Terms and Conditions of Service
These Terms and Conditions of Service (these“Terms”) set forth the terms between Gexiang Technology Co.,Ltd (the “Company”or Gexiang Technology) and the users (“Users”) of any services or features provided under the name of Ufoto (the “Service”) , which is provided by the Company.
“App”means the application software designed for smartphones and/or tablet computers which is provided by the Company for the Service.
2. Consent to these Terms
- (1) Users shall consent to these Terms and use the Service in accordance with these Terms.
- (2) Minors may use the Service only by obtaining consent from their legal guardian, such as a parent.
- (3) Any matters not stipulated in these Terms are subject to the Gexiang Technology Terms and Conditions of Use.
3.Retention of Rights
All rights in regard to the App and the Service (including, without limitation, intellectual property rights such as copyrights, trademark rights, patent rights, etc.) shall be retained by the Company or the third party licensors of such rights.
4. Provision of the Service
- (1) The Company shall grant Users the right to use the Service insofar as Users use the Service in accordance with these Terms and other conditions described in the Service. Users cannot assign or lease such right to use the Service to third parties.
- (2) The usage history and use rights with respect to the Service will no longer be available when the App is deleted from the smartphones or tablet computers, and the Users will not be able to transfer the usage history and use rights with respect to the Service to another terminal.
- (3) The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.
- (4) The Company reserves the right to modify, cease, or terminate, at the Company's own discretion, the whole or part of the Service at any time, as it determines to be necessary, without any prior notice to Users.
- (1) The Company places the highest priority on the privacy of Users. The Company exercises the utmost care and attention regarding its security measures for the continued security of any and all information collected from Users.
6. Other Services
- (1) The Services may include or be linked to other services and/or Contents offered by the Company. Such services and/or Contents may be governed by other terms and conditions, which are set forth by the Company.
- (2) The Services may include or be linked to services and/or Contents offered by business partners cooperating with the Company. The Company will not be responsible for such services and/or Contents. Furthermore, such services and/or Contents may be governed by their own terms and conditions, which are set forth by the respective business partners.
7. Prohibited Acts
Users shall not engage in any of the following acts when using the Service:
- (1) Acts that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding;
- (2) Acts that may hinder the public order or customs;
- (3) Acts that infringe intellectual property rights, such as copyrights, trademark, patent, fame, privacy, portrait and all other rights of the Company and/or a third party granted by law or contract;
- (4) Acts of posting or transmitting overly violent or explicit sexual expressions; expressions that lead to discrimination with respect to race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others;
- (5) Acts that may lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information;
- (6) Acts of using the Service for (i) the purpose of harassment or libelous attacks against other Users; (ii) the purpose of meeting an unknown person of the opposite sex for sexual encounters; or (iii) purposes other than the Service's intended use;
- (7) Acts that benefit or are in collaboration with anti-social groups;
- (8) Acts that illegally or improperly lead to the collection, disclosure, or provision of personal information, registered information, user history, or the like of others;
- (9) Acts that interfere with the servers and/or network systems of the Service, that abuse the Service by means of BOTs, cheat tools, or other technical measures, or that deliberately make use of defects in the Service;
- (10) Acts of making unreasonable inquiries to the Company such as repeatedly asking the same question beyond what is necessary, making undue claims against the Company, or otherwise interfering with or posing issues for the Company's operation of the Service or Users’use of the Service;
- (11) Acts that aid or encourage any activity stated in Items (1) to (10) above or Other acts that are deemed by the Company to be inappropriate.
8. User Responsibility
- (1) Users shall use this Service at their own risk, and shall bear all responsibility for any action carried out and the results upon the use of this Service. It is Users’ responsibility to store or back-up their photographs, or movies taken by using the Service. In addition, the Company does not guarantee that the photographs or movies taken by using the Service will be properly stored in Users’ smartphones or tablet computers.
- (2) The Company may take measures that it considers necessary and appropriate, such as terminating or suspending all or part of the rights to use the Service itself, or any other measures, without the need to provide any prior notice to Users, if the Company acknowledges that a User is using the Service in a way which violates these Terms; provided, however, that the Company shall not be responsible for correcting or preventing such violation by Users.
- (3) In the case where the Company suffers loss/damage (including, without limitation, attorney’s fees) directly or indirectly due to a User’s use of the Service (including, without limitation, claims raised by third parties against the Company due to such User’s use of the Service), such User shall immediately compensate the Company upon its request.
- (1) The Company does not expressly or impliedly guarantee that the Service is free from de facto or legal flaws (including, without limitation, stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringement of rights). The Company shall not be responsible for providing the Service to Users free of such defects.
- (2) The Company shall not be responsible for any damage inflicted upon Users in relation to the use of the Service.
- (3) Even in case of the condition stated in item (2) above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including, without limitation, such damages that the Company or Users have predicted or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damage in respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of fees for the Service received from the User in the particular calendar month in which the Company’s contractual default or act of tort occurred.
10. Modification of these Terms
The Company may modify these Terms when the Company deems it necessary, without providing prior notice to Users. The modification will become effective once the modified Terms are posted on the Service. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms by continuing to use the Service. Since the Company is not responsible for providing separate notifications on the contents of such modification, Users shall refer to these Terms on a regular basis when using the Service.