These Terms and Conditions (“Agreement”) constitute a legally binding agreement made between you that guide your use of our Apps. Please read these Terms and Conditions carefully before using or using the Services. By downloading and using the app, you agree that you have read, understood, and agree to be bound by all these Terms and Conditions Use. If you do not agree with all these Terms and Conditions, you are expressly prohibited from using the app and must discontinue your access to the app immediately. Continued use of the app will constitute acceptance of these Terms and Conditions.
1.Limited License to the Application
Subject to the terms and conditions of this Agreement, we grant you a personal, limited, non- exclusive and non-transferable license to install and use the Application for personal purposes on any iOS or Android based device (including, but not limited to iPad, iPhone or iPod touch) that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service (the “Usage Rules”) or Google's Play Store Terms of Service. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application, and Apple and Google have no obligation to furnish any maintenance and support services regarding the Application. The terms of this license will govern any upgrades provided by us that replace or supplement the original Application unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. USE OF OUR SERVICE
2.1 Restricted Uses. You agree not to: (a) Unless otherwise indicated, copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license or otherwise exploit all source code, databases, functionality, designs, audio, video, text, photographs, and graphics on the app (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) for any commercial purpose whatsoever. We reserve all rights not expressly granted to you in and to the app, Content, and the Marks; (b) develop or make use of any third-party applications that interfere with or disrupt the operation of our app without written permission from us, including any scripts designed to gather or extract data from our app; (c) use the app for any illegal or unauthorized purpose, or encourage, propagate, or participate in, any activity that conflicts with this Agreement; (d) use the app as part of any effort to compete with us or otherwise use the app and/or the Content for any revenue-generating endeavor or commercial enterprise; (e) remove or delete the copyright or other proprietary rights notice from any Content; (f) upload or transmit (or attempt to upload or to transmit) any viruses, malicious code, worms, or any software designed to interfere with any party’s uninterrupted use and enjoyment of the app or to modify, impair, disrupt, alter the use, features, functions, operation, or maintenance of the app; g) interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the app; (h) attempt to bypass any measures of the app designed to prevent or restrict access to the app, or any portion of the app; (i) trick, defraud, or mislead other users.
2.2 Grant of Rights. Subject to the Terms and Conditions of this Agreement, you are granted a personal, nonexclusive, non-transferable, and non-sublicensable license and right to access and use the app.
2.3 Ownership. Unless specified otherwise, we own worldwide intellectual property rights as well as all right and interest in the app, including any features, content, trademarks, service marks and logos contained in the app. The app provided to you is licensed and not sold.
3. USER CONTENT
3.1 Definition. Our service allows you and other users to create and share (“Make Available”) content, including photos, videos, and other materials (collectively, “User Content”).
3.2 Warrants. When you Make Available any User Content, you thereby represent and warrant that: (1) You are solely responsible for controlling, maintaining and protecting all User Content that you Make Available, or that is otherwise processed, through the app. You are solely responsible for all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. (2) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Contributions in any manner contemplated by the app and this Agreement.
3.3 Prohibited Content. You agree to abide by any and all applicable local, state, national and foreign laws and regulations, applicable to your use of the app and your User Content. You will not infringe, misappropriate or violate any contract, intellectual property rights, trademark, trade secret, moral rights or other third-party rights. You will not Make Available User Content: (1) that is obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us); (2) contains or depicts sexual acts or sexually explicit or pornographic material; (3) that violates any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors; (4) that is unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
3.4 License Grant. By using respective features of the app you hereby grant to us a
non-exclusive, worldwide, royalty-free, sublicensable and transferable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display,
publish, distribute, transmit, broadcast and otherwise exploit your User Content to the extent and for the purposes necessary to operate the App and apply its features.
3.5 Feedback. You may choose to or we may invite you to give feedback on including without limitation about how to improve the app. You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use, incorporate, or otherwise exploit any ideas and information from you in any manner that we see fit. You agree that no confidential or proprietary information will be submitted to us.
3.6 Storage. Unless expressly agreed by us in writing, it is not our obligation to store any of your User Content that you Make Available. We are not liable for the deletion or failure to store, transmit any User Content.
3.7 Audit of Compliance. We reserve the right to, without notice, audit your User Content in our discretion directly related to this Agreement in order to verify compliance with the Terms and Conditions. When we reasonably believe that your User Content conflicts Terms and Conditions in this Agreement, we may remove or modify your User Content at any time for any reason at our sole discretion without notice.
4. Update/Termination to Application
4.1 We shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Application, including but not limited to content or features, without notice to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Application with or without notice or liability. From time to time, we may make available updates or upgrades to the Application via software download or other means. Such download may occur automatically without the need for an act on your part, or it may require you to manually down an update or upgrade through the same source from which the Application was originally downloaded. Certain functions of the Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by us or otherwise.
4.2 The Application may contain information about us or other products or services. That information is accurate as of the date the Application is made available for download to you. Such information about us or other products or services may be updated from time to time, including without limitation, when the Application may be updated or upgraded. You should periodically check whether an updated or upgraded version of the Application is available for download.
4.3 You agree that we may terminate your use of this Application, and/or exercise any other remedy available to it, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of us or any third party, or for any reason with or without notice to you. You agree that we will not be held liable to you or any third party as a result thereof.
ts, services, actions or failure to act of any other third party in connection with the Application.
5. THIRD PARTIES
5.1 App Stores. You acknowledge and agree that: (1) the availability of the app and is dependent on the third party from whom you received the app license, e.g., the Apple App Store (“App Store”); (2) this Agreement is between you and us and not with the App Store. We, not the App Store, are solely responsible for the app, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement); (3) to pay all fees (if any) charged by the App Store in connection with the app; (4) to comply with, and your license to use the app is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the app; (5) the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
5.2 Third-party Services. If you connect our app to a third-party service, you agree to let us access the information stored in your third-party services in accordance with your settings on that service and make use of it. We are not responsible for your use of any third-party services or for any of your information the third-party service shares with us. We have no obligation to audit, censor, and do not approve, encourage, or make any representations or warranties with respect to third-party services. You are solely responsible for your use of any third-party services.
5.3 Interactions with Other Users. We reserve the right, but are not responsible for auditing or moderating disputes between you and other users. You acknowledge and agree that you may be exposed to User Content Made Available by other users that is objective, inaccurate, or otherwise contradictory to your purpose, and you agree that we will not be liable for any damages you allege to incur as a result of any third-party User Content. You are solely responsible for your interactions with other Users.
5.4 Third-party Websites and Content. The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Application or relating to any applications you use or install from the Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
6. DISCLAIMERS OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE DO NOT MAKE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) THE SERVICES WILL BE ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (B) THE SERVICES WILL BE UNINTERRUPTED; AND/OR (C) THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, LAWFUL, OR
NON-INFRINGING. ANY TUTORIALS OFFERED ARE FOR YOUR INFORMATION ONLY, AND YOU MAY NOT MAKE USE OF THEM FOR ANY ACADEMIC, VOCATIONAL OR PROFESSIONAL CERTIFICATION.
7. FEES
You agree to pay whatever fees and other charges are presented to you when you subscribe to a Paid Subscription or paid Service Content.
Notice. All notices required to be sent to us under this agreement should be sent via email to thirteenleafclover@aliyun.com