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