Last Modified: 30 August 2022
Important: Before you use MeituGenius Website (as defined below), please carefully read and make sure you understand the provisions of this Terms of Use (this “Agreement”), especially those Sections that are underlined and in bold, which might exclude or limit our liabilities or highlight your obligations. MEITUGENIUS WEBSITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use MeituGenius Website. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using MeituGenius Website immediately. By using MeituGenius Website, you are entering into this binding Agreement with us. If you have any questions regarding MeituGenius Website or wish to provide feedback (including, but not limited to, suggestions and complaints) to us, you can contact us via email at mtgenius@meitu.com (please quote “MeituGenius Website” in your email title).
This Agreement is made between you and MeituEve International Limited and its affiliates who assist us with respect to the provision of the services (collectively, “we”, “us” or “our”) for your use of MeituGenius Website. This Agreement incorporates the Privacy Policy. We may update this Agreement from time to time at our sole and absolute discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Agreement, you must not use or must immediately cease your use of MeituGenius Website. Because MeituGenius Website is evolving over time, we may change or discontinue all or any part of MeituGenius Website at any time and without notice, at our sole and absolute discretion. If you continue to use MeituGenius Website after we have posted updated version of this Agreement, you are agreeing to be bound by the updated version of this Agreement.
“MeituGenius Website” refers to the website set up by us under mirror.meitu.com, and other services provided by us as part of the website. “MeituGenius Website Services” refer to the services provided by us pursuant to this Agreement.
It is a fundamental principle of us to protect your user information and personal information. You agree that we will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement (including the Privacy Policy). If you are unwilling to accept or have any question related to the Privacy Policy in whole or in part, please do not use or do cease using MeituGenius Website immediately and you may contact us via the contact details as first written above.
You shall be fully responsible for your use of MeituGenius Website. Your use of MeituGenius Website is subject to all applicable laws and regulations and you are not allowed to use MeituGenius Website in any way, or where applicable, upload any User Content (as defined below) on MeituGenius Website that:
Although we are not obligated to monitor access to or use of MeituGenius Website or to review or edit any User Content, we have the right to do so for the purpose of operating MeituGenius Website, to ensure compliance with this Agreement and to comply with applicable laws or other legal and regulatory requirements. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole and absolute discretion, consider any User Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conducts that affect the operation of MeituGenius Website.
If you violate this Agreement, you agree that we may, at our sole and absolute discretion or as required by applicable laws, rules, regulations and policies, and without notice to you, take any action deemed appropriate by us, including, without limitation: (i) removing any offending Content; (ii) suspending or terminating your access to and use of MeituGenius Website; or (iii) ceasing to provide you with any services related to MeituGenius Website.
Definitions. For purposes of this Agreement, “Content” means information, materials or content or works of authorship of any kind that are uploaded, generated, provided or otherwise made available by you through MeituGenius Website; (ii) “Our Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of MeituGenius Website (including you) through MeituGenius Website by us; and (iii) “User Content” means any Content uploaded or provided by users of MeituGenius Website and to be made available through MeituGenius Website, but excluding any of Our Content (or derivatives thereof).
We may include advertisements in connection with providing MeituGenius Website Services to you, which you acknowledge that it supports the provision of the services by us and hence is reasonable and legitimate. You agree to receive advertisements made available to you by us or third-party partners while you are using MeituGenius Website. Subject to our compliance with any applicable laws related to the provision of advertisements, we do not select, review or screen advertisements and are not a supplier of any of these products or services. We make no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via MeituGenius Website to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. Unless otherwise stipulated by applicable law, we are not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.
We welcome feedback, comments and suggestions for improvements to MeituGenius Website (the “Feedback”). You can submit the Feedback by emailing us at mtgenius@meitu.com (please quote “MeituGenius Website” in your email title). You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of MeituGenius Website or the provision of User Content, including, without limitation, actual or alleged violation of any laws, rules, regulations or other legal rights, or any breach of any term in this Agreement, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You agree to use MeituGenius Website at your own risk. MeituGenius Website is provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of MeituGenius Website, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of MeituGenius Website may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of MeituGenius Website or any materials contained therein.
To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of MeituGenius Website, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted.
We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, 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. MeituGenius Website may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Your use of MeituGenius Website may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, we shall have no liability to perform any of our obligations affected thereby, which obligations shall be suspended, and we shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by applicable law.
Except as otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the operation of MeituGenius Website and/or your access to MeituGenius Website at any time, in our sole and absolute discretion and without any notice. We shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and arising in connection with your use of MeituGenius Website. You will not receive any refunds if your access to the service is suspended or terminated due to your breach of this Agreement. Upon any such cancellation, suspension or termination, the following Sections of this Agreement will survive: Sections 3 to 14.
We have the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Content and other material of MeituGenius Website (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the website of MeituGenius Website, please notify us in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”). All Infringement Notices shall be sent to us via email at compliance@meitu.com (please quote “MeituGenius Website” in your email title).
Where we remove any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the website prior to such removal by us. You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on linked sites or other third-party sites.
This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of Hong Kong, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and us to the exclusive jurisdiction of Hong Kong. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you and us.
Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content.
Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to MeituGenius Website servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. We will assume no responsibility for any data loss that is not solely caused by us.
The following specific provisions apply to users in the European Union and the United Kingdom:
This Agreement is prepared and drafted in English, but may be translated into other languages. Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall prevail.