Terms of Use

Last Updated: 2019/10/18


These Terms of Use (these “Terms”) are between you (“you”), as either an individual or as a business entity, and Miniscape Technology Limited(“Company,” “we,” “us,” or “our”) governing your use of our mobile application (the “App”) made available for download by the Company, and any related services, aspects, functions, software platforms and derivatives of our service (collectively, the “Service”). In consideration for your use of the Service, you agree as follows:

1. Scope of License

1.1 We grant you a temporarily, non-exclusive, limited, personal, non-transferable, revocable license to use and download the App, without the right to sublicense, under the following conditions:
1.1.1 you shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way;
1.1.2 you shall use the App for lawful purposes only;
1.1.3 you shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App; and
1.1.4 you shall not conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account;enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test the App system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the App system normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.
1.2 You may not use the App in a way that may lead to damage, suspension, overloading or quality reduction to the App (or server and internet connected to the App), or in the way that may affect the Services provided.
1.3 You promise not to copy, grant a sub-license, share or sell the App or the Service to any others. You are fully responsible for any fees and expense arising therefrom.
1.4 We reserve all rights not expressly granted to you. And this license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.

2. Service

2.1 We hereby grants you permission to access and use the Service as set forth in these Terms, provided that:
A. You agree not to alter or modify any part of the Service, nor delete copyright information, content on the App.
B. You agree not to access the Service through any technology or means other than the functions provided by the App itself.
C. You agree not to use the Service for any of the following commercial uses unless you obtain our prior written approval:
· the sale of access to the Service; or
· the sale of advertising, sponsorships, or promotions placed on or within the Service.
D. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers”, that accesses the Service in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
E. You agree not to use the Services provided by us in any illegal ways, for any illegal purposes, or in any other ways conflicting with these Terms.
F. You agree not to collect or harvest any personally identifiable information, including account names, from the Service. You agree not to solicit, for commercial purposes, any users of the Service with respect to their content.

3. Intellectual Property

3.1 The App is developed by us independently. You acknowledge and agree that we retain all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests with regard to this Software. The Software and the related information including but not limited to written expression and combination, music, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People’s Republic of China and relevant international agreements and other intellectual property laws and regulations.
3.2 Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and we reserve the right to undertake appropriate steps against copyright offenders.
3.3 Your use of the Service is conditioned upon your agreement not to use the Service to infringe the intellectual property rights of others in any way. We may terminate its engagement with any user who is suspected of infringing the copyrights, or other intellectual property rights, of others, or may, at our sole discretion, take other actions against such users. In addition, it is our policy, in appropriate circumstances, at our discretion and in accordance with applicable laws, to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

4. Privacy and Personal Information

Use of the App is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy and personal information is important to us. We designed the Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read this Privacy Policy carefully and use it to make informed decisions.

5. Limitation of Liability and Disclaimer

5.1 You acknowledge and agree that the App and the Services may have potential risks like service interruption, failure to respond to users’requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
5.2 We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
5.3 In view of business development and adjustment, we reserve the right to amend or terminate the Services without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
5.4 The Services which is not officially released or authorized by us and the derivative works of us are illegal. User’s downloading, installation, and using this software may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
5.5 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.

6. Content

6.1 As the App user you may submit graphics, photos and any other materials (collectively “Content”). You understand that, whether or not the Content is published, we do not guarantee any confidentiality with respect to such Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and are not responsible for any loss of the Content.
6.2 You retain all of your ownership rights in your Content submitted, however, by uploading, posting or otherwise transmitting your Content on or to the App, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Content. You also permit other users to access, display, view, store and reproduce such Content for personal use under these terms of this Agreement.
6.3 When you provide your Content to the App, you understand and accept complete responsibility for your Content, including any consequences that may arise. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content. As such, you represent and warrant that you own or have (and will continue to have during your use of the App) been granted all necessary licenses, rights, consents and permissions for such Content.
6.4 You agree that your conduct through the App will comply with (and you agree that all of your Content shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to your Content; (b) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and (c) your Content will not: (i) facilitate or promote illegal activity, or contain content that is illegal; (ii) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colour, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit content; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assignees from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in this Agreement.
6.5 You agree that you will not post or upload any Content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service.
6.6 You agree that the Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled.
6.7 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such Content complies with the content requirements set out in this Agreement, and may remove such Content and/or terminate a user's access for uploading such Content, at any time, without prior notice and at our sole discretion.

7. Indemnification

You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of these Terms and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.

8. Modifications

We may revise these terms of use for the App at any time without notice. By using the App you are agreeing to be bound by the then current version of these Term.

9. Use by Juveniles

The App does not directly target any juvenile users. If you are a juvenile user and decide to use the App any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the App under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of these Terms and other related legal documents in order to guide you to use the App in a correct way.

10. Update,Discontinuation, Suspension and Termination of the App

10.1 You have the right to stop using the App at any time.
10.2 The App may be updated from time to time. You may at your own discretion decide whether to accept the updates or not. We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.
10.3 We reserve the rights to amend, interrupt, suspend or terminate to provide the App based on the actual situation at any time, which includes but not limited to the memory space obtainable to a single user, the nature and quantity of the contents uploaded and other data or the ability of the users on continuously accessing the App and services, etc. We will make reasonable effort to notify you.
10.4 You agree that we may, without prior notice, suspend or terminate the Services related to the App if:
a) you are in breach of these Terms;
b) we do so subject to the applicable law or requirements of competent authority; or
c) other condition upon which we need to do so.
10.5 Upon termination of the Service, we, subject to the applicable law and regulation, reserve the right to completely delete all information of you, and we shall no longer undertake obligations to you.

11. Severability

If any provision of these Terms is held to be illegal or unenforceable by any court or arbitral institution, the other provisions shall survive and continue to be binding.

12. Others

12.1 You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.
12.2 Without written authorization from other side, user may not assign or transfer the rights granted by the terms of this Agreement, or assign the designated responsibilities and obligations to others.
12.3 The validity and interpretation of these Terms is applicable to laws of the People’s Republic of China(“PRC”). If any provision in these Terms conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both we and users agree to resolve the issues arising from these Terms through consultation. If consultation fails, either side can submit the issues to arbitration in accordance with this clause, then any such dispute will be finally and exclusively settled by the China International Economic and Trade Arbitration Commission (CIETAC) South China Sub-Commission for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. 12.4We reserves the final interpretation right on these Terms.

13.Contacting Us

If you have any questions about these Terms, please contact us: miniscapetec@gmail.com.