ATTENTION: Before you (or hereinafter referred to as the “User”) read and decide whether to accept the Meipai User Agreement (hereinafter referred to as the “Agreement”), Xiamen Meipai Technology Co., Ltd. (hereinafter referred to as the “Meitu”)hereby reminds you to pay attention to Clauses 2, 3, 4, and 5 hereunder. The headings thereto in the Agreement (if any) are for reference only.
1. About Meipai and the Agreement: Meipai is a software application developed, operated and managed by Meitu and aimed at providing users with free software licensing and technical services. Meitu may update the Agreement from time to time according to its judgments on factors like commercial and applicable laws and policies, and will inform you of these updates to the Agreement in a timely manner. If you do not accept the Agreement or all terms of the Agreement as it is updated in future, please do not use Meipai.
2. Dispute Resolution: If any dispute arises between you and Meitu, you shall agree to submit to the exclusive jurisdiction of the local people’s court with competent jurisdiction where Meitu is located with respect to the dispute, provided that the jurisdiction governing Meitu is permitted by applicable laws and policies to act as the only or one of the jurisdictions governing during the time when the dispute occurs. Meanwhile, in the case that Meitu intends to bring a lawsuit against the User or other third party on disputes relating to this Agreement or Meipai, Meitu shall be entitled to choose the local people's court with jurisdiction where Meitu is located for exclusive jurisdiction of such disputes.
3. User’s Assumption of Responsibility: When using Meipai, the User shall strictly comply with all requirements of laws and policies applicable to the Agreement, including but not limited to releasing information that endangers the safety of the state and society, unsafe information, garbage marketing information, inappropriate and pornographic information, deceptive information, and unfair competition information (for more information, please refer to Clause 8). The User shall be liable for all losses incurred by himself/herself, Meitu, or a third party due to the improper use of Meipai. Meanwhile, the User shall determine the authenticity, legality, and effectiveness of the content of his/her own accord, and undertake all possible consequences and liabilities arising from the use of such contents.
4. User Authorization: The User enjoys the relevant legal rights of the contents released by himself/herself. However, under no circumstance shall the User use the content related to Meipai for business purposes without written approval of Meitu. Upon the User releasing the information, the User shall have expressly agreed to the following:
(1) Meitu is granted with a fully-paid, perpetual, non-exclusive, transferable, re-authorizable, and irrevocable right to use such information contents without charge for use on a global scale. According to such grant, Meitu may personally use or authorize any third party to access such information by use, duplication, re-processing, processing, editing, rework, modification, communication, publication, translation, transmission, distribution, public demonstration, public presentation, public performance, creating derivative works, and any other methods. If the User disagrees on such grant, the User shall notify Meitu about the information released by himself/herself through an appropriate method of contact.
(2) When the rights and interests of the User are infringed upon, resulting in any damage to the rights and interests of Meitu, the User shall work with Meitu in concert and authorize Meitu to, on behalf of such User and Meitu, issue a warning, lodge complaints, initiate or participate in any administrative enforcement procedures or civil and criminal judicatory procedures, or negotiate a settlement against any third party which commits such infringement or its illegal actions. In addition, the User shall agree to jointly participate in such an action of safeguarding legal rights as Meitu deems necessary.
5. Meitu will not provide any warnings in advance: Meitu may independently decide whether to maintain the content of certain information released by the User at its own discretion or subject to the requirements of applicable laws and policies. In addition Meitu may suspend, terminate, add, or delete some information that has been provided to the User without giving the him/her prior notice, and such User shall not object to the same. Therefore, Meitu suggests that the User take lawful means to save the information that he/she needs.
6. Meitu reserves all rights: When you are using Meipai, Meitu shall receive complete protection from applicable laws and policies as well as applicable international treaties, unless stated by Meitu otherwise or the rights that relevant rights holder shall enjoy according to applicable laws and policies. Meitu shall reserve all rights that the User has not been expressly authorized to exercise in the Agreement. No one shall exercise the rights in any form without the written authorization of Meitu or the relevant rights holder. For other exemptions that Meitu is permitted to enjoy according to the applicable laws and policies as well as applicable international treaties, Meitu shall remain entitled to claim such exemptions, except that Meitu issues a special statement of waiver.
7. Account Registration: For better use of Meipai, you may register an account and keep your account and password properly after registration, and undertake all the liabilities for any matters arising out of or relating to the account. When registering the account on the Meitu website, you shall fill in true and complete registration information as instructed for registration purposes, and update such registration information in a timely manner to ensure that such registration information is true, complete, and valid during the period from its registration to the cancellation without infringement of a third party’s legal rights and interests. You shall undertake all the liabilities for the consequences resulting from inaccurate, false, or illegal registration information entered by you, whether it is made public or not.
8. Release of Specified Information: When releasing information, if the User shall be required to obtain prior authorization or approval from any rights holder or third party (including but not limited to other online platforms, hereinafter refer to as the “Licensor”) with respect to the contents of the information, such authorization or approval shall be obtained in advance. Once the User releases certain information, it shall be deemed that the User has obtained such authorization or approval (if any) in advance. According to the provisions of applicable laws and policies, the User shall not directly or indirectly release any of the following information:
(1) Information endangering the safety of the state and society, the manifestations of which may contain, including but not limited to, opposing the basic principles determined by the constitution; endangering the safety of the state, disclosing state secrets, subverting the political power of the state, undermining state unity; inciting ethnic hatred and ethnic discrimination, undermining national unity; breaking religious policies of the state, promoting cults and feudal superstitions; spreading rumors, disturbing the social order, undermining social stability; propagating gambling, violence, murder, threats, or instigating others to commit any crime; inciting unlawful assembly, association, procession, demonstration, and gathering crowds to disturb social order, and other contents prohibited by laws, administrative rules, and national regulations.
(2) Unsafe information, the manifestations of which may contain, including but not limited to, relevant contents linked with phishing, links with website involving with trojans or other virus and relevant contents, relevant contents involving potential danger and stealing the User’s private information, unauthorized external links, QR codes, and other multimedia contents affecting user experience or reported by a large number of users,
(3) Garbage marketing information, the manifestations of which may contain, including but not limited to, commercial advertising not permitted by Meitu, massive advertising information sent to others’ websites through any device, software, or other non-manpower means, meaningless and repeated contents captured and sent by the device, interference with the normal order of Meipai due to system vulnerabilities (including stealing other users’ accounts and forcing other users to be followers), marketing information or spam affecting the user experience or reported by a large number of users (which belongs to promotion and advertising in nature), and others.
(4) Inappropriate and pornographic information, the manifestations of which may contain, including but not limited to, releasing inappropriate and pornographic information (including but not limited to prostitution, solicitation for sexual encounters, or solicitation for sexual partners), and others; publishing erotic words, videos, and pictures for erotic purpose; releasing quasi inappropriate and pornographic or sexually suggestive contents over a long duration.
(5) Deceptive information, the manifestations of which may contain, including but not limited to release of false advertisements and false information for winning prizes.
(6) Unfair competition information, the manifestations of which may contain, including but not limited to the release of tampered, added, or deleted rights identifications; and releasing of the content without the authorization of the Licensor.
9. Claims and Counterclaims: It is possible that the information uploaded by you will be used by Meitu and its partners or other users. Therefore, if you do not have relevant rights of such information, you may face complaints, reports, and claims. On the contrary, if you believe that the information released by any other user or third party has infringed upon your lawful rights and interests, you shall claim against such entities, and Meitu shall not bear any liability arising therefrom but may provide necessary assistance.
10. Handling of Complaints: Meitu suggests that users jointly maintain and supervise the compliance and cleanliness of the environment of Meipai. No matter whether it is that Meitu finds improper or illegal actions of its users, or Meitu verifies the improper or illegal actions of its users according to reports, complaints, and preliminary investigation, Meitu is entitled to immediately take necessary measures to stop the continuity of such actions without prior notice. Such necessary measures may include deletion of images, words and other information related to such actions, restriction on the use of such user’s account, and even cancellation of such user’s account and further investigation of legal responsibility of such user. If such user plans to lodge a complaint or report, please proceed as instructed on the relevant webpage.
12. When the rights which may be enjoyed by Meitu under this Agreement are involved (and only when they are involved), “Meitu” in this Agreement may refer to, including but not only limited to, Xiamen Meipai Technology Co. Ltd and/ or its associated institutions as well as the staff of Xiamen Meipai Technology Co., Ltd and/or its associated institutions. In particular, if such an institution and/or any of its staff incurs losses due to the User’s improper use of Meipai, such an institution and/or any of its staff is entitled to claim against the User for corresponding rights according to the Agreement.
13. For the purpose of the Agreement, subject to the context, the term “Meipai” may refer to Meipai software (including PC terminals and mobile terminals) or any independent website for Meipai established by “Meitu” or the relevant services provided by “Meitu” or “Meipai”.
14. For the purpose of the Agreement, the “User” refers to the individual user or institutional user that chooses to accept all terms of the Agreement after carefully reading the Agreement. The User may use Meipai by registering and logging in with the account of Meitu (including but not limited to account registration and release of information) for Meipai. However, registering and logging in to the User’s Meitu account does not affect the User’s identity hereunder. When using Meipai, the User shall ensure that he/she is a person of full civil capacity as provided by applicable laws; otherwise, such user shall use it in the presence of his/her guardian.
15. For the purpose of the Agreement, the term “Information” may refer to, including but not limited to, any user profile, text, software, audio, pictures, videos, charts, advertisements, and other materials.
16. For the purpose of the Agreement, the term “release” means the whole process or part of thereof in which the User makes relevant information available to the himself/herself or other users or unspecified users by means of recording, storing, submitting, transmitting, or otherwise.
17. Applicable Laws: The matters related to the Agreement shall be governed by the laws and policies of the People’s Republic of China (excluding Hong Kong, Macao, and Taiwan) (i.e. “applicable laws and policies”). Such applicable laws and policies may be in a dynamic change process. Therefore, if the applicable laws and policies change, resulting in the increase or decrease of rights and interests of the User and/or Meitu under the Agreement, it shall not constitute the basis for making all or some terms of the Agreement void naturally or terminated with enforceability, unless such applicable laws and policies under the change belong to mandatory regulations on the effectiveness.
18. Contact Meitu: If the User has any concerns regarding the Agreement, or wishes to submit feedback (including suggestions, complaints, and reports) to Meitu when using Meitu Diary, please contact Meitu immediately. Customer Service QQ: 800019025; E-mail: email@example.com; and Tel.: 0592-5320520.