Date of Publication: 2019/01/10
This End User License Agreement (the “Agreement”) is a legal agreement between you (hereinafter referred to as “you” or “your”) and MISSU LIMITED (hereinafter referred to as “we”, ”us” or ”our”) regarding your downloading, installation and use of our OPixels mobile software(hereinafter referred to as “OPixels” or the “App”) and related services(hereinafter referred to as the “Service”).
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO OPIXELS IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. We have 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, We will treat your continuous use as acceptance of the updated terms.
1 INTELLECTUAL PROPERTY POLICY
1.1 OPixels 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 in the App and any wallpapers in the App (the “Wallpaper”). OPixels, the Wallpaper 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 us and the App (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). We reserve 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. We reserve the right to charge you the liabilities for tort, unless you have been granted by us, in writing.
2 ACCOUNT
2.1 Before you use the App, you will need to register for an account ("Account"). In order to create an Account, you must:
2.1.1 be at least 16 years old or reach the statutory minimum age according to the law and regulation in your home country; and
2.2.2 be legally permitted to use the App by the laws of your home country.
2.2 We cannot allow you to use another person's Account without permission. We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce this Agreement (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
2.3 You may not access, tamper with, or use non-public areas of the App. Certain portions of the App may not be accessible if you have not registered for an Account.
3 CONTENT
3.1 As the App user you may submit graphics, photos, wallpaper 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 is not responsible for any loss of the Content.
3.2 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.
3.3 When you provide your Content to OPixels, 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 .
3.4 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.
3.5 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.
3.6 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.
3.7 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.
4 SCOPE OF LICENSE
4.1 Subject to the terms and conditions of this Agreement, we give you non-exclusive, non-assignable license to download, install and use OPixels. In no way can the users use it for commercial purpose.
4.2 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 App and the Services provided to any other users.
4.3 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.
4.4 Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, limited, personal, non-transferable, revocable license to use and download the Wallpaper, without the right to sublicense, under the following conditions:
4.4.1 you shall not use, sell, modify, or distribute the Wallpaper except as permitted by the functionality of the App;
4.4.2 you shall not use our name in metatags, keywords and/or hidden text;
4.4.3 you shall not create derivative works from the Wallpaper or commercially exploit the Wallpaper, in whole or in part, in any way; and
4.4.4 you shall use the Wallpaper for lawful purposes only.
4.5 You have precisely read and agree to the agreement and statements published by us. We reserve all rights not expressly granted to you.
5 NOTICE TO END USERS
5.1 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’, ’OPixels 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 OPixels.
5.2 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):
5.2.1 Delete copyright information, content on OPixels or other copies;
5.2.2 Reverse engineer, decompile or extract the source code of OPixels;
5.2.3 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;
5.2.4 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 Agreement, regardless of whether the use above brings direct economic gain or pecuniary gain;
5.2.5 Use OPixels and Services provided by us in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement; or
We reserve the right to terminate, fully or partially suspend, limit functional features of user’s account, without prior notice, if the user has breachedany terms of this Agreement.
5.3 We do 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.
6 PAID SERVICES
6.1 Some of the Services (e.g. updated or paid wallpaper, free of advertisements) provided by the App will need to be paid for use, but we will provide a free trial version for user. You may choose our weekly package, monthly package or annual package for the paid services. Once the fees are duly paid in full, you will acquire the paid services within the subscription period. For paid services, we will obtain your consent before collection of payment. In the future, the App may comprise further paid services. If you already subscribed the paid services during the period the further paid services is updated, you will be able to use the further paid services during the subscription period without extra charge, provided that: 1) no extra charge is required by us; 2) you update the App as may be required to use the further paid services.
6.2 For any paid services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Apple Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement whether with Apple, Google or a third party, that governs your use of a given payment processing method.
6.3 We could modify about our payment policy according to practical needs. Some free services may become paid services in the future. If the fee is not paid on time and in full, you will no longer be able to use the paid services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.
7 PRIVACY POLICY
Use of OPixels is also governed by our 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.
8 LIMITATIONS OF LIABILITIES AND DISCLAIMER
8.1 You acknowledge and agree that OPixels 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.
8.2 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.
8.3 In view of business development and adjustment, we reserve the right to amend or terminate 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.
8.4 OPixels which is not officially released or authorized by us and the derivative works of OPixels 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.
8.5 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
9 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.
10 TERMINATION
10.1 You have the right to fully and permanently remove OPixels from your mobile device at any time and terminate this Agreement.
10.2 Unless we unilaterally terminate this Agreement or you terminate this Agreement as stated above, this Agreement and the terms (including the updated agreement following) will remain effective.
10.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. We and any other third-parties have on need to send your additional notice.
10.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
11 OTHERS
11.1 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.
11.2 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.
11.3 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.
11.4 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 we 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.
11.5 We reserve the final interpretation right on this Agreement.
11.6 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.
11.7 OPixels does not directly target any juvenile users. If you are a juvenile user and decide to use OPixels, 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.
11.8 If you have any comments on the OPixels or this Agreement, you may contact us hdwallpaper.ios@gmail.com, and we will use our best efforts to provide you with timely and necessary assistance.