User Agreement
This “User Agreement”
(hereinafter referred to as the “Agreement”) is made between you [or referred to
as the “User”, meaning the individual(s) or organization(s), who registers, logs
in and uses “OnePlus Camera” services provided by OnePlus (meaning
OnePlus Technology (Shenzhen) Co., Ltd.) and its
affiliates
(hereinafter referred to as the “Company”)] and OnePlus in respect of your
registration, log-in and use of “OnePlus Camera” service.
I.
Kindly Reminder
1.1
Hereby OnePlus
reminds you to carefully read and
thoroughly understand all the terms and conditions in this Agreement and choose
to accept or not to accept THIS AGREEMENT (the juveniles shall read it
accompanied by their guardians) after prudent reading. You will have no right to
register, log in or use the relevant services under this Agreement unless you
have accepted all the terms and conditions of this Agreement, and your
registration, login and use shall be deemed as an acceptance of this Agreement.
II.
Service Description
2.1
The “Services” under
this Agreement refer to the functions and services provided by “OnePlus Camera”.
2.2
You acknowledge and
agree that:
2.2.1
Due to the needs of
business development, OnePlus shall have the right to modify, suspend, restrict,
terminate or cancel all or part of the Service contents under this Agreement.
2.2.2
The Services provided
by OnePlus may have included ads, information push and other contents and you
agree to have the ads, information push and other contents provided by OnePlus,
its affiliates, suppliers and cooperative partners demonstrated in your use.
III.
Rules to Users
3.1
You may use “OnePlus
Camera” without registered account, however, if you want to experience more
functions of “OnePlus Camera”, you shall register an account and provide your
relevant personal information. You can stop using your account at any time and
OnePlus will retain or deactivate your account in accordance with this
Agreement. Before you register an account, you shall promise and guarantee that:
3.1.1
You shall take sole
responsibilities for the authenticity, legitimacy and validity of your
registration information and you shall not personate as others or use other’s
name to release any information or maliciously use the account to mislead
others, otherwise, OnePlus shall have the right to stop providing you Services
immediately and you shall take sole legal responsibility caused thereof.
3.1.2
Your use of the
products, procedures and Services of OnePlus shall abide by the laws and you
shall be responsible for all actions upon your registered account. OnePlus will
not be liable to any loss or damage caused by your actions.
3.1.3
You shall keep your
login information confidential, avoid acquiring and using from others and inform
OnePlus immediately of any law-violating, unauthorized or suspected as
unauthorized actions, otherwise, OnePlus will not be liable to any losses caused
by your failure to obey the above-mentioned requirements.
3.1.4
You can upload or
release any contents available to the public through the Service of “OnePlus
Camera” and you shall guarantee that you obtained copyright or the corresponding
authorization to the works. You shall be solely responsible for any claim or
lawsuit from the third party arising from violation of the above-mentioned
requirements.
3.1.5
Your use of your user
contents in “OnePlus Camera” through uploading, release or other methods shall
be deemed as your automatic authorization and you warranty that you have the
right to authorize us with the irrevocable, transferable, non-exclusive and
royalty-free global license. The above-mentioned license may permit
“OnePlus Camera” to duplicate,
publish, publicly display, show and produce derivatives or to add it to other
works only for the purposes of providing or improving the Services.
IV.
Privacy Policy
4.1
You acknowledge that
OnePlus will take your privacy seriously and will make every effort to take
effective measures to protect your privacy. Without your authorization, “OnePlus
Camera” will not make public, access, edit or disclose your personal information
and all the non-public contents provided by yourself on your own discretion.
4.2
Server Locations:
OnePlus is
headquartered in China, and it hosts its servers in the United States, European
Union and related countries. The information collected by OnePlus will be stored
and transmitted to the Server hosted in your local country, United States,
European Union or other competent country according to the applicable laws and
regulations.
4.3
Information OnePlus
may collect:
4.3.1
The information you
voluntarily submit to the Service when you register for an account, such as your
name and email address.
4.3.2
The information you
provided to the Service voluntarily when using “OnePlus Camera”.
4.3.3
Log information,
namely the technical information the Service may automatically collect through
cookies, web beacon or other methods when you use OnePlus Services.
4.3.4
Location information,
namely the information related to your position collected by OnePlus when you
start the location function and use the relevant Services based on location
provided by OnePlus. You can close the location function and stop collection of
the information about your geographic position by OnePlus.
4.4
Information usage by
OnePlus
4.4.1
Provide the Service.
Such information may be used for identity authentication, customer service,
security protection, fraud monitoring, archive and backup to guarantee the
security of the Services provided by OnePlus.
4.4.2
Improve the service.
Such information may be used internally to improve the Services and deepen your
understanding in how to access and use the Services of OnePlus so as to meet
your customized requirements, such as language setting, position setting,
customized help Service and instructions.
4.5
Information security
4.5.1
OnePlus will only
store your personal information during the necessary period for the purpose
mentioned in this Agreement and the time limit stipulated by the laws and
regulations.
4.5.2
OnePlus uses various
security techniques and procedures to prevent the loss, improper use,
unauthorized reading or disclosure of the information. Notwithstanding, please
understand that even the enhanced security measures will not be able to
guarantee 100% security of the information in the internet industry due to
technical restrictions and various possible malicious means. You also need to
understand that such threats or problems may occur in the system and
communication network due to some factors beyond the control of OnePlus.
4.5.3
Once OnePlus realizes
that the information it collected and stored has been threatened or disclosed
wrongly due to external actions, including but not limited to external security
attack, OnePlus will take rational and appropriate measures, including but not
limited to internal investigation, reporting and notifying the enforcement
institutions or cooperating with the enforcement institutions regardless of any
other disclaimer clause in this Agreement.
4.6
Juvenile Information
4.6.1
OnePlus demands that
the juveniles can only use the products or Services of OnePlus under the
permission and instructions of their statutory guardians.
4.6.2
If you are a
juvenile, you shall make sure that you have got the permission of your statutory
guardian before providing your personal information.
V.
Disclaimer Clause
5.1
Please acknowledge
that OnePlus shall not shoulder any legal responsibility in case of any of the
following circumstances:
5.1.1
The provision of your
personal information in accordance with the laws and regulations or the
requirements of relevant governmental departments,
5.1.2
The disclosure of any
personal information due to your misuse or other personal reasons,
5.1.3
failure to meet your
requirements such as Service interruption and blockage caused by hacker attack,
computer viruses, blockage of illegal and harassing information as well as any
other network, technology, communication line and information security
management measures,
5.1.4
any loss incurred to
you caused by the communicate line failures, technical problems, network,
computer failures, system instability of the third party such as the operators
and other force majeure,
5.1.5
In any circumstance,
OnePlus will not shoulder any responsibility for any indirect, consequential,
punitive, contingent, particular and penal losses, including the profit losses
caused by the use of OnePlus Services.
VI.
Intellectual Property
Protection
6.1
Intellectual Property
Statement
6.1.1
“OnePlus Camera” is
the software developed or owned by OnePlus and all the relevant intellectual
property and information contained in “OnePlus Camera” are owned by or legally
authorized to OnePlus, which include but not limited to all the intellectual
property such as copyright, trademark right, patent right and trade secrets as
well as all the information contents related to “OnePlus Camera”.
6.1.2
Without the written
permission of OnePlus, you shall not arbitrarily implement, use, transfer or
license any third party to implement, use and transfer the above-mentioned
intellectual property for any profit or non-profit purposes and OnePlus reserves
the right to hold you responsible for the above-mentioned unauthorized actions.
6.2
Software license
6.2.1
OnePlus hereby grants
you the non-exclusive and non-transferable limited license to use “OnePlus
Camera” and the relevant contents.
6.2.2
Without the written
consent of OnePlus, you shall not engage in the modification, translation,
reverse engineering, decompilation or creation of derivatives of “OnePlus
Camera”, and shall not rent, transfer, sub-license or assign through other
methods any rights of “OnePlus Camera”, and shall not add other software to or
merge other software with “OnePlus Camera”, and shall not install “OnePlus
Camera” in any other terminal devices without express permission of OnePlus and
shall not use “OnePlus Camera” for any commercial uses. In case of any of the
above-mentioned prohibited actions, OnePlus has the right to terminate the
above-mentioned license immediately.
6.2.3
Reservation of right:
all other rights without express authorization are owned by OnePlus.
VII.
Contact Information
Address: Floor 18,
Block C, Tairan Building, Che Gong Miao, Futian District, Shenzhen, China
Zip Code: 518040
Tel: 0755-61882366
Email: user@oneplus.cn