BY INSTALLING, RUNNING, OR USING "PICTURETHIS" AND DOCUMENTATION, YOU AGREE THAT YOU HAVE FULLY UNDERSTOOD THIS EULA AND BEEN BOUND BY THIS EULA AS A PARTY HERETO. UNLESS YOU COMPLETELY ACCEPT ALL THE CONTENTS OF THIS EULA, YOU HAVE NO RIGHT TO USE THE "PICTURETHIS".
Although "PictureThis" is always striving to improve the accuracy of identification, under no circumstances can "PictureThis" ensure a 100% rate of identification. Therefore, You agree and understand that during Your use of the "PictureThis" product, no content feedback by the "PictureThis" product can be used as any basis for any civil or commercial activities (especially cannot be used as any basis for eating any plants or purchasing any goods) performed by You and/or others, otherwise all risks that may arise from such activities and all responsibilities shall be borne by you, not by Glority Software.
Considering of any possible changes of applicable laws and regulations in the future and the needs of the website operation, the Company reserves the right to modify the terms of this EULA and relevant rules from time to time. The contents, after being modified, will become effective immediately after being published on the website or on the Product in any form, and replace the previous relevant contents. You are responsible for reading announced changes, prompt messages, agreements, rules and other relevant contents on the website or on the Product. You understand and acknowledge that, if You disagree with the updated content, You shall immediately stop using all services provided by PictureThis and uninstall the software; and if You continue to use these services or software, then it will be considered that You have understood and fully agreed with various contents in this EULA, including any amendment to this EULA made by PictureThis and Glority Software at any time, and to become a PictureThis user.
In services provided by Glority Software or its partners other than the "PictureThis" product, all or part of the functions of the "PictureThis" product may be used. Generally, separate terms of service will be used to standardize such services. The User shall understand and acknowledge them separately when using relevant services. Where there is conflict between the separate terms of service and this EULA, the separate terms of service shall prevail.
LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to You.
I. Definitions and the Scope of Application
1. This EULA stipulates the rights and obligations, arising out of Your use of "PictureThis" software services, between Glority Software and You.
2. "Glority Software" means Hangzhou Glority Software Limited. However, for some service items involved in this EULA, the partners, subsidiary companies and other affiliated enterprises of Glority Software may also provide services to you, and have a relationship of rights and obligations with You.
3. Users mean all users who directly or indirectly obtain and use "PictureThis" software, products and relevant services.
4. In a narrow sense, the "PictureThis" products include a client application, legally owned and operated by Glority Software and marked with the name "PictureThis", and a website with www.PictureThisapp.com as its corresponding domain name. In a broad sense, the "PictureThis" products also include the software, products and services, relevant to and derived from the narrow "PictureThis" product. The connotation and denotation of the "PictureThis" products shall be reasonably interpreted based on relevant circumstances and contexts.
II. Use of the "PictureThis" products
1. Users can download the "PictureThis" software from any legal channel to lawfully-owned terminal devices. However, unless specifically authorized, users shall not, in any form, adapt, copy and/or sell the "PictureThis" software.
2. Once You open "PictureThis" in Your terminal devices, You will be regarded as using the "PictureThis" products. However, if Your terminal device is not connected to internet, You may be unable to fully use all functions of the "PictureThis" products.
3. Glority Software grants to You the right of permanent, revocable, non-transferable, non-exclusive and non-commercial use of the "PictureThis" products, and the above right conferred by Glority Software is non-transferable. Glority Software also reserves the right to revoke this authorization under any necessary circumstances.
4. You can begin to use the "PictureThis" products with no need to register and authenticate Your real name. However, before You register or authenticate Your real name, You may not be able to fully use some functions of the "PictureThis" software and some service items. At this moment, if You want to use these functions or services, You shall complete the registration (further completion of real name authentication may be needed for the use of some functions), and log in as a registered user.
1. Users can register according to the registration process provided by "PictureThis", set a password that meets standard safety requirements and use this password appropriately. The account name (including account pictures and profiles) registered by users shall not violate applicable laws and regulations, infringe others' lawful rights and interests, or violate the public order and good custom. The "PictureThis" account number and the password set by users are their credentials used to log in the "PictureThis" software, and to use the "PictureThis" products and accept the "PictureThis" services as a registered user.
2. The ownership of "PictureThis" accounts belongs to Glority Software. After completing the formalities of application for registration, users obtain the license to use the "PictureThis" accounts. This right of use only belongs to the initial applicant. The "PictureThis" account registered by You can only be used by You, and You are prohibited from lending, selling or giving the account to others. If Glority Software, according to its good faith judgment, suspects that the User is not the initial applicant of the account, then it has the right to suspend or terminate the provision of services to this registered account without notice, and to take back and / or cancel this account, with no liability for the initial applicant of this account. Losses arising from this, including but not limited to communication outage, information emptying, etc., shall be borne by the User himself/herself.
3. Users shall maintain the safety and privacy of their personal accounts and passwords, and take full responsibility for all activities engaged in the name of their registered accounts, including modification of User's data, comments made and other operations on "PictureThis". Therefore, Users are responsible for keeping their accounts and passwords secure. If a User finds that other people are using their accounts without permission, or find any other security vulnerabilities, they shall immediately inform Glority Software. Unless there is evidence to prove that the password is disclosed due to Glority Software's intentional misconduct or gross negligence, User himself/herself shall bear full responsibility for the disclosure of passwords.
4. After losing or forgetting the account password, the User can, according to the support process provided by "PictureThis", regain access to the account in due course. Users must have properly supplied the personal password protection information as an added safety level of the account. Users can, using the initial registration information and personal password protection information, fill in the request form to ask Glority Software for access to the account. However, all responsibilities for securing the account, password and password protection information are borne by the users themselves, because the password retrieval mechanism of Glority Software will only identify that the information filled in the request form and those recorded in the system match, and it is unable to identify whether the requestor is the real user of the account. Users hereby understand and acknowledge that Glority Software assumes no responsibility for any losses to users due to requests made by others using the User's information. Also, Glority Software is unable to promise that after losing or forgetting the account password, users can regain access to the account through the request. Even though the information provided by users in the request process is correct, if Glority Software, according to its good faith judgment, believes that the requestor may not be the initial applicant of the account (including but not limited to situations such as the security questions are too easy), Glority Software can still refuse the request for restoring the account password.
5. Users shall ensure that the identity information filled in when registering the account is true, accurate and complete. When You register and manage the account, please use true, accurate, legal and valid identification materials and necessary information (including Your name, e-mail address, contact number and contact address, etc.). After the said information is changed, You shall update it truly, accurately, completely and timely. Any responsibility arising from any illegal, untrue, inaccurate or misleading user information shall be borne by the users. Users shall continuously update the registration materials in a true, accurate, complete and timely manner.
6. In addition to registering the "PictureThis" account by themselves, users can also choose to authorize the use of their legally owned accounts, including but not limited to User's Facebook account, to register and log in to "PictureThis" via the "PictureThis"’s alternative for account management. Relevant provisions to the account in this EULA also apply to users who register and log in to "PictureThis" by the above means.
7. You fully understand and agree that, the "PictureThis" product may contain information, advertising release or brand promotion services launched by Glority Software to individuals or enterprises. You agree that Glority Software has the right to show commercial advertising or business information relevant to PictureThis and/or of the third-party supplier(s), partners in PictureThis products and services. If You disagree with the push notification service of PictureThis, You have the right to cancel this service by yourself or stop using PictureThis products and its relevant services. You shall be responsible for the transactions conducted according to this advertising information by yourself, and Glority Software assumes no responsibility for losses or damages caused due to such transactions or the contents provided by the above advertisers.
8. In addition to the above descriptions, users shall not use the "PictureThis" account or "PictureThis" service to conduct the following behaviors:
(1). Submit and publish false information, or steal others' pictures or information, pretend to be others or utilize others' names;
(2). Force and induce other users to follow, click the link page or share information;
(3). Fake the fact and conceal the truth to mislead and cheat others;
(4). Utilize technological means to establish false accounts in batch;
(5). Utilize the "PictureThis" account or the service to engage in any illegal criminal activities;
(6). Manufacture and publish methods and tools relevant to the above behaviors, or operate or propagate such methods and tools (whether these behaviors are for commercial purposes or not);
(7). Other behaviors which violate applicable laws and regulations, infringe on others' lawful rights and interests, interfere with the normal operation of Glority Software or "PictureThis" products, and other behaviors that are not authorized expressly by Glority Software.
9. Users shall abide by various terms in this EULA, and correctly and properly use the services. If You violate any term in this EULA, Glority Software has the right to, according to this EULA, suspend or terminate the services of providing "PictureThis" products to You. At the same time, Glority Software reserves the right to cancel Your "PictureThis" account and Your User name at any time.
IV. Standards for contents
1. Contents described in this clause mean any contents created, uploaded, downloaded, copied, published and propagated during the use of "PictureThis" services by users, including but not limited to account pictures, names, user descriptions and other registration information and identification data, or characters, voices, pictures, videos, images and texts sending, reply or automatic response and relevant link pages, and other contents created by using "PictureThis" accounts and "PictureThis" services.
2. Users shall not utilize "PictureThis" accounts and "PictureThis" services to create, upload, download, copy, publish and propagate the following contents prohibited by laws, regulations and policies:
(1). Contents that endanger national security, divulge national secrets and destroy national unity;
(2). Contents that harm national honors and interests;
(3). Contents that incite national hatred, ethnic discrimination and damage ethnic unity;
(4). Contents that break national religious policies, propagate heresy and feudalistic superstition;
(5). Contents that spread rumors, disturb the social order, and undermine the social stability;
(6). Contents that spread obscenity, pornography, gambling, violence, murder, terror or subornation;
(7). Contents that insult or defame others, infringe others' lawful rights and interests;
(8). Contents that fail to observe the requirements of bottom lines of laws and regulations, national interests, citizens' lawful rights and interests, social public order, morality and information authenticity;
(9). Information that contains other contents prohibited by laws and administrative regulations.
3. Users shall not utilize "PictureThis" accounts and "PictureThis" services to create, upload, download, copy, publish and propagate the following contents that interfere the normal operation of "PictureThis" and infringe the lawful rights and interests of other users or the third party:
(1). Contents that contain any sex or sexual connotation;
(2). Contents that contain abuse, intimidation and threatening information;
(3). Contents that contain harassment, spam advertisement, malicious information and inveiglement information;
(4). Contents that involve others' privacy, personal details or information;
(5). Contents that infringe others' lawful rights such as right of reputation, right of portrait, intellectual property and business secrets;
(6). Information that contains other contents that interfere the normal operation of "PictureThis" services and infringe the lawful rights and interests of other users or the third party.
4. Glority Software will, according to the situations, take control measures such as warning, refusal of release, deletion of contents, short-term prohibition of posting or permanent closing of accounts against users who break the above agreements. The above measures can be implemented alone or in combination. Glority Software will keep the follow-up comments that are suspected of breaking the law and committing a crime on record, and truthfully report when accepting the relevant governmental sectors' investigation.
5. Users can report relevant illegal contents published and uploaded by other users in PictureThis, and Glority Software will handle it in due course.
6. Any contents transmitted and published by users in the "PictureThis" products or through the "PictureThis" services do not reflect or represent, and shall not be considered as reflecting or representing Glority Software's opinions, standpoints or policies, and Glority Software assumes no responsibility for such contents.
V. Behaviors of users
1. Users shall abide by all applicable laws and regulations when using "PictureThis" products. Users shall not utilize "PictureThis" products and services to engage in activities that violate the above laws, regulations and policies and infringe others' lawful rights.
2. You shall not use any plug-in, add-on or third-party tool that is not authorized or permitted by Glority Software to interfere, damage, modify or exert other influences on the normal operation of "PictureThis" products.
3. You shall not utilize the "PictureThis" software to conduct any behavior that directly or indirectly endangers the security of computer networks, or do such behavior against "PictureThis" software, including but not limited to: use unauthorized data or enter unauthorized servers/accounts; enter, without permission, the public computer networks or others' computer systems and delete, modify and add stored information; attempt, without permission, to explore, scan, test the weaknesses of the "PictureThis" software system or network, or other behaviors that undermine network security; attempt to intervene, damage the normal operation of the "PictureThis" product system or network, spread intentionally malicious programs, viruses and other behaviors that directly or indirectly undermine and interfere normal network information service; and forge names or part of names of TCP/IP data package.
4. Without Glority Software's permission, You shall not directly or indirectly conduct any commercial behaviors in "PictureThis" products, such as posting advertisement, and selling goods.
5. Under any circumstances, if Glority Software reasonably believes that any of Your behaviors violate or may violate the above agreements, Glority Software can, at any time and without any prior notice, suspend or terminate the provision of services to you.
VI. Privacy of users
VII. Storage of data
1. Glority Software shall in no event be responsible for the deletion, losing of, or failure to store relevant data of users in "PictureThis" software.
2. Glority Software shall, based on the situations and at its sole discretion, decide the storage life of its data in "PictureThis" software. Users shall, according to their own needs, backup relevant data in the service by themselves.
3. If users stop using "PictureThis" services or if such services are suspended or terminated, Glority Software can delete the data of users permanently from the server. After suspending or terminating the provision of services to users, Glority Software is not obligated to return any data to users.
VIII. Assumption of risks
1. Users understand and agree that, "PictureThis" only provides a platform for users to share, transmit and obtain information, and users must take responsibilities for all behaviors under their own registered accounts, including any content transmitted by users and any consequences arising therefrom. Users shall judge the contents in "PictureThis" product services by themselves, and take all risks that may arise from the use, including but not limited to risks caused due to the dependence on the correctness, integrity or practicability of the contents. Glority Software assumes no responsibility for any losses or damages caused due to users' behaviors.
2. If You find that anyone violates the provisions in this EULA, or otherwise improperly uses "PictureThis" services, please immediately report or complain to Glority Software, and Glority Software will handle it according to this EULA.
3. Users understand and agree that, due to the needs of business development, Glority Software reserves the right to unilaterally change, suspend, terminate or revoke all or part of the service contents of "PictureThis" services, and users shall assume the resulting risks.
IX. Intellectual Property Rights Statement
1. You understand and agree that: the intellectual property rights of texts, pictures, videos, and other of your original information (including information that You entrust Glority Software's staff to publish) published and uploaded when You use "PictureThis" products and services belong to you. But, if You do publish and upload such information, this will represent Your non-exclusive, irrevocable, free, permanent and transferable authorization of such information to Glority Software worldwide. Glority Software can use the above original information in "PictureThis" and in Glority Software's other products or services, and can transfer the license or authorization of using such information to its related companies and cooperation partners with no need to obtain Your consent again.
2. You shall guarantee that: texts, pictures, videos, and other information (including information that You entrust Glority Software's staff to publish) uploaded when You use "PictureThis" products and services shall not infringe any third party's intellectual property, right of reputation, right of name, right of privacy and other lawful rights and interests. Otherwise, Glority Software has the right to remove such information if they infringe others' rights and interests. All liabilities for damage for any claim for rights raised by the said third party shall be assumed by You yourself, not by Glority Software, and You shall compensate for all Glority Software's losses and damages arising therefrom, including but not limited to economic losses and business losses.
3. Except that the intellectual property involving advertisements in the service is owned by the corresponding advertisers, the intellectual property of contents provided by Glority Software in the service (including but not limited to web pages, texts, pictures, audios, videos, charts, etc.) is owned by Glority Software, excluding the situation that users have legally obtained the intellectual property of their own published contents before using the service.
4. Unless otherwise specifically stated, the copyrights, patent rights and other intellectual property rights of the supporting software used by Glority Software when providing services are owned by Glority Software.
5. The intellectual property of figures, characters or their compositions, and other Glority Software marks, product and service names (including but not limited to the "PictureThis" logo, hereinafter collectively referred to as "Glority Software Logo") involved in the service is owned by Glority Software. Without Glority Software's prior written consent, User shall not display or use by any means, or otherwise handle the Glority Software logo, and shall not express to others that they have rights to display, use, or handle the Glority Software logo.
6. The above-mentioned and any other intellectual property rights lawfully owned by Glority Software or relevant advertisers are protected under the law. Without Glority Software's written consent, User shall not, for any profit or non-profit purpose, implement, utilize, transfer or permit any third party to implement, utilize and transfer the said intellectual property rights, and Glority Software reserves the right to investigate and affix the responsibility for the above-mentioned unauthorized behaviors.
X. Legal liability
1. If Glority Software finds that, or receives others' reports or complaints that users violate the provisions of this EULA, Glority Software has the right to review and delete relevant contents, including but not limited to users' information, chatting records, at any time without notice, and according to the seriousness of the case, to take control measures against the noncompliance accounts, including but not limited to warnings, banning of accounts, equipment and functions (the said control measures can be taken alone or in combination), and at the same time, inform users of the results.
2. The User whose account is blocked due to his or her violation of this EULA can submit an appeal to the relevant pages of the Glority Software website, and Glority Software will examine the appeal and at its own reasonable discretion, decide whether or not to unlock the account.
3. The User understands and agrees that Glority Software has the right to, at its reasonable discretion, take measures against behaviors that violate the provisions of the laws and regulations or this EULA, take appropriate legal actions against any User who violates laws and regulations, and according to laws and regulations, keep relevant information and report to relevant departments, and User shall assume all legal liabilities arising therefrom.
4. The User understands and agrees that, for any claim for compensation, requirement or loss (including reasonable attorney fees) raised by any third party, which is caused by or arising out of Users' violation of the provisions of this EULA, User shall compensate Glority Software and Glority Software's cooperative corporations and affiliated companies (if any), indemnify and hold them harmless.
XI. Force majeure and other exemptions
1. The User understands and acknowledges that, they may encounter force majeure or other risk factors interrupting the service in the process of using the service. Force majeure means unforeseeable, unavoidable and insurmountable objective events that have significant adverse impact on a party or both parties, including but not limited to natural disasters such as floods, earthquakes, plague and windstorm, and social events such as wars, disturbances, act of government. In the above cases, Glority Software will make great efforts to cooperate with relevant government agencies concerned in the first place, so as to make repairs in time. But, to the extent permitted by law, Glority Software and its partners are exempted from liability for losses of users or the third party arising therefrom.
2. Like most of the internet services, the services, influenced by differences in Users' motives, quality of network service, social environment and other factors, may be invaded and interfered by various safety problems, for example, others utilize Users' information and cause harassment in real life; other software downloaded and installed by User or other websites visited contain viruses or trojan horses, and threaten the safety of the Users' computer information and data, and then influence the normal use of the service. Users shall maintain an awareness for the safety of information and protection of User information, and enhance password protection, so as to avoid losses and harassment.
3. The User understands and acknowledges that, the service has the risk of service interruption or failure to meet the Users' requirements, caused due to force majeure, computer viruses or hacker attacks, system instability, Users' locations, shutdown, and any other technology, internet, telecommunication line reasons, therefore Glority Software assumes no responsibility for any losses and damages to User or the third party arising therefrom.
4. The User understands and acknowledges that, during the use of the service, there is information from any other person, including misleading, fraudulent, threatening, libelous, repulsive or illegal information, or anonymous or supposititious information that infringes others' rights, and behaviors accompanying with such information, and Glority Software assumes no responsibility for any losses and damages to User or the third party arising therefrom.
5. The User understands and acknowledges that, Glority Software needs to repair or maintain the "PictureThis" platform or relevant devices at regular or irregular intervals, therefore Glority Software assumes no responsibility for the interruption of service for a reasonable period of time caused due to such repairs or maintenance, but Glority Software shall give an announcement in due course.
6. Glority Software, according to the laws and regulations and the provisions of this EULA, has the right to take control measures against activities violating laws and regulations and this EULA, but such right is not part of Glority Software's obligation or commitment, and Glority Software cannot guarantee that it can discover such activities in time and take corresponding measures.
7. The User understands and acknowledges that, for the quality defects of the following products or services provided by Glority Software to users, and any losses caused, Glority Software assumes no responsibility for: (1) services provided by Glority Software to users for free; and (2) any products or services presented by Glority Software to users.
8. Under no circumstances shall Glority Software assume the responsibility for any indirect (including loss of profit), consequential and punitive losses, compensation and damages (even if Glority Software has been informed of the possibility of such losses). Notwithstanding any provisions to the contrary in this EULA, all responsibilities undertaken by Glority Software for users, for whatever reasons, causes of action, nature of case, or ways of act, shall in no event exceed the expenses paid by users to Glority Software for the use of services provided by Glority Software.
9. The User understands and acknowledges that, "PictureThis" product services provided by Glority Software to You are provided on an "as is" basis, therefore Glority Software makes no express warranty, or implied warranty, including implied warranty of non-infringement, implied warranty of merchantability, and implied warranty for a particular purpose, regarding "PictureThis" product services. For avoidance of doubts, Glority Software makes no warranty for the following contents:
(1). "PictureThis" products are completely suitable for the usage requirements of users;
(2). "PictureThis" products are undisturbed, timely, safe, reliable or without errors; and any products, services or other materials obtained by users via Glority Software meet the users' expectations;
(3). Any errors in the "PictureThis" software will be corrected.
10. For losses of profits, loss of goodwill, data or other tangible or intangible losses caused for the following reasons, Glority Software assumes no direct, indirect, incidental, consequential, special, derivative or punitive liability (even if Glority Software has been informed of the possibility of such compensation in advance):
(1). Use or failure to use of Glority Software;
(2). Statements or behaviors of any third party in the service;
(3). User purchases goods or services from the third party, based on the advertising information published in "PictureThis";
(4). Other matters irrelevant to Glority Software, unless expressly stated in this EULA.
XII. Change, suspension and termination of the services
1. Considering the unique nature of network services, User agrees that Glority Software has the right to change, suspend or terminate part of or all of the services (including paid services) at any time.
2. In any of the following cases, Glority Software has the right to change, suspend or terminate the free services or the paid services provided to users, without assuming any responsibility for users or any third party: (1) the personal information provided by User is not true or accurate, or is not consistent with the information provided when registering, without reasonable proof; (2) User violates applicable laws and regulations or the provisions of this EULA; (3) according to the provisions of law, or the requirements of the organs of public power; or (4) for safety reasons or other necessary situations.
1. Glority Software seriously reminds users to pay attention to the terms relating to the exemption of Glority Software's liabilities and the limitation of Users' rights in this EULA. Please carefully read such terms and consider the risks to yourself.
2. This EULA is governed by the laws of the People's Republic of China. All disputes or controversies arising from or in connection with this EULA shall be settled through friendly negotiation first. In case no settlement is reached, the disputes or controversies shall be submitted to a competent people's court in China with jurisdiction where Glority Software is located.
3. Where any term of this EULA is invalid or is unenforceable for whatever reason, other terms shall remain valid and be binding upon both the User and Glority Software.