Date of Publication: September 17th , 2018
This Agreement is a legal agreement between you (hereinafter referred to as “You” or “Your”) and HUNDRED YEARS LIMITED (hereinafter referred to as “HUNDRED YEARS”, “we”, ”us” or ”our”) regarding your downloading, installation and use of HUNDRED YEARS’s OPixels mobile software (hereinafter referred to as “OPixels” or the “App”) and related services.
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO OPixels IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. HUNDRED YEARS has the right to modify the terms of this Agreement from time to time at our sole discretion. You can check the modified version of this Agreement from OPixels. You understand and agree that if you continuously use OPixels after the date on which these terms have changed, HUNDRED YEARS will treat your use as acceptance and compliance with the updated terms.
1 INTELLECTUAL PROPERTY POLICY
1.1 OPixels is developed by HUNDRED YEARS independently. You acknowledge and agree that HUNDRED YEARS retains all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests in the App and any wallpapers in the App (“Our Wallpaper”). OPixels and the related information including but not limited to written expression and combination, 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 (hereinafter referred to as “PRC”) and relevant international agreements and other intellectual property laws and regulations.
1.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interests of HUNDRED YEARS and the App (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). HUNDRED YEARS reserves the right to charge the tort liabilities.
1.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of OPixels, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. HUNDRED YEARS reserves the right to charge the tort liabilities, unless you have been granted by HUNDRED YEARS, in writing.
2 SCOPE OF LICENSE
2.1 HUNDRED YEARS gives you non-exclusive, non-assignable license to download, install and use OPixels. In no way can the users use it for commercial purpose.
2.2 You may not use OPixels in a way that may lead to damage, suspension, overloading or quality reduction to OPixels (or server and internet connected to OPixels), or in the way that may affect the product and services provided to any other users.
2.3 You promise not to copy, grant a sub-license, share or sell OPixels or related service to any others. You are fully responsible for any fees created by or rising from using the App.
2.4 We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to use and download Our Wallpaper, without the right to sublicense, under the following conditions:
2.4.1 you shall not to use, sell, modify, or distribute Our Wallpaper except as permitted by the functionality of the App;
2.4.2 you shall not to use our name in metatags, keywords and/or hidden text;
2.4.3 you shall not to create derivative works from Our Wallpaper or commercially exploit Our Wallpaper, in whole or in part, in any way; and
2.4.4 you shall use Our Wallpaper for lawful purposes only.
2.5 You have precisely read and agree to the agreement and statements published by HUNDRED YEARS.HUNDRED YEARS reserves all rights not expressly granted to you.
3 NOTICE TO END USERS
3.1 OPixels will create a series of user interfaces (hereinafter referred to as "OPixels UI", including but not limited to ‘OPixels home page’, ‘OPixels category page’, ‘OPixels subscription page’, ’OPixelss more page’ etc.), which will sit in the OPixels iOS system application itself. They provide capability to a user for better customizing their mobile phone through the internal resources in OPixelss.
3.2 You agree to use OPixels in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under applicable national laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to OPixels and any third-parties) of any such breach. You have no right to conduct following behaviors (including but not limited to):
3.2.1 Delete copyright information, content on OPixels or other copies;
3.2.2 Reverse engineer, decompile or extract the source code of OPixels;
3.2.3 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 OPixels system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage OPixels system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package;
3.2.4 Sell, rent, loan, deliver, transfer or sub-license OPixels and services, or related links, or benefit from using OPixels and the services, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain;
3.2.5 Use OPixels and other services provided by HUNDRED YEARS in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement; or
3.2.6 HUNDRED YEARS reserves the right to terminate, fully or partially suspend, limit functional features of user’s account, without prior notice, if the user has breached under the terms of this Agreement.
3.3 HUNDRED YEARS does not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of OPixels.
4 PRIVACY POLICY
Use of OPixels is also governed by HUNDRED YEARS's Privacy Policy, which is incorporated herein by reference. Your privacy 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 LIMITATIONS OF LIABILITIES AND DISCLAIMER
5.1 You acknowledge and agree that OPixels and related 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 HUNDRED YEARS be liable for any risks stated above.
5.2 HUNDRED YEARS is 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, HUNDRED YEARS reserves the right to amend or terminate services without prior notice to users at any time, and HUNDRED YEARS is not liable for users and any other third-parties when executing this right.
5.4 OPixels which is not officially released or authorized by HUNDRED YEARS and the derivative works of OPixels are illegal. User’s downloading, installation, and using this software may lead to unexpected risk. HUNDRED YEARS is not liable for any legal liabilities, issues arising from it.
5.5 You agree to the most extent under applicable law, HUNDRED YEARS owns other disclaimer rights not listed in this agreement.
6 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 this Agreement 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.
7 TERMINATION
7.1 You have the right to fully and permanently remove OPixels from your mobile device at any time and terminate this Agreement.
7.2 Unless HUNDRED YEARS unilaterally terminates this Agreement or you terminate this Agreement as above, this Agreement and the terms (including the updated agreement following) will remain effective.
7.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. HUNDRED YEARS and any other third-parties have on need to send your additional notice.
7.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
8 OTHERS
8.1 You agree that if HUNDRED YEARS does not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of HUNDRED YEARS’s rights and HUNDRED YEARS has the right to continuously exercise or enforce the right or regulation.
8.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
8.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
8.4 The validity and interpretation of this Agreement is applicable to laws of the People’s Republic of China. If any provision in this Agreement 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 HUNDRED YEARS and users agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit the issues to Guangzhou Arbitration Commission in accordance with its then current Arbitration Rules.
8.5 HUNDRED YEARS reserves the final interpretation right on this Agreement.
8.6 We use third-party advertising companies to serve ads when you visit our App. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites or App in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp.
8.7 OPixels does not directly target any juvenile users. If you are a juvenile user and decide to use OPixels any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the OPixels 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 this Agreement and other related legal documents in order to guide you to use the OPixels in a correct way.