欢迎您使用Meitu VCUS！
特别提醒: 在您（下或称“用户”）开始阅读并决定是否接受《Meitu VCUS用户协议》（“本协议”）之前， 美图公司特别提醒您仔细阅读并留意本协议中加粗并以下划线提示的内容，未成年人用户请在法定监护人陪同下仔细阅读本协议并决定是否接受本协议。若您对本协议存在疑问，或者无法全部或者部分接受本协议，或者在使用过程中需要向美图公司反馈（含建议、投诉、举报等），请停止使用Meitu VCUS 并可联系我们：客服QQ：800019025，邮箱：[email protected]/[email protected]，电话：0086 592 5320520。
1. 本协议的范围: 本协议是您与美图公司及其相关服务可能存在运营关联公司（“关联公司”）之间关于您使用Meitu VCUS所订立的协议。本协议的内容同时包括《隐私政策》。美图公司及其关联公司可能根据自身对商业、法律与政策等要素的判断，随时更新本协议；未经您明确同意，我们不会削减您按照本协议享有的合法权利。
2. 用户信息与个人信息保护: 保护您的用户信息与个人信息是美图公司及其关联公司的一项基本原则。您同意，美图公司及其关联公司将按照本协议及《隐私政策》的规定收集、使用、存储、管理和保护您的用户信息与个人信息；若您不同意或无法接受《隐私政策》全部或者部分条款或者有疑问的，您可根据首部联系方式与我们联系。
3. 您的合法使用: 您应对使用Meitu VCUS所拍摄、制作、发布或者储存的视频等数据信息的真实性、合法性负责。您不得使用Meitu VCUS制作、储存或发布如下信息内容：
(1) 危害国家及社会安全信息，其表现可能包括但不限于反对宪法所确定的基本原则；危害国家安全，泄露国家机密，颠覆国家政权，破坏国家统一；煽动民族仇恨、民族歧视，破坏民族团结；破坏国家宗教政策，宣扬邪教和封建迷信；散布谣言，扰乱社会秩序，破坏社会稳定；宣扬赌博、暴力、凶杀、恐怖或者教唆犯罪；煽动非法集会、结社、游行、示威、聚众扰乱社会秩序；含有法律、行政法规和国家规定禁止的其他内容。
(2) 淫秽色情信息，其表现可能包括但不限于发布淫秽、色情内容，包括但不限于招嫖、寻找一夜情、性伴侣等内容；发布以色情为目的的情色文字、情色视频、情色图画等内容；长期发布与淫秽、色情内容擦边的或具有性暗示类的内容。
(3) 侵权信息，其表现可能包括但不限于制作、发布、储存侵犯他人名誉权、肖像权、隐私权、知识产权等合法权利的内容。
(4) 不正当竞争信息，其表现可能包括但不限于发布篡改、增减、删除权利标识的内容；发布未经授权方授权的内容等。
(5) 其他违反法律法规、政策以及社会公序良俗或干扰Meitu VCUS正常运营及侵犯任何第三方合法权益的信息。
若您违反本协议，您同意美图公司有权根据自身的判断或法律与政策的需要，自主决定并可在不预先通知您的情况下，全部或者部分地选择：（1）暂停或终止对您的软件使用许可并停止相应技术服务，并由您自行承担无法使用后果；和（2）诉诸行政执法机构或者司法机关，以追究相应法律责任。若因您违反本协议导致任何第三方损害的（含美图公司及其关联公司），您应当独立承担责任；美图公司及其关联公司遭受损失的，您也应当一并赔偿。
4.广告：Meitu VCUS中可能包括广告，这属于美图公司及其关联公司合理合法的商业模式，您同意在使用Meitu VCUS过程中接收由美图公司及其关联公司或者其第三方合作伙伴发布的广告信息。美图公司及其关联公司依照法律的规定对广告信息发布履行相关义务后，您应当自行判断广告信息的真实性并为自己的判断行为负责，除法律明确规定外，您因依该广告信息进行的交易或广告主提供的内容而遭受的损失或损害，美图公司及其关联公司不承担责任。
5.知识产权声明：Meitu VCUS本身自带的所有版本、技术、程序、素材、道具和所有的信息内容（“Meitu VCUS信息内容”，包括但不限于产品功能、用户界面、操作步骤、商标、专利、计算机软件作品等）的知识产权均归美图公司、美图公司许可方或美图公司关联公司所有，美图公司及其关联公司对您的软件使用许可在任何情况下均不应视为向您转让其知识产权的部分或者全部。您通过Meitu VCUS下载、使用的任何素材及其他Meitu VCUS信息内容，仅限您个人娱乐、学习、研究或者欣赏使用，未经美图公司书面同意，不可用于任何商业用途。
6.不可抗力与其他免责事由：Meitu VCUS在使用中会受到包括但不限于如下不可抗力或者其他因素的影响：政治原因、社会环境、自然灾害、经济危机、计算机病毒或黑客攻击、服务器或系统不稳定、您所在的特殊位置、任何技术能力、网络质量以及通信线路、计算机故障等（以下统称“免责事由”）。因上述免责事由给您造成损失的，美图公司在法律与政策允许的范围内免责，但若出现上述免责事由时，美图公司将于第一时间在能力所及最大范围内进行修复或者及时补救。
7.Meitu VCUS变更、中断与终止：除本协议其他约定外，美图公司及其关联公司还有权根据自己独立商业判断对Meitu VCUS内容进行变更、中断或终止。除其他协议另有规定外，美图公司不对相应变更、中断或终止承担任何责任，您应妥善做好数据更新、备份与转移工作。
8.适用法律与纠纷管辖：本用户协议适用中华人民共和国大陆地区法律。本用户协议项下争议，由被告住所地法院管辖。
9．定义及其他
（1）“Meitu VCUS”是指美图公司及其关联公司开发、运营、管理的一款应用软件产品，旨在为您提供本协议范围内免费、非独占和全球范围内的软件使用许可及技术服务。本协议项下的“Meitu VCUS”根据不同的语境将可能指Meitu VCUS移动端、美图公司为Meitu VCUS设立的独立网站或者美图公司围绕Meitu VCUS软件产品提供的相关技术服务。
（2）“美图公司”指厦门美图网科技有限公司。
（3） “素材”指由美图公司提供的已经内置于Meitu VCUS的或者未来即将内置的包括但不限于字体、文字、特效、贴纸、边框、背景、模板、音乐等用于美化您视频的相关素材与信息。
Last Modified: Nov 06, 2020
Thank you for choosing VCUS.
Important: Before you use VCUS, Pixocial Technology (as defined below) advises you to carefully read and make sure you understand the provisions of this Pixocial Service Agreement (the “Agreement”), especially those sections that are underlined and in bold, which might exclude or limit the liability of Pixocial Technology or highlight your obligations. Pixocial IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use Pixocial. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using Pixocial immediately. If you have any questions regarding Pixocial or wish to provide feedback (including, but not limited to, suggestions and complaints) to Pixocial, You can contact us via Customer Service via email at [email protected].
1. Scope of this Agreement: This Agreement is made between you and Pixocial Technology (Singapore) Pte. Ltd. and its affiliates who assist Pixocial with respect to the provision of the services (collectively, “Pixocial Technology”, “we”, “us” or “our”) for your use of our application. This Agreement incorporates the Privacy Policy.Pixocial may update this Agreement from time to time at its own discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Agreement, you must immediately cease your use of VCUS. Because VCUS is evolving over time, we may change or discontinue all or any part of VCUS at any time and without notice, at our sole discretion. If you continue to use VCUS after we have posted updated version of this Agreement, you are agreeing to be bound by the updated version of this Agreement. “VCUS” is a software product developed, operated and managed by Pixocial Technology. Under this Agreement, "VCUS" refers to the VCUS mobile application (the “App”), the website set up by Pixocial Technology for VCUS, and other services provided by Pixocial Technology as part of the App and/or the website.
2. Protection of User Information and Personal Information: It is a fundamental principle of Pixocial Technology to protect your user information and personal information. You agree that Pixocial Technology will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy. If you are unwilling to accept or have any question related to the Privacy Policy in whole or in part, please cease using VCUS immediately and you may contact us via the contact details as first written above.
3. Non-commercial Use of VCUS: You agree to use VCUS in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only view, share, store, use, transmit and post photos, videos and other content via VCUS for your personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without the written consent of Pixocial Technology.
4. Your Use of VCUS: You shall be fully responsible for your use of VCUS and for your User Content. You shall not produce, store or post any following information via VCUS:
i. photo or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual innuendo;
ii. information that infringes the legitimate rights of others, including, but not limited to, the reputation right, portraiture right, privacy right and intellectual property rights;
iii. information that contains content defaming, coercing, humiliating, abusing, harassing, threatening, palming off/passing off or intimidating another person or entity, or personal information of another person or entity including, but not limited to, credit card information, social security number or other national identification number, non-public telephone number or non-public email address;
iv. information that creates unfair competition, including, but not limited to, content with ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and unauthorized content;
v. information that violates the terms of this Agreement, laws, regulations, policies, social order and information that disturbs Pixocial Technology’s normal operation;
vi. information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or other form of solicitation;
vii. information that helps or encourages others to do any of the above; or
viii. information that is otherwise deemed inappropriate by Pixocial Technology.
Although we are not obligated to monitor access to or use of VCUS or to review or edit any User Content, we have the right to do so for the purpose of operating VCUS, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the operation of VCUS. If you violate this Agreement, you agree that Pixocial Technology may, at its discretion or as required by law and policies, and without prior notice to you, take any action deemed appropriate by Pixocial Technology, including, without limitation: (i) removing any offending User Content; or (ii) suspending or terminating your access to VCUS, ceasing to provide any services related to VCUS.
Definitions. For purposes of this Agreement: (i) “Content” means text, audio, photos, images, videos, graphs, and other information, material or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through VCUS; (ii) “VCUS Technology Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of VCUS (including you) through VCUS by Pixocial Technology, including, without limitation, product features built into VCUS such as filters, fonts, text, special effects, stickers, borders, backgrounds and templates music; and (iii) “User Content” means any Content uploaded or provided by users of VCUS and to be made available through VCUS, but excluding any Pixocial Technology Content (or derivatives thereof).
5. Virtual Goods.
Pixocial is entitled to charge fees for certain filters and other virtual goods that you may use with VCUS (collectively, the “Virtual Goods”). You agree that Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else.
Ownership of Virtual Goods. You acknowledge that you do not own Virtual Goods but instead, Pixocial grants you a limited personal revocable license to use them for personal use in accordance with the terms of this Agreement and only within VCUS.
Use of Virtual Goods. You are only allowed to obtain Virtual Goods from us through using VCUS, and not in any other way. Subject to our compliance with applicable laws, we may:
• control, regulate, change or remove any Virtual Goods without any liability to you;
• revise the pricing for Virtual Goods; and
By purchasing and/or using the Virtual Goods, you confirm you have read and agreed to be bound by this Agreement and any additional terms presented to you that are applicable to the Virtual Goods (the “Additional VG Terms”).
Pixocial may from time to time at its discretion update the Additional VG Terms without providing any prior notice to you. If you are unwilling to accept this Agreement or the Additional VG Terms (including all or part of the provisions of any future updated version of this Agreement and the Additional VG Terms), you must immediate cease your use Virtual Goods.
Pixocial may change or discontinue all or any part of the Virtual Goods, at any time and without notice, at its sole discretion, including, without limitation, making adjustments/improvements to the Virtual Goods based on Pixocial’s product planning and the country or area you are in.
6. Content Ownership and License
Content Ownership. Pixocial does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Pixocial and its licensors exclusively own all right, title and interest in and to the Pixocial Content and all associated intellectual property rights. You acknowledge that VCUS and the Pixocial Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying VCUS or Pixocial Content. For greater certainty, if you incorporate any Pixocial Content into your User Content (for example, images, designs or filters that we provide that you add to User Content you create or share), we will retain all rights to the Pixocial Content and any derivatives thereof.
Rights in your User Content. By making any User Content available through VCUS, you hereby grant to Pixocial a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to: (i) use, copy, modify, adapt, communicate, make available, distribute, publicly display, publicly perform and do all other acts comprised in any intellectual property rights in or to your User Content in connection with operating and providing VCUS to you and to other users of VCUS, in any form, format, media or media channels now known or later developed or discovered; and (ii) optimize and promote VCUS. In the event that such User Content contains the personal information, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that Pixocial and its sub-licensees are allowed to use them to the extent indicated in this Agreement.
Your Responsibility for your User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through VCUS, nor any use of your User Content by Pixocial on or through VCUS will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can delete your User Content at any time by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on VCUS or outside of VCUS. In addition, User Content you delete may persist for a limited period of time in backup copies. Pixocial is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Further, where your User Content is publically available, you acknowledge that Pixocial cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and Pixocial has no responsibility in this regard. You agree that you will not have any claims against Pixocial arising from or relating to third parties using image, design, video and other materials that derive from or are based on your User Content in any form, including, in particular, publishing on the Internet. Pixocial shall also have the right to delete or remove any User Content in its sole and absolute discretion and without prior notice to you.
Rights in Content Granted by Pixocial. Subject to your compliance with this Agreement, and subject to the license terms in Section 5 with respect to Virtual Goods, Pixocial grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your permitted use of VCUS and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You shall not use Content (excluding your User Content) for any commercial purposes without the prior written consent of Pixocial.
7. Advertising
VCUS may include advertisements in connection with providing VCUS to you, which you acknowledge supports the provision of the services by Pixocial and hence is a reasonable and legitimate. You agree to receive advertisements made available to you by Pixocial or third-party partners while you are using VCUS. Subject to Pixocial’s compliance with any applicable laws related to the provision of advertisements, Pixocial does not select, review or screen advertisements and is not a supplier of any of these products or services. Pixocial makes no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via VCUS to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. . Unless otherwise stipulated by law, Pixocial is not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.
8. Feedback
We welcome feedback, comments and suggestions for improvements to VCUS (the “Feedback”). You can submit Feedback by emailing us at [email protected], or by using the “Feedback” feature in the App. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9. License for the App.
Subject to your compliance with this Agreement, Pixocial Technology grants you a limited royalty-free, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes as expressly permitted by this Agreement. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Pixocial Technology reserves all rights in and to the App not expressly granted to you under this Agreement.
10. Indemnity
If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of VCUS or the provision of User Content, including, without limitation, actual or alleged violation of any laws, regulations or other legal rights, or any breach of any term in the Terms of Service, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
11. Disclaimer
You agree to use VCUS at your own risk. VCUS is provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of VCUS, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of VCUS may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of VCUS or any materials contained therein.
12. Limitation of Liability
To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of VCUS, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted.
13. Not Responsible for Third Parties
We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. VCUS may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
14. Force Majeure and Other Grounds for Exemption
Your use of VCUS may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, Pixocial Technology shall have no liability to perform any of its obligations affected thereby, which obligations shall be suspended, and Pixocial Technology shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by law.
15. Notification of Infringement
Pixocial has the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Pixocial Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Pixocial in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”). All Infringement Notices shall be sent to Pixocial addressed as follows: 80 Robinson Road #02-00 Singapore 068898.
Where Pixocial removes any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Pixocial under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Pixocial. You acknowledge and agree that Pixocial has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
16. Governing Law and Dispute Resolution
This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of Singapore, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and Pixocial to the exclusive jurisdiction of Singapore. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you and Pixocial.
17. Inherent Risks.
Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content.
Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to VCUS’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. Pixocial will assume no responsibility for any data loss that is not solely caused by Pixocial.
18. Specific Terms for Users in the European Union
The following specific provisions apply to users in the European Union:
(i) In addition to the choice of law made in Section 16, the following shall apply: The statutory provisions limiting the choice of law remain unaffected. In particular, within the territorial scope of Article 6(2) of European Union Regulation (EC) No. 593/2008 (so-called "Rome I Regulation") the following applies: If the law of the country where you, as a consumer, at the time of conclusion of the contract have your habitual residence (hereinafter "right of residence") contains provisions for your protection which may not be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the mandatory provisions of the right of residence despite the choice of law pursuant to Section 16.
(ii) With regard to the Virtual Goods, the following shall apply in addition: In accordance with the EU Directive 2011/83/EU, consumers, within the territorial scope of the Directive, generally have a statutory right of withdrawal when concluding a distance selling contract, about which we will inform you below in accordance with the statutory model instructions on withdrawal.
Model instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us, e-mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To [Pixocial Technology (Singapore) Pte. Ltd., e-mail: [email protected]]:
— I/We (*1) hereby give notice that I/We (*1) withdraw from my/our (*1) contract of sale of the following goods (*1) /for the provision of the following service (*1) ,
— Ordered on (*1) /received on (*1) ,
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*1) Delete as appropriate.
19. Language
This Agreement is prepared and drafted in English, but may be translated into other languages (e.g. Japanese, Korean, French etc.). Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall be controlling.
Last Modified: Nov 06, 2020
Thank you for choosing VCUS.
Important: Before you use VCUS, Pixocial Technology (as defined below) advises you to carefully read and make sure you understand the provisions of this Pixocial Service Agreement (the “Agreement”), especially those sections that are underlined and in bold, which might exclude or limit the liability of Pixocial Technology or highlight your obligations. Pixocial IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use Pixocial. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using Pixocial immediately. If you have any questions regarding Pixocial or wish to provide feedback (including, but not limited to, suggestions and complaints) to Pixocial, You can contact us via Customer Service via email at [email protected].
1. Scope of this Agreement: This Agreement is made between you and Pixocial Technology (Singapore) Pte. Ltd. and its affiliates who assist Pixocial with respect to the provision of the services (collectively, “Pixocial Technology”, “we”, “us” or “our”) for your use of our application. This Agreement incorporates the Privacy Policy.Pixocial may update this Agreement from time to time at its own discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Agreement, you must immediately cease your use of VCUS. Because VCUS is evolving over time, we may change or discontinue all or any part of VCUS at any time and without notice, at our sole discretion. If you continue to use VCUS after we have posted updated version of this Agreement, you are agreeing to be bound by the updated version of this Agreement. “VCUS” is a software product developed, operated and managed by Pixocial Technology. Under this Agreement, "VCUS" refers to the VCUS mobile application (the “App”), the website set up by Pixocial Technology for VCUS, and other services provided by Pixocial Technology as part of the App and/or the website.
2. Protection of User Information and Personal Information: It is a fundamental principle of Pixocial Technology to protect your user information and personal information. You agree that Pixocial Technology will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy. If you are unwilling to accept or have any question related to the Privacy Policy in whole or in part, please cease using VCUS immediately and you may contact us via the contact details as first written above.
3. Non-commercial Use of VCUS: You agree to use VCUS in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only view, share, store, use, transmit and post photos, videos and other content via VCUS for your personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without the written consent of Pixocial Technology.
4. Your Use of VCUS: You shall be fully responsible for your use of VCUS and for your User Content. You shall not produce, store or post any following information via VCUS:
i. photo or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual innuendo;
ii. information that infringes the legitimate rights of others, including, but not limited to, the reputation right, portraiture right, privacy right and intellectual property rights;
iii. information that contains content defaming, coercing, humiliating, abusing, harassing, threatening, palming off/passing off or intimidating another person or entity, or personal information of another person or entity including, but not limited to, credit card information, social security number or other national identification number, non-public telephone number or non-public email address;
iv. information that creates unfair competition, including, but not limited to, content with ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and unauthorized content;
v. information that violates the terms of this Agreement, laws, regulations, policies, social order and information that disturbs Pixocial Technology’s normal operation;
vi. information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or other form of solicitation;
vii. information that helps or encourages others to do any of the above; or
viii. information that is otherwise deemed inappropriate by Pixocial Technology.
Although we are not obligated to monitor access to or use of VCUS or to review or edit any User Content, we have the right to do so for the purpose of operating VCUS, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the operation of VCUS. If you violate this Agreement, you agree that Pixocial Technology may, at its discretion or as required by law and policies, and without prior notice to you, take any action deemed appropriate by Pixocial Technology, including, without limitation: (i) removing any offending User Content; or (ii) suspending or terminating your access to VCUS, ceasing to provide any services related to VCUS.
Definitions. For purposes of this Agreement: (i) “Content” means text, audio, photos, images, videos, graphs, and other information, material or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through VCUS; (ii) “VCUS Technology Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of VCUS (including you) through VCUS by Pixocial Technology, including, without limitation, product features built into VCUS such as filters, fonts, text, special effects, stickers, borders, backgrounds and templates music; and (iii) “User Content” means any Content uploaded or provided by users of VCUS and to be made available through VCUS, but excluding any Pixocial Technology Content (or derivatives thereof).
5. Virtual Goods.
Pixocial is entitled to charge fees for certain filters and other virtual goods that you may use with VCUS (collectively, the “Virtual Goods”). You agree that Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else.
Ownership of Virtual Goods. You acknowledge that you do not own Virtual Goods but instead, Pixocial grants you a limited personal revocable license to use them for personal use in accordance with the terms of this Agreement and only within VCUS.
Use of Virtual Goods. You are only allowed to obtain Virtual Goods from us through using VCUS, and not in any other way. Subject to our compliance with applicable laws, we may:
• control, regulate, change or remove any Virtual Goods without any liability to you;
• revise the pricing for Virtual Goods; and
By purchasing and/or using the Virtual Goods, you confirm you have read and agreed to be bound by this Agreement and any additional terms presented to you that are applicable to the Virtual Goods (the “Additional VG Terms”).
Pixocial may from time to time at its discretion update the Additional VG Terms without providing any prior notice to you. If you are unwilling to accept this Agreement or the Additional VG Terms (including all or part of the provisions of any future updated version of this Agreement and the Additional VG Terms), you must immediate cease your use Virtual Goods.
Pixocial may change or discontinue all or any part of the Virtual Goods, at any time and without notice, at its sole discretion, including, without limitation, making adjustments/improvements to the Virtual Goods based on Pixocial’s product planning and the country or area you are in.
6. Content Ownership and License
Content Ownership. Pixocial does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Pixocial and its licensors exclusively own all right, title and interest in and to the Pixocial Content and all associated intellectual property rights. You acknowledge that VCUS and the Pixocial Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying VCUS or Pixocial Content. For greater certainty, if you incorporate any Pixocial Content into your User Content (for example, images, designs or filters that we provide that you add to User Content you create or share), we will retain all rights to the Pixocial Content and any derivatives thereof.
Rights in your User Content. By making any User Content available through VCUS, you hereby grant to Pixocial a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to: (i) use, copy, modify, adapt, communicate, make available, distribute, publicly display, publicly perform and do all other acts comprised in any intellectual property rights in or to your User Content in connection with operating and providing VCUS to you and to other users of VCUS, in any form, format, media or media channels now known or later developed or discovered; and (ii) optimize and promote VCUS. In the event that such User Content contains the personal information, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that Pixocial and its sub-licensees are allowed to use them to the extent indicated in this Agreement.
Your Responsibility for your User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through VCUS, nor any use of your User Content by Pixocial on or through VCUS will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can delete your User Content at any time by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on VCUS or outside of VCUS. In addition, User Content you delete may persist for a limited period of time in backup copies. Pixocial is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Further, where your User Content is publically available, you acknowledge that Pixocial cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and Pixocial has no responsibility in this regard. You agree that you will not have any claims against Pixocial arising from or relating to third parties using image, design, video and other materials that derive from or are based on your User Content in any form, including, in particular, publishing on the Internet. Pixocial shall also have the right to delete or remove any User Content in its sole and absolute discretion and without prior notice to you.
Rights in Content Granted by Pixocial. Subject to your compliance with this Agreement, and subject to the license terms in Section 5 with respect to Virtual Goods, Pixocial grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your permitted use of VCUS and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You shall not use Content (excluding your User Content) for any commercial purposes without the prior written consent of Pixocial.
7. Advertising
VCUS may include advertisements in connection with providing VCUS to you, which you acknowledge supports the provision of the services by Pixocial and hence is a reasonable and legitimate. You agree to receive advertisements made available to you by Pixocial or third-party partners while you are using VCUS. Subject to Pixocial’s compliance with any applicable laws related to the provision of advertisements, Pixocial does not select, review or screen advertisements and is not a supplier of any of these products or services. Pixocial makes no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via VCUS to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. . Unless otherwise stipulated by law, Pixocial is not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.
8. Feedback
We welcome feedback, comments and suggestions for improvements to VCUS (the “Feedback”). You can submit Feedback by emailing us at [email protected], or by using the “Feedback” feature in the App. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9. License for the App.
Subject to your compliance with this Agreement, Pixocial Technology grants you a limited royalty-free, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes as expressly permitted by this Agreement. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Pixocial Technology reserves all rights in and to the App not expressly granted to you under this Agreement.
10. Indemnity
If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of VCUS or the provision of User Content, including, without limitation, actual or alleged violation of any laws, regulations or other legal rights, or any breach of any term in the Terms of Service, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
11. Disclaimer
You agree to use VCUS at your own risk. VCUS is provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of VCUS, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of VCUS may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of VCUS or any materials contained therein.
12. Limitation of Liability
To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of VCUS, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted.
13. Not Responsible for Third Parties
We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. VCUS may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
14. Force Majeure and Other Grounds for Exemption
Your use of VCUS may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, Pixocial Technology shall have no liability to perform any of its obligations affected thereby, which obligations shall be suspended, and Pixocial Technology shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by law.
15. Notification of Infringement
Pixocial has the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Pixocial Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Pixocial in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”). All Infringement Notices shall be sent to Pixocial addressed as follows: 80 Robinson Road #02-00 Singapore 068898.
Where Pixocial removes any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Pixocial under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Pixocial. You acknowledge and agree that Pixocial has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
16. Governing Law and Dispute Resolution
This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of Singapore, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and Pixocial to the exclusive jurisdiction of Singapore. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you and Pixocial.
17. Inherent Risks.
Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content.
Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to VCUS’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. Pixocial will assume no responsibility for any data loss that is not solely caused by Pixocial.
18. Specific Terms for Users in the European Union
The following specific provisions apply to users in the European Union:
(i) In addition to the choice of law made in Section 16, the following shall apply: The statutory provisions limiting the choice of law remain unaffected. In particular, within the territorial scope of Article 6(2) of European Union Regulation (EC) No. 593/2008 (so-called "Rome I Regulation") the following applies: If the law of the country where you, as a consumer, at the time of conclusion of the contract have your habitual residence (hereinafter "right of residence") contains provisions for your protection which may not be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the mandatory provisions of the right of residence despite the choice of law pursuant to Section 16.
(ii) With regard to the Virtual Goods, the following shall apply in addition: In accordance with the EU Directive 2011/83/EU, consumers, within the territorial scope of the Directive, generally have a statutory right of withdrawal when concluding a distance selling contract, about which we will inform you below in accordance with the statutory model instructions on withdrawal.
Model instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us, e-mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To [Pixocial Technology (Singapore) Pte. Ltd., e-mail: [email protected]]:
— I/We (*1) hereby give notice that I/We (*1) withdraw from my/our (*1) contract of sale of the following goods (*1) /for the provision of the following service (*1) ,
— Ordered on (*1) /received on (*1) ,
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*1) Delete as appropriate.
19. Language
This Agreement is prepared and drafted in English, but may be translated into other languages (e.g. Japanese, Korean, French etc.). Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall be controlling.