Pinguo is located.
Pinguo retains the power of final interpretation of the Terms of Service agreement