Welcome to Insta360!
To provide better services for you, before you start to use Insta360 mobile applications, software products and related services, please read carefully and fully understand the terms of the Insta360 User Service Agreement (hereinafter referred to as the "Agreement"), especially the terms of exemption or limitation of liability, applicable law, and dispute resolution. Terms of exemption or limitation of liability and other terms involving your vital rights and interests may be in uppercase or underlined to remind you to pay attention. If you have any questions about this Agreement, please contact Insta360 customer service at email@example.com.
IF YOU ARE A MINOR UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE, PLEASE READ CAREFULLY AND FULLY UNDERSTAND THIS AGREEMENT ACCOMPANIED BY YOUR LEGAL GUARDIAN, AND USE THE PLATFORM SERVICES AFTER OBTAINING THE CONSENT OF THE LEGAL GUARDIAN.
If you have not applied for the registration process, or have been a registered user of the Platform prior to the effective date of this Agreement, by accessing and/or using our Platform Services, you are deemed to agree to be bound by these terms.
Insta360 reserves the right, at its sole discretion, to arrange or designate its affiliates, controlled companies, successor companies or third-party companies approved by Insta360 to provide the services to you as required by Insta360. You acknowledge and agree that by receiving the services, you accept that the rights and obligations of such parties are also governed by this Agreement.
The headings of each term are intended to assist you in understanding the subject matter of the terms and do not affect or limit the meaning or interpretation of the terms of this Agreement. In order to protect your rights and interests, you are advised to read the specific expressions of each term carefully.
If you do not agree with the content of this Agreement, Insta360 will not be able to provide you with the full service, and you may return the products and services through the prompts in the Return and Exchange Policy.
1.1 Platform Operator/We/Insta360: each legal entity that individually or collectively refers to the operation of the Platform.
1.2 Platform: websites and related clients including https://www.insta360.com, https://store.insta360.com/ etc.
1.3 Software: Software means (i) any and all software programs or applications, including software applications downloaded and installed on a desktop or mobile device; (ii) any and all software embedded on Insta360 products (the “Built-in Software”); (iii) any related documentation, modified versions, upgrades or enhancements to such software (unless otherwise expressly specified at the time of update or download), and such software (iii) any related documentation, modified versions, upgrades or improvements to such Software (unless otherwise expressly provided in an update or download), and all subsequent versions, copies of such Software. Our Software includes the following products: Insta360 app, Insta360 ONE X app, Insta360 GO app, Insta360 Nano app, Insta360 Nano S app, Insta360 Air app, Insta360 ONE app, PanoClip app, Insta360 Studio, Insta360 Pro/Pro 2 app, Insta360 Titan app, Insta360 EVO app, Insta360 Stitcher.
1.4 Platform Services: services we provided to you based on the Internet in various forms including the Platform (including new forms of services emerging from future technological development), as detailed in Section 5.
1.5 Platform Rules: all rules, interpretations, announcements, etc. that have been released and subsequently released on all our Platforms, as well as various rules, implementation rules, product descriptions, announcements, etc. issued by the Platform in channels, activity pages, help center, etc.
2. SCOPE OF AGREEMENT
2.1 Contracting parties
This Agreement shall be legally binding on both you and our Platform Operator.
Under this Agreement, our Platform Operator may be changed according to the business adjustment of the Platform, and the changed Platform Operator will comply with this Agreement and provide services to you, and your rights and interests under this Agreement shall be guaranteed. New Platform Operator may be added for the provision of new services on the Platform, and if you use the new services on the Platform, you shall be deemed to agree that the new Platform Operator shall jointly perform this Agreement with you.
In case of dispute, you may determine the subject of performance and the other party of dispute according to the specific service you use and the specific behavior object that affects your rights and interests.
On a global basis, our Platform applies to the areas where use is permitted by laws and regulations, and it is your responsibility to ensure that Insta360 products and services are available legally in your area.
2.2 Supplementary Agreement
Due to the rapid development of the Internet industry, the terms and conditions set forth in this Agreement concluded by you and us cannot fully enumerate and cover all rights and obligations of you and us, and the existing agreements cannot guarantee full compliance with the needs of future development. Therefore, unless otherwise stated, the relevant statements, policies, rules and agreements released on the Platform are all supplementary to this Agreement, which are inseparable from this Agreement and have the same legal effect. If you use our Platform Services, you are deemed to agree to the aforesaid supplementary agreements.
The Platform system may be upgraded occasionally and various new features may be added, including but not limited to the user registration feature and the associated video and picture storage features under the registration account, etc. Your continued use of our Platform Services is deemed to be your knowledge of our Platform system upgrades and changes and your agreement to abide by the latest rules of our Platform.
3. ACCOUNT REGISTRATION AND USE
3.1 User Qualifications
YOU ACKNOWLEDGE THAT YOU SHALL BE A NATURAL PERSON, LEGAL PERSON OR OTHER ORGANIZATION WITH FULL CAPACITY FOR CIVIL CONDUCT WHEN YOU START TO REGISTER, LOGIN AND ACTUALLY USE OUR PLATFORM SERVICES. IF YOU DO NOT HAVE THE AFOREMENTIONED QUALIFICATIONS, YOU AND YOUR GUARDIAN SHALL BEAR ALL THE CONSEQUENCES CAUSED BY THIS IN ACCORDANCE WITH THE LAWS AND REGULATIONS. IN PARTICULAR, IF YOU ARE A MINOR, PLEASE ACCESS AND/OR USE OUR PLATFORM SERVICES WITH THE CONSENT AND GUIDANCE OF YOUR GUARDIAN.
3.2 Account description
After you fill in the information as prompted on the registration page, read and agree to this Agreement and complete the entire registration process, you may obtain an account on our Platform and become a user of our Platform.
You have the right to log in to our Platform using the user name, email address or cell phone number (user name, email address and cell phone number are collectively referred to as "User Name") you set or confirm for our Platform and the password you set (User Name and Password are collectively referred to as "Account"), or log in to our Platform using your Apple ID, Facebook Account and WeChat Account.
Owing to the association between the user's account and user's information, you may transfer your account only if expressly provided by law or regulation, judicial decision or with our consent and in accordance with the Account transfer process set forth in the Platform Rules. Once your Account is transferred, the rights and obligations under the Account will be transferred as well. In addition, your Account may not be transferred in any manner whatsoever, otherwise, all liability arising therefrom shall be borne by you.
4. REGISTRATION INFORMATION MANAGEMENT
4.1 Truthfulness and legality
BY USING OUR PLATFORM SERVICES, YOU CONFIRM THAT THE REGISTRATION INFORMATION YOU PROVIDE ON OUR PLATFORM IS TRUE, ACCURATE, COMPLETE, LEGAL AND VALID, AND THAT ANY CHANGES TO YOUR REGISTRATION INFORMATION SHOULD BE UPDATED IN A TIMELY MANNER SO THAT WE CAN CONTACT YOU IF NECESSARY.
You understand and agree that if the registration information provided by you is not legal, true, accurate or detailed, you shall bear the corresponding responsibilities and consequences arising therefrom and we reserve the right to terminate your use of our Platform Services.
The user name you set up shall not violate the Chinese laws and regulations and the Platform Rules on user name management, otherwise we may suspend the use of your user name or cancel it and report to the relevant competent authorities.
You understand and promise that your user name, avatar and profile and other registration information shall not contain illegal and undesirable information, there shall be no fraudulent use of or association with institutions or social celebrities. You shall abide by the requirements of laws and regulations, national interests, lawful rights and interests of citizens, public order, social morality and ethos and information authenticity in the process of registering your account.
4.2 Update Maintenance
You shall update the information you provide in a timely manner, and in the event that the law clearly requires us to verify the information of some users, we will check and verify your information from time to time in accordance with the law, and you shall cooperate in providing the latest, true and complete information. You shall bear all consequences arising from inaccurate and untrue personal information provided by you.
If we are unsuccessful in contacting you according to the last information you provided, or if you fail to provide information in a timely manner as requested by us, or if the information you provide is obviously inaccurate, you will bear all losses and adverse consequences caused to yourself, others and us.
4.3 Account Security Policy
Your Account is set up and maintained by you. You are advised to keep your account and password secure, to avoid using overly simple passwords, and to ensure that you log out at the end of each online session and leave our Platform in the correct manner. We are not responsible for any loss, forgetting or theft of your account or password that is not caused by our Platform. If you find that your personal information has been compromised, please contact us immediately.
Your Account is for your personal use only and may not be lent or shared with others. When your account is used without authorization, you should immediately notify us, otherwise the unauthorized use is considered your own actions, and you will be responsible for all the resulting losses and consequences.
5. Account cancellation
According to the provision of Insta360 Account Deletion Notice, when you need to terminate the use of our Platform account service, you can apply for cancellation of your account by "Insta360 app-Personal homepage-Edit information-Delete Account", and follow the prompts accordingly to cancel.
6. OUR PLATFORM SERVICES AND SERVICE SPECIFICATION
Our Platform provides you with services including but not limited to the following:
You can connect to and control our camera products, manage camera content (including but not limited to modifying and deleting videos, images, and text in the camera, and share camera content to our servers or other third-party platforms), and other technologies and/or services provided by our Platform (hereinafter the “Other Technologies and Services”).
Our Platform Services are limited to your use on the Platform, and any service obtained by separating the Platform Services from the Platform by malicious cracking or other illegal means is not part of our Platform Services as agreed in this Agreement. The perpetrator shall be responsible for all legal consequences arising therefrom, and we will pursue the legal responsibility of the perpetrator in accordance with the law.
The only legal way to download, register, log in and use our Platform Services is the way officially announced on our Platform, any other channel, any way you obtain our Platform Services (including and not limited to Account, points, experience value, points goods, exchange goods, gifts, downloads, etc.) is illegal, we do not recognize its validity, and once found, we have the right to immediately delete, cancel, clear, block, etc. Any adverse consequences resulting from this shall be borne by you.
We have the right to announce to you (including but not limited to pop-up pages, website announcements, in-site messages, etc.) about the modification, replacement and upgrade of any software and firmware related to our Platform Services. If you do not agree with or accept the modification, replacement or update of the software and firmware related to our Platform Services, please directly refuse to update the relevant update services and stop using our Platform Services, otherwise you are deemed to agree and accept the modification, replacement or update of the software and firmware related to our Platform, and such agreement and acceptance are still subject to this Agreement.
You understand and acknowledge that you have no ownership rights to the derivatives such as usage records, subscriptions, favorites, points, experience value, growth value, rank, identification, coupons, virtual point products, virtual exchange products, virtual gifts, downloads, etc. that you obtain by using our Platform website or our Platform account (unless otherwise announced on our Platform), and we permit you to use them in accordance with our Platform Rules. We will not be liable for any such derivatives. You agree and warrant that you will not use our Platform Services or its derivatives (including, but not limited to, accounts, points, rank, point products, event giveaways, downloads, and other services) for the purpose of reselling, exchanging, pledging, or otherwise illegally trading them for value. You will not use our Platform Services or its derivatives to violate the legitimate rights and interests of others, and you are prohibited from stealing or misappropriating other people's accounts, points, point products, etc. through network vulnerabilities, malware or other illegal means.
You understand and acknowledge that if you pay or top up your Account on our Platform through a third party-payment instrument, any business risks that may arise (including but not limited to illegal activities by wrongdoers using your Account or valuable cards such as bank cards), such risks may cause you corresponding economic losses, and we shall not be liable for your aforementioned risks and losses, provided that we fully perform our obligations under this Agreement and comply with the legal requirements.
7. INTELLECTUAL PROPERTY RIGHTS STATEMENT
7.1 You may upload, post or transmit content, including but not limited to text, software, programs, graphics, images, sounds, music, videos, audio and video, links and other information or other materials (the “Content”) on our Platform through our Platform Services, provided that you assume legal responsibility for such Content.
7.2 YOU MUST ENSURE THAT YOU OWN THE COPYRIGHT OR ARE LEGALLY AUTHORIZED TO USE THE CONTENT THAT YOU UPLOAD OR POST ON OUR PLATFORM. UNLESS PROVEN TO THE CONTRARY, BY UPLOADING OR POSTING CONTENT USING OUR PLATFORM SERVICES, YOU HAVE THE RIGHT AND AGREE TO GRANT US, WORLDWIDE, NON-EXCLUSIVE, FREE OF CHARGE, THE RIGHT TO: (1) store, use, post, reproduce, modify, adapt, publish, translate, create derivative works based on, transmit, perform and display the Content. (2) incorporate the Content, in whole or in part, into any other work, media, or technology of any kind. (3) commercially exploit your uploaded, posted content. (4) to provide your computer terminal, mobile communication terminal (including but not limited to portable communication devices such as cell phones and smart tablets, etc.), handheld digital audio and video playback devices, television receiving devices (analog signal receiving devices, digital signal receiving devices, digital TV, IPTV, playback devices with Internet access, etc.), etc. through wired or wireless networks for the downloading of information, on-demand data transmission, mobile video services (including but not limited to SMS, MMS, WAP, IVR, Streaming, 5G, mobile video and other wireless services), and its related publicity and promotion and other services. (5) sub-license to other third parties for use in the manner described above.
7.3 The intellectual property rights of the content (including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, graphics, layout, electronic documents, etc.) provided by us in our Platform Services belong to us. The copyrights, patents and other intellectual property rights of the software on which we provide our Platform Services are owned by us. No one may use (including but not limited to monitoring, copying, transmitting, displaying, mirroring, uploading, downloading) the content of our Platform Services without our permission, through any robot, "spider" or other program or device.
7.4 Insta360 grants you a non-transferable, non-sub-licensable, limited license to the Built-in Software in our Products. And when using the Built-in Software in our Products you may not: (1) Copy the Built-in Software in our Products or any part thereof; (2) Rent the Built-in Software in our Products or any copy or part thereof to a third party, or permit a third party to use the built-in software for our Products; (3) Modify, decompile, disassemble or reverse engineer the Built-in Software for our Products; (4) use any part of the Built-in Software for our Products to create any service, product or technology; (5) provide the Built-in Software for our Products in any way to the public; or (6) use the Built-in Software for any commercial purpose.
7.5 We provide technical support for the development and operation of our Platform Services and have all rights to all data and information generated in the course of the development and operation of our Platform Services to the extent permitted by laws and regulations.
7.6 Please do not use any of our trademarks, service marks, trade names, domain names, website names or other distinctive brand features, including but not limited to "Insta360" (hereinafter collectively referred to as "Marks"), under any circumstances). You may not display, use, or apply for registration of a trademark, domain name, etc., in any manner, either alone or in combination with the Marks described herein, nor may you do anything that expressly or impliedly entitles you to display, use, or otherwise deal with such Marks without our prior written consent. If you use our trademarks or logos in violation of this Agreement in a manner that causes damage to us or others, you shall bear full legal responsibility.
7.7 You understand and acknowledge that when using our Platform Services, you are exposed to content and information from a wide variety of sources and that we cannot be responsible for the accuracy, authenticity, availability, security, completeness and appropriateness of such content and information. You understand and acknowledge that you may be exposed to content and information that is inaccurate, offensive, inappropriate or objectionable and that you will not hold us liable for such content and information. We do not endorse, recommend or express an opinion on any content and information uploaded, posted or transmitted by users on our Platform, nor do we accept any liability for errors, defects and loss or damage arising from any content and information, and any use of the content and information by you is at your own risk.
7.8 You agree that we may place commercial advertisements or any other type of commercial information in the course of providing the Services on our Platform in various ways (including, but not limited to, placing advertisements in any location on our Platform and placing advertisements in the content you upload or transmit), and you agree to accept that we may send you promotional or other relevant commercial information. While we send the aforesaid information to you, we will provide you with convenient unsubscription method. If you do not need to receive the aforesaid information, you may choose to unsubscribe from relevant services according to the prompt.
7.9 You represent and warrant that your use of our Platform complies and will comply with the provisions of applicable laws and regulations. In any case, once we reasonably believe that your behavior may violate the above-mentioned laws and regulations, we may take the relevant default handling measures in section 11 at any time and without prior notice.
7.10 Without the written consent of us or relevant obligees, you may not implement, utilize, or transfer the above-mentioned intellectual property rights for any commercial or non-commercial purpose by yourself or by any third party.
DMCA Copyright Infringement Notice
We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding the reporting of alleged copyright infringement and the removal of or disabling access to infringing material. If you have a good faith belief that copyrighted material on the Platform is being used in a way that infringes a copyright over which you are authorized to act, you may make a Notice of Infringing Material.
Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. Normally, your notice must include the following:
• Your physical or electronic signature as the copyright owner or as a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
• Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works (User Content) presented on the Platform, a representative list of such works.
• Identification of the User Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that User Content on the Platform (including the provision of links thereto).
• Information reasonably sufficient to permit us to contact you, such as your name and email address, postal address, and telephone number.
• A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by you as the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Termination of Repeat Infringers
We will terminate or disable your use of the Services in appropriate circumstances if you are deemed by us to be a repeat copyright infringer.
Notices must be sent to: Copyright Agent: Arashi Vision Inc. ADDRESS: 12F, Building T2, Qianhai Financial Center, Nanshan District, Shenzhen, Guangdong Province, China Email: firstname.lastname@example.org
8. USER BEHAVIOR SPECIFICATION
8.1 PROHIBITED CONTENT
You understand and warrant that the content you upload, post or transmit on our Platform (including information such as your user name) does not contain content that:
(1) leaks state secrets, endangers national security or damages national honor and interests of any country,
(2) induces minors to commit crimes and exaggerating violence, obscenity, pornography, gambling, murder, and terrorist activities,
(3) infringement of the intellectual property of others,
(4) insults or slandering others, infringing on the privacy of citizens and other legitimate rights and interests of others, or
(5) other contents prohibited by applicable laws, administrative regulations and state regulations.
If the content you upload, post or transmit contains information or content that violates the above laws and regulations, or violates the legitimate rights and interests of any third party, we have the right to suspend or terminate the provision of our Platform Services in accordance with the relevant provisions, save the relevant records and report to the competent government departments, and you will directly bear all the adverse consequences and responsibilities caused by this. At the same time, we have the right to terminate this Agreement and will not assume any responsibility. If this causes adverse consequences to us, you shall be responsible for eliminating the impact and compensating us for all losses caused by this, including and not limited to property damages, reputation damages, attorney's fees, transportation costs and other reasonable expenses incurred for the defense of rights.
8.2. PROHIBITED ACTIONS
(1) Impersonating another person, or you falsely claiming to be affiliated with any person or entity (including setting a false account name or accessing another user's account) when registering for an account or using our Platform Services.
(2) Falsifying headers or otherwise manipulating content in a way that causes others to believe that the content is transmitted by us.
(3) Uploading, posting, emailing or otherwise transmitting content that we are not authorized to transmit (e.g., internal information, confidential information).
(4) Sending any unsolicited or unauthorized spam, advertising or promotional material, or any other commercial communication.
(5) Using our Platform Services for any commercial purpose or for the benefit of any third party without our express permission.
(6) Stalking or otherwise harassing others.
(7) Engaging in any activity or transaction that is illegal or potentially illegal (as determined by us), including teaching criminal methods, selling any illegal drugs, money laundering activities, scams, etc.
(8) Gambling, providing gambling data or inducing others to participate in gambling activities through any means.
(9) Using or exploiting our intellectual property (including our trademarks, brands, logos, any other proprietary data or the layout or design of any web page) or otherwise infringe any of our intellectual property (including attempting to reverse engineer our Platform client or the software used).
(10) license, sell, lease, lend, transfer (except as expressly permitted in Section 7.4), distribute, host, outsource, divulge or otherwise commercially exploit Our Software, or make Our Software available to any third party; remove or modify any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in Our Software;
(11) Accessing our Platform Services, collecting or processing content available through our Platform Services through the use of any automated programs, software, engines, web crawlers, web analytics tools, data mining tools or similar tools.
(12) Engaging in any "framing", "mirroring" or other techniques designed to mimic the appearance and features of our Platform Services.
(13) Interfering or attempting to interfere with any user's or any other party's access to our Platform Services.
(14) Intentionally distributing viruses, network worms, Trojan horses, corrupted files or other malicious code or items.
(15) Sharing or posting personally identifiable information about such persons without the express consent of such persons.
(16) Probing or testing our Platform Services, systems or other users' systems for vulnerability to intrusion attacks or otherwise circumvent (or attempt to circumvent) any security features of our Platform Services, systems or other users' systems.
(17) To decompile or reverse engineer software used by our Platform Services, or attempt to do any of the foregoing.
(18) Opening multiple accounts for the purpose of sabotage or abuse, or maliciously upload duplicate, invalid bulk data and information.
(19) Intentionally or unintentionally violating any applicable laws.
You shall consciously comply with the above provisions, and we have no obligation to review and monitor your compliance with the above provisions; however, we or our authorized persons have the right to require you to correct or directly take all necessary measures (including but not limited to changing or deleting your uploaded or published content, etc., suspending or terminating your right to use the Service) at any time if the personal information you provide is untrue or if you violate any of the above provisions in using the Platform Service to mitigate the effects of your misconduct.
9. INTERRUPTION OR TERMINATION OF SERVICE
9.1 Insta360 may from time to time provide bug fixes, updates, upgrades and other modifications to Our Software (collectively, "Updates"). These Updates may be installed automatically without any additional notice or permission. You agree to such automatic updates. If you do not wish to receive such Updates, your solution is to discontinue using our products and services. The terms of this Agreement shall govern all Updates provided by Insta360 that replace and/or supplement the original Software, except to the extent that such updates are accompanied by a separate license, in which case the updates shall be governed by the terms of that license.
9.2 You understand and agree that the Platform Services provided by us on our Platform are provided in accordance with the current state of technology and conditions. We will do our best to provide the Platform Services to you and to ensure the continuity and security of our Platform Services. You understand that we cannot at any time or at all times anticipate and protect against legal, technical and other risks, including but not limited to force majeure, network causes, defects in third-party services, third-party websites, etc., that may result in interruption of service, failure to use our Platform Services properly and other losses and risks.
9.3 You understand that we need to periodically or irregularly overhaul or maintain our Platform (e.g., internet site, mobile network, etc.) or related equipment on which the Platform Services are provided, and that we shall not be liable for any interruption of our Platform Services for a reasonable period due to such circumstances, but we shall give prior notice whenever possible.
9.4 You are advised to notify us immediately of any unauthorized use of your Account to access our Platform or other circumstances that may result in the theft or loss of your Account. You understand that it will take a reasonable amount of time for us to act on any request from you. Except for our fault, we will not be liable for any consequences that arise before we take action.
9.5 Except for our fault, you are responsible for the results of all actions taken under your Account (including, but not limited to, signing agreements, posting information, purchasing goods and services, and disclosing information online).
10. PROTECTION OF USERS' PERSONAL INFORMATION
10.2 In general, you can browse and modify the information you submit at any time, but for security and identification reasons, you may not be able to modify the initial registration information and other verification information provided during registration.
10.3 We will not disclose your personal information to any company, organization or individual outside of us without your consent, except as otherwise provided by law or regulation.
10.4 We attach great importance to the protection of minors' personal information. If you are a minor under the laws of the jurisdiction in which you reside, you are required to obtain the written consent of your parent or legal guardian before using our platform.
11. LIABILITY FOR BREACH OF CONTRACT
11.1 Both parties shall jointly comply with this Agreement, and if one party breaches the Agreement and causes damage to the other party, the breaching party shall compensate the defending party for the damage.
11.2 Unless otherwise agreed by both parties, if the User breaches any of the obligations, promises, guarantees, etc. in this Agreement, we shall have the right to take one or more of the following measures to deal with the breach at any time concerning the circumstances of the breach, in particular the damage caused to us or the relevant third party. (1) In case you violate this Agreement or other terms of service, we have the right to take measures such as advanced warning, refusal to post, immediate suspension of transmission of information, deletion of content or comments, short-term prohibition of posting content or comments, restriction of part or all of the account features until termination of the provision of services, permanent closure of an account, etc., at our independent judgment and as appropriate, for which you are unable to use your Account and related services normally and We shall not be responsible for any consequences such as not being able to access the relevant rights and interests in your account normally.
11.3 We have the right to announce the results of the processing and decide whether to restore the use of the relevant account according to the actual situation. We will keep records of suspected violations of laws and regulations and suspected illegal and criminal acts, and have the right to report to relevant authorities, cooperate with relevant authorities in investigations, and report to public security authorities, etc. We have the right not to restore the deleted content. (2) If you violate the provisions of this Agreement or other terms of service, resulting in complaints or litigation claims from third parties, you shall deal with them yourself and bear all legal responsibilities that may arise from them. If we, our affiliates, control companies or successor companies pay compensation to any third party or suffer punishment from state authorities as a result of your illegal or breach of contract, etc., you shall also fully compensate us, our affiliates, control companies or successor companies for all the losses suffered as a result. (3) We respect and protect your and others' legal rights and interests such as intellectual property rights, reputation, name rights and privacy. You guarantee that the text, pictures, videos, audio, links, etc. uploaded while using our platform services do not infringe on the intellectual property rights, reputation, name rights, privacy and other legal rights and interests of any third party. Otherwise, we have the right to remove the allegedly infringing content if we are notified by the proprietor or the relevant party. If we, our affiliates, controlled companies or successor companies suffer losses (including but not limited to economic and goodwill losses) as a result of your infringement, you shall also fully compensate us, our affiliates, control companies or successor companies for all losses suffered.
12. SPECIAL AGREEMENT
We provide the services of our Platform as far as the available technology and conditions allow. We are obligated by law, but cannot be held liable for the results of damage caused to you by the maintenance of information network equipment, connection failures, computer, communication or other system failures, hacking activities, computer viruses, power failures, strikes, riots, fires, floods, storms, explosions, war, governmental acts, orders of judicial and administrative authorities or by third parties. We control and provide our Platform Services through facilities in the People's Republic of China, and we do not guarantee that the services controlled or provided are appropriate or available in other countries or regions, and any user using our Platform Services in other jurisdictions should ensure their compliance with local laws and regulations, for which we shall not be liable.
To the extent permitted by applicable law, our Platform disclaims all warranties of any kind, express or implied, including warranties of title, implied warranties of merchantability and warranties of fitness for a particular purpose.
To the maximum extent permitted by applicable law, you expressly acknowledge and agree that your use of our Platform is at your sole risk and responsibility. In no event and for no reason, including negligence, shall we be liable for damages, compensation or resulting losses (including direct, compensatory, incidental, indirect, special, material or punitive damages) arising out of or in connection with our Platform or the terms of our Platform Rules, even if we have been advised of the possibility of such damages, compensation or losses. without prejudice to the generality of the foregoing, we shall not be liable to you or any third party for: (i) your use of, or inability to use, our platform for any reason; (ii) any content provided by or in connection with our Platform; (iii) inaccuracies, incompleteness or errors in the information provided on our Platform; (iv) unauthorized access to, or collection, storage or transmission through our Platform; (v) errors, system failures, network or system outages, file corruption or interruptions in service; or (vi) any other use of our Platform by you. In addition, we shall not be liable if our Platform (or part thereof) is unable to provide the Platform Services or to perform its obligations under this Agreement as a direct or indirect result of equipment, transmission or delivery problems, or other industrial disputes, war, natural disaster, terrorism, explosion, force majeure or other events beyond our control.
To the maximum extent permitted by applicable law and notwithstanding anything in these terms and conditions, our cumulative liability to you for all actions will at all times be limited to FIFTY U.S. DOLLARS ($50).
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law. Nothing in this Agreement shall affect your legal rights as a consumer, nor can such rights be varied or waived by you by agreeing to this Agreement.
14. CHANGES TO THE AGREEMENT
We may amend this Agreement and the Supplemental Agreement in accordance with changes in national laws and regulations and changes in our Platform Services, and we will notify you of such changes (the "Changes") in the manner set out in Section 15 of this Agreement. You should pay attention to our Platform announcements, alerts and changes to the content of the Agreement from time to time.
You acknowledge and confirm that if you do not agree to the Changes, you shall immediately cease using our Platform Services as of the effective date determined by the Changes; if you continue to use our Platform Services after the Changes become effective, you shall be deemed to know and agree to accept the Changes as they become effective.
You agree that we may serve notices of any kind on you in the following reasonable manner. (1) Publicly announced copy. (2) Site messages, pop-up messages, and push messages. (3) Emails, SMS, correspondence, etc., based on the contact information you have reserved on our Platform.
NOTICE ACCORDING TO CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, address and email of the provider of the Platform Services is Arashi Vision Inc., 12F, Building T2, Qianhai Financial Center, Nanshan District, Shenzhen, Guangdong Province, China, postal code: 518000, email@example.com.
Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
16. TERMINATION OF THE AGREEMENT
16.1 Circumstances of Termination You have the right to terminate this Agreement in any of the following ways. (1) If you cancel your account through the website when the liquidation conditions such as account cancellation as published on our Platform Website are met. (2) If you discontinue use and expressly do not wish to accept the Changes before they become effective. (3) You expressly do not want to continue to use our Platform services and meet the conditions for termination of our Platform.
16.2 We may terminate this Agreement by giving you notice in the manner set out in clause 15 of this Agreement if: (1) you breach this Agreement and we terminate this Agreement pursuant to the breach clause. (2) you transfer your Account, steal another person's account, publish prohibited content and information, cheat others, or use improper means to make profits, and we seize your Account in accordance with our platform rules. (3) in addition to the above, your Account is blocked by us in accordance with our Platform rules because you have repeatedly violated the relevant provisions of our Platform Rules and the circumstances are serious. (4) your Account is canceled or liquidated by us in accordance with this Agreement. (5) you have violated the legitimate rights and interests of others or other serious violations of the law in our Platform. (6) other cases where we should terminate the Platform Services in accordance with relevant laws and regulations.
17. Export Control and Economic Sanctions Laws
You agree to comply fully with all U.S. and foreign export control and economic sanctions laws and regulations that apply to the Services (including but not limited to Export Administration Regulations and other relevant laws/regulations), including restrictions on any use of the Service where data is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Service, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government export embargo, or that has been sanctioned by the Office of Foreign Assets Control, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties (including but not limited to Entity List, Denied Persons List, Special Designated Nationals, etc.) and shall not by any means export/reexport/transfer (in-country) any of our product or Service to such person.
18. Government End Users
The Services we provide are "commercial items" as defined in FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as used in FAR 12.212 and DFARS 227.7202, respectively. If the Services are acquired by or on behalf of the U.S. Government, the U.S. Government will have only the rights agreed upon in this Agreement pursuant to FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable.
19. APPLICABLE LAW, JURISDICTION AND OTHER
If you reside inside the European Union, these Terms and any action related thereto will be governed by the laws of the Member State where you are domiciled. In case of a dispute the competent courts of the Member State where you are domiciled will have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
If you reside outside of the European Union, these Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Central District of California and each of the parties hereto waives any objection to exclusive jurisdiction and venue in such courts. You are also protected by any mandatory provisions in the laws of the country/region in which you reside. Nothing in this Agreement (including the preceding paragraph) will affect your rights as a consumer to rely on mandatory provisions in your local law.
If any provision of this Agreement is deemed to be invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.