Terms of Service
Terms of Service
Welcome to Vivid Wallpaper(our “App” or “Service”), operated by Herobot Co., Limited (“we” or “us”). This Terms of Service (this “Agreement”) is a legal agreement between you and us regarding your downloading, installation and use of this App and related Service.
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, PLEASE STOP USING THE APP IMMEDIATELY.
We have the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, we will treat your use as acceptance and compliance with the updated terms.
1. Scope of the App License
1) We grant you a personal, revocable, non-transferable and non-exclusive license to use the App. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the App or use the Service on your smart mobile end-device, including but not limited to tablet, smart phone (“end-device”) for non-commercial purposes.
2) You may not use the App under the following conditions:
you shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way;
you shall use the App for lawful purposes only;
you shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App;
you shall not conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test the App system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the App system normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.
3) You may not use the App in a way that may lead to damage, suspension, overloading or quality reduction to the App (or server and internet connected to the App), or in the way that may affect the Service provided.
4) You promise not to copy, grant a sub-license, share or sell the App or the Service to any others. You are fully responsible for any fees and expense arising therefrom.
5) We reserve all rights not expressly granted to you. And this license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.
2. Intellectual Property Rights
1) You acknowledge and agree that we possess any and all the lawful rights and interests of the App, including any intellectual property rights involved in the App and Service.
2) The information in the App includes but not limited to words, software, audios and videos, photos, diagrams, all contents in advertisements, the commercial information we offer to you, etc., which are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these contents only when you have our authorization; no unauthorized reproduction, modification or compilation of these contents or creation of relevant derivative works are permitted.
3) Unless you have otherwise reached written agreement with us, this Agreement does not authorize you to use the App name, trademark, service mark, logo, domain name or any other sign with distinctive brand feature relating to us.
3. Privacy and Personal Information
We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law on data protection by taking necessary measures and comply with the same in collecting, processing, transmitting and storing your personal information. Please be sure to read carefully our Privacy Policy which specifies the way we collect and use your personal information, etc.
4. Use by Juveniles
The App does not directly target any juvenile users. If you are a juvenile user and decide to use the App any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the App under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use the App in a correct way.
5. Content
1) As the App user you may submit graphics, photos and any other materials (collectively “Content”). You understand that, whether or not the Content is published, we do not guarantee any confidentiality with respect to such Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and are not responsible for any loss of the Content.
2) You retain all of your ownership rights in your Content submitted, however, by uploading, posting or otherwise transmitting your Content on or to the App, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Content. You also permit other users to access, display, view, store and reproduce such Content for personal use under these terms of this Agreement.
3) When you provide your Content to the App, you understand and accept complete responsibility for your Content, including any consequences that may arise. 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 such Content. As such, you represent and warrant that you own or have (and will continue to have during your use of the App) been granted all necessary licenses, rights, consents and permissions for such Content.
4) You agree that your conduct through the App will comply with (and you agree that all 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 assignees 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.
5) You agree that you will not post or upload any Content 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.
6) You agree that the 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.
7) On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such 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 such Content, at any time, without prior notice and at our sole discretion.
6. Paid Services
1) Subscriptions
Subscription provides access to dynamic content or services from within this Product on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in this Product (“Subscription Period”). Payment will be taken from Your iTunes account when You confirm the Subscription by available confirmation tools of this Product.
2) Trial
Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in this Product. If you do not cancel the Subscription within such period, Subscription fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the 3 days trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. We cannot cancel your free-trial subscription if it has already been activated.
3) Auto-renew
Subscription is automatically renewable, unless you turn off it at least 24 hours before the expiry of the current Subscription. Subscription fee shall be taken from Your iTunes account during 24 hours preceding the expiry of the current Subscription. In case Subscription fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.
4) Cancel subscriptions
Once you have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your iTunes account setting. You cannot cancel Your current Subscription if it has already been activated.
If you properly terminate your paid subscription, you will not be charged for future months (or other periods, as stated in the subscription terms). However, you will not receive a refund for an unused portion of a month (or other period) for which you have already paid.
5) We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount.
YOU ACKNOWLEDGE THAT IF YOU ELECT TO PURCHASE A SUBSCRIPTION YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES (INCLUDING OUR FEES AND CREDIT CARD HANDLING FEES) HAVE BEEN INCREASED.
7. Indemnification
You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.
8. Limitation of Liability and Disclaimer
1)You acknowledge and agree that the App may have potential risks like service interruption, failure to respond to user's request, 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.
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.
3) In view of business development and adjustment, we reserve the right to amend or terminate the 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.
4) The Service which is not officially released or authorized by us and the derivative works of us are illegal. user's downloading, installation, and using this App may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
5) You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
9. Update，Discontinuation, Suspension and Termination of the App
1) You have the right to stop using the App at any time.
2) The App may be updated from time to time. You may at your own discretion decide whether to accept the updates or not. We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.
3) We reserve the rights to amend, interrupt, suspend or terminate to provide the App based on the actual situation at any time, which includes but not limited to the memory space obtainable to a single user, the nature and quantity of the contents uploaded and other data or the ability of the users on continuously accessing the App and the Service, etc.
4) You agree that we may, without prior notice, suspend or terminate the Service related to the App if:
you are in breach of these Terms;
we do so subject to the applicable law or requirements of competent authority; or
other condition upon which we need to do so.
4) Upon termination of the Service, we, subject to the applicable law and regulation, reserve the right to completely delete all information of you, and we shall no longer undertake obligations to you.
10. Others
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.
2) Without written authorization from other side, user may not assign or transfer the rights granted by these Terms, or assign the designated responsibilities and obligations to others.
3) The validity and interpretation of these Terms is applicable to laws of the People’s Republic of China (“PRC”). If any provision in these Terms conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both we and users agree to resolve the issues arising from these Terms through consultation. If consultation fails, either side can submit the issues to arbitration in accordance with this clause, then any such dispute will be finally and exclusively settled by the China International Economic and Trade Arbitration Commission (CIETAC) South China Sub-Commission for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
4) We reserve the final interpretation right on these Terms.
11. Contact Us
If you have any questions about the Service or this Agreement, or if you would like to obtain a previous version of the current document, feel free to contact us at vividlivewall@gmail.com