Last updated: 10 Oct 2019
The software application “Z Camera” is a copyrighted work belonging to Funnytech Corporation (“us”or “we”). We provide a photography software application and related services (collectively, the “Z Camera”or “Software” or “Service”).
This Terms of Service (“Agreement”) sets forth the legally binding terms for your use of Z Camera. By using Z Camera, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. This Agreement is the complete and exclusive agreement of you and us with respect to the subject matters hereof and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service).
2. End User License
2.1 License. Subject to the terms of this Agreement, we grant you a non-transferable, non-exclusive license to download, install and use one copy of Z Camera on a mobile device that you own or control for your use (the “License”).
2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Z Camera; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Z Camera, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access Z Camera in order to build a similar or competitive software and service; (d) except as expressly stated herein, no part of Z Camera may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Z Camera. Any future release, update, or other addition to functionality of Z Camera shall be subject to the terms of this Agreement.
2.3 Local Laws. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations. Any behavior of using Z Camera contrary to laws and regulations of People’s Republic of China( hereinafter referred to as“PRC”) is prohibited.
3. Intellectual Property Policy
3.1 Z Camera is developed by us independently. You acknowledge and agree that we retain all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests with regard to this Software. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of PRC and relevant international agreements and other intellectual property laws and regulations.
3.2 Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and we reserve the right to undertake appropriate steps against copyright offenders.
3.3 Your use of the Service is conditioned upon your agreement not to use the Service to infringe the intellectual property rights of others in any way. We may terminate its engagement with any user who is suspected of infringing the copyrights, or other intellectual property rights, of others, or may, at our sole discretion, take other actions against such users. In addition, it is our policy, in appropriate circumstances, at its discretion and in accordance with applicable laws, to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
4.1 As Z Camera user you may submit graphics, photos, videos, and any other materials (collectively “Content”). You understand that, whether or not Content is published, we do not guarantee any confidentiality with respect to Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and is not responsible for any loss of Content.
4.2 You retain all of your ownership rights in your Content, but you are required to grant limited license rights to us and other users of the Service to access to and use you Content.
4.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.
4.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable us to use your Content for the purposes of the provision of the Service by us, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
4.5 You agree that your conduct through Z Camera will comply with (and you agree that any part of your Content shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to your Content; (b) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and (c) your Content will not: (i) facilitate or promote illegal activity, or contain content that is illegal; (ii) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colour, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit content; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in this Agreement.
4.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service.
4.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled.
4.8 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in this Agreement, and may remove such Content and/or terminate a user’s access for uploading Content which is in violation of this Agreement, at any time, without prior notice and at our sole discretion.
5. Paid Services
5.1 Some of the Services (e.g. obtaining updated footage, unlocking advanced features) provided by Z Camera will need to be paid for use, but we will provide a free trial period for use. You may choose our monthly package and annual package for the paid services. Once the fees are duly paid in full, you will acquire the paid services within the subscription period. For paid services, we will obtain your consent before collection of payment. In the future, Z Camera may comprise further paid services. If you already subscribed the paid services during the period the further paid services is updated, you will be able to use the further paid services during the subscription period without extra charge, provided that: 1) no extra charge is required by us; 2) you update Z Camera as may be required to use the further paid services.
5.2 For any paid services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Apple Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with Apple, Google or a third party, that governs your use of a given payment processing method.
5.3 We could modify about our payment policy according to practical needs. Some free services may become paid services in the future. If the fee is not paid on time and in full, you will no longer be able to use the paid services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.
6. Limitations of Liabilities and Disclaimer
6.1 You acknowledge and agree that the Software and Services may have potential risks like service interruption, failure to respond to users’requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
6.2 We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
6.3 In view of business development and adjustment, we reserve the right to amend or terminate Service without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
6.4 The software which is not officially released or authorized by us and the derivative works of the Software are illegal. User’s downloading, installation, and user this software may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
6.5 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this Agreement.
6.6 We assume no liability or responsibility for any loss or damage arising from the use, edition, adaption or modification of the photo or picture maintained or kept by the user, or for any loss or consequence of posting or releasing of the photo information to any other third-party websites or resources that are accessible via the Software.
You agree to defend, indemnify and hold us harmless (and our suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’fees) brought by third parties resulting from or relating to: (i) your use of Z Camera, (ii) your submitted Content, or (iii) your violation of this Agreement. We reserve the right, at your expense, to assume the exclusive defense and control of any matters for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Changes to this Agreement
This Agreement may change from time to time. Any change will be published on the interface of the Software. Your continuous use of the Software and Service will be deemed as your acceptance of such update.
9. Term and Termination
9.1 This Agreement commences on the date you accept this Agreement and will remain in full force and effect while you use Z Camera, unless earlier terminated in accordance with this Agreement.
9.2 We may (a) suspend your rights to use Z Camera or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated this Agreement. Without limiting the foregoing, we reserve the right to terminate this Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.
9.3 Upon termination of this Agreement, your right to use Z Camera will automatically terminate immediately. The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
10.1 You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.
10.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
10.3 You acknowledge and agree that in the event of violation of any provisions of this Agreement, it shall be settled by all civil, criminal and/or administrative penalties established under the laws of PRC, where applicable.
10.4 This agreement shall be governed by the laws of PRC. Both you and us agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit the issues to Guangzhou Arbitration Commission in accordance with its then current Arbitration Rules.
10.5 We reserve the final interpretation right on this Agreement.
10.6 If you have any comments on the Z Camera and Services or this Agreement, you may contact us (firstname.lastname@example.org), and we will use our best efforts to provide you with timely and necessary assistance.