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Terms of Use

Effective Date: July 1, 2017

Welcome! We’re pleased that you’ve decided to use our high quality short video shooting and editing mobile application named VUE, our short video sharing platform mobile application named FOOTAGE and other products (collectively the “Products”) and any service in connection therewith (collectively the “Services”) provided by Beijing Yueranzhishang Technology Co., Ltd. (the “Company”, “we”, “us” or “our”).  In order to use our Products and Services, you are first required to read and comply with these Terms of Use (the “Terms”) and the Privacy Policy .  Please read carefully and fully understand the contents of each clause, especially the terms of exemption or limitation of liability, governing laws and dispute resolution.  We will underline the terms of exemption or limitation of liability for your attention.  Unless and until you have read and accept all the terms and conditions of the Terms and the Privacy Policy, you are not entitled to use the Products or Services we provide.  The use of our Products and Services by you shall be deemed as your acceptance of the above agreements, upon which you agree that you have read and agreed to be bound by such agreements.

You must be at least 13 years old to use the Products or Service. If you are under 18 years of age, you should review the terms with your parent or legal guardian and ensure that you both understand it.

Basic Terms

  1. The Terms is a binding contract between you and the Company on the Products and Service we provide.  "User" means the user who uses our Products or Services, and is often referred to as "you" in this Terms.
  2. You may need to apply for a registered account (the "account") per our request and login to use the Products and Services provided by us.  You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, we prohibit the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  3. You agree that you will not solicit, collect or use the login credentials of other users.
  4. We specially remind you that your account name and password should be kept in good order. You should exit safely when you have finished using your account. You are solely responsible for keeping your account name and password secret and secure.
  5. You shall comply with the related laws and regulations when using our Products or Services, and shall not use our Products or Services to engage in illegal activities or the activities explicitly prohibited by this Terms, including but not limited to:
  1. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, the "Content") that you submit, post or display on or via the Products or Services.
  1. Violation of these Terms of Use may, in our sole discretion, result in termination of your account.  You understand and agree that we cannot and will not be responsible for the Content posted on the Products or Services and you use the Products or Services at your own risk.  If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Products or Service to you.

General Conditions

  1. We reserve the right to modify or terminate the Products or Services or your access to the Products or Services for any reason, without notice, at any time, and without liability to you.  You can deactivate your account by logging into the Products or Services.  If we terminate your access to the Products or Services or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Products or Services (e.g., if your Content has been re-shared by others).
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time.  Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective.  You agree that we may notify you of the Updated Terms by posting them on the Products or Services, and that your use of the Products or Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.  Therefore, you should review these Terms of Use and any Updated Terms before using the Products or Services.  The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Products or Services from that point forward.  These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  4. We reserve the right to refuse access to the Products or Services to anyone for any reason at any time.
  5. We reserve the right to force forfeiture of any username for any reason.
  6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  7. You are solely responsible for your interaction with other users of the Products or Services, whether online or offline.  You agree that the Company is not responsible or liable for the conduct of any user.  We reserve the right, but has no obligation, to monitor or become involved in disputes between you and other users.  Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  8. There may be links from the Products or Services, or from communications you receive from the Products or Services, to third-party web sites or features.  There may also be links to third-party web sites or features in images or comments within the Products or Services.  The Products or Services also includes third-party content that we do not control, maintain or endorse.  Functionality on the Products or Services may also permit interactions between the Products or Services and a third-party web site or feature, including applications that connect the Products or Services or your profile on the Products or Services with a third-party web site or feature.  For example, the Products or Services may include a feature that enables you to share Content from the Products or Service or your Content with a third party, which may be publicly posted on that third party's service or application.  Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk.  We do not control any of these third-party web services or any of their content. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party services or features.  Your correspondence and business dealings with third parties found through the service are solely between you and the third party.  You may choose, at your sole and absolute discretion and risk, to use applications that connect the Products or Services or your profile on the Products or Services with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Product or Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Products or Services being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Company Parties (defined below) harmless for activity related to the Application.
  9. You shall understand and agree that you need to prepare the related terminal equipment of your own (i.e., the mobile phones, the tablets, etc.) when using our Products and Services, and shall be solely responsible for any fees and expenses (i.e., the data fees) charged in relation thereto.  
  10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Products or Services via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).

RIGHTS

  1. We do not claim ownership of any Content that you post on or through the Products or Services.  Instead, you hereby grant to us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Products or Services, subject to the Service's Privacy Policy, available here, including but not limited to sections 3 ("Sharing of Your Information"), 4 ("How We Store Your Information"), and 5 ("Your Choices About Your Information").  You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
  2. Some of the Products or Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Products or Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. We perform our obligations to the advertisers in accordance with the applicable laws and regulations, and you shall rely on your own judgments for the authenticity of advertising information and be solely responsible for such judgments.  Unless otherwise explicitly provided by the laws and regulations, you shall be solely responsible for the loss or damage suffered from the transaction carried out in accordance with the advertising information or the contents provided by the aforementioned advertiser.  You further agree that you shall judge the authenticity and reliability of the advertising information appears in our Products and Services carefully. You shall be responsible for the transactions conducted by you that is induced by the advertising information except as expressly provided by the law.
  4. Some of our Products or Services may charge fees, please be advised to comply with relevant policies when using such Products or Services. We may revise and change the charge rates and other relevant policies of the aforementioned Product or Service from time to time, and may also charge fees for any Product or Services currently provided for free at our sole discretion.  We will notify you the adoption or change of policies in respect of any chargeable Products or Services by displaying information on relevant service page.  You shall cease to use such chargeable Products or Services if you do not agree relevant policies or any change thereto.
  5. You represent and warrant that:
  1. The Products or Services contains content owned or licensed by us ("Company Content"). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us, we own and retain all rights in the Company Content, the Products and Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Company Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Company Content.
  1. Especially, you understand and accept that all the materials we provide through our Product or Service (including but not limited to format, style, filter, chartlet, watermark, music, etc.) shall be exclusively used in and become an integrated part of the short videos shot or edited via our Products or Services. You shall not separate such materials that we provide from the aforementioned short videos or use such materials separately in any other manner. You understand and accept that short videos shot or edited with the materials via our Products or Services shall not be exploited for any commercial purpose.
  1. The Company name and logo are trademarks of us, and may not be copied, imitated or used, in whole or in part, without the prior written permission of us. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of us, and may not be copied, imitated or used, in whole or in part, without prior written permission from us.
  1. Although it is our intention for the Products or Services to be available as much as possible, there will be occasions when the Products or Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.  Also, we reserve the right to remove any Content from the Products or Services for any reason, without prior notice.  Content removed from the Products or Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.  Consequently, we encourage you to maintain your own backup of your Content.  In other words, we are not a backup service and you agree that you will not rely on the Products or Services for the purposes of Content backup or storage.  We will not be liable to you for any modification, suspension, or discontinuation of the Products or Services, or the loss of any Content.  You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  2. You agree that we are not responsible for, and do not endorse, Content posted within the Products or Services.  We do not have any obligation to prescreen, monitor, edit, or remove any Content.  If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  3. Except as otherwise described in the Service's Privacy Policy, as between you and the Company, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content.  You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content.  None of your Content will be subject to any obligation of confidence on the part of the Company, and we will not be liable for any use or disclosure of any Content you provide.
  4. It is the Company's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply.  This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, the Company does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.  If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that the Company is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

REPORTING COPYRIGHT AND OTHER IP VIOLATIONS

  1. We respect other people's rights, and expect you to do the same.
  2. We provide you with tools to help you protect your intellectual property rights.
  3. You understand and agree that, in such event you are involved in any disputes or complaints in relation to infringement of rights, we may provide the other relevant parties or government authorities with the necessary information, such as the dispute subjects, the contacts, the complaint details, etc., in order to solve the disputes without delay and protect the legitimate rights and interests of other parties.  If you repeatedly infringe other party's intellectual property rights, we will shut down your account when necessary.

DISCLAIMER OF WARRANTIES

  1. The Products or Services, including, without limitation, the Company content, is provided on "as is", "as available" and "with all faults" basis, to the fullest extent permissible by law, neither the Company nor its parent company nor any of their employees, managers, officers or agents (collectively, the "Company Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Products or Services; (b) the Company’s content; (c) user content; or (d) security associated with the transmission of information to the Company or via the Products or Services.  In addition, the Company Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
  2. The Company Parties do not represent or warrant that the Products or Services will be error-free or uninterrupted; that defects will be corrected; or that the Products or Services or the server that makes the service available is free from any harmful components, including, without limitation, viruses.  The Company Parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful.  You acknowledge that your use of the Products or Services is at your sole risk.  The Company Parties do not warrant that your use of the Products or Services is lawful in any particular jurisdiction, and the Company Parties specifically disclaim such warranties.  Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of use.
  3. By accessing or using the Products or Services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Products or Services.
  4. The Company Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

LIMITATION OF LIABILITY; WAIVER

  1. Under no circumstances will the Company Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Products or Services; (b) the Company content; (c) user content; (d) your use of, inability to use, or the performance of the Products or Services; (e) any action taken in connection with an investigation by the Company Parties or law enforcement authorities regarding your or any other party's use of the Products or Services; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service's operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Company Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).  In no event will the Company Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  2. You agree that in the event you incur any damages, losses or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Company Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Company Parties.
  3. By accessing the Products or Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
  4. The Company is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents 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.

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Products or Services) agree to defend (at our request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Products or Services or those conducted on your behalf): (i) your Content or your access to or use of the Products or Services; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you.  You will cooperate as fully required by us in the defense of any claim.  We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Company.

MISCELLANEOUS

  1. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
  2. If you are using the Products or Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and us and governs your use of the Products or Services, superseding any prior agreements between you and us.   Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use.  These Terms of Use do not confer any third-party beneficiary rights.
  3. Given the breadth of our Products or Services, we sometimes need to draft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Products or Services, then become part of your agreement with us if you use those Products or Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
  4. We reserve the right to limit the availability of the Products or Services or any portion of the Products or Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that the Company provides.
  5. Any disputes arising from and/or in connection with these Terms of Use shall be governed by the laws of the People Republic of China.  The parties agree to first negotiate in good faith to resolve any dispute between them regarding these Terms of Use; if the the parties fail to resolve the dispute within a reasonable period of time through negotiation, such dispute shall be referred to and finally settled by the court having jurisdiction in the registered address of the Company.
  6. The effective date of these Terms of Use is July 1, 2017. These Terms of Use were written in both Chinese and English, in case of any discrepancy of the two versions, the Chinese Version will prevail.
  7. The Company reserves the right for the explanation of the provisions of this Terms, should you have any comments or suggestions on these Terms of Use and/or our Products or Services, please contact us feedback@vue.video, and we will provide necessary assistance.