Terms of Service
Last Modified: 3 September 2024
Thank you for choosing BeautyCam.
Important: Before you use BeautyCam (as defined below),
we advise you to carefully read and make sure you understand the provisions of this BeautyCam
Service
Agreement (this “Agreement”), especially those Sections that are underlined and in bold, which
might exclude or limit our liabilities or highlight your obligations. BEAUTYCAM 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 BeautyCam. If you have any
questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please
cease using BeautyCam immediately. If you have any questions regarding BeautyCam
or wish to provide feedback (including, but not limited to, suggestions and complaints) to us, you can contact
us via email at global.support@meitu.com (please
quote “BeautyCam” in your email title), or via
registered mail at Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong
(attention:
Legal Department, Meitu).
- Scope of this Agreement:This Agreement is made between you and Meitu
(China) Limited and its affiliates who assist us with respect to the provision of the services
(collectively, “we”,
“us” or “our”)
for your use of BeautyCam. This Agreement incorporates Meitu Account Regulations and 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 BeautyCam. Because BeautyCam is evolving over time, we
may change or discontinue all or any part of BeautyCam at any time and without notice, at our sole and
absolute discretion. If you continue to use BeautyCam after we have posted updated version of this
Agreement, you are agreeing to be bound by the updated version of
this Agreement. “BeautyCam” is a software product developed,
operated and managed by us. Under this Agreement, “BeautyCam” refers
to the BeautyCam mobile applications (the “App”), the
website set up by us for BeautyCam, and other services provided by us as part of the App and/or the website.
- Protection of User Information and Personal Information:It is our
fundamental principle 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 and 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 BeautyCam immediately
and you may contact us via the contact details as first written above.
- Non-commercial Use of BeautyCam: You
agree to use BeautyCam in a reasonable and legal manner in accordance with this Agreement. Unless otherwise
stipulated, you may only view, share, store, use, transmit and post photos, videos and other content via
BeautyCam for your personal and non-commercial purposes, and you may not transfer your rights under this
Agreement, whether for consideration or free of charge, without our prior written consent.
- Your Use
of BeautyCam:You shall
be fully responsible for your use of BeautyCam and for your User Content (as defined below). You shall not
produce, store or post any following information via BeautyCam:
- photo or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual
innuendo;
- information that infringes the legitimate rights of others, including, but not limited to, the reputation
right, portraiture right, privacy right and intellectual property rights;
- information that contains content defaming, coercing, humiliating, abusing, harassing, threatening, palming
off/passing off or intimidating another person or entity, or personal information of another person or
entity including, but not limited to, credit card information, social security number or other national
identification number, non-public telephone number or non-public email address;
- information that creates unfair competition, including, but not limited to, content with
ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and
unauthorized content;
- information that violates the terms of this Agreement, laws, rules, regulations, policies, social order and
information that disturbs BeautyCam’s normal operation;
- information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or
other form of solicitation;
- information that helps or encourages others to do any of the above; or
- information that is otherwise deemed inappropriate by us.
Although we are not obligated to monitor access to or use of BeautyCam
or
to review or edit any User Content, we have the right to do so for the purpose of
operating BeautyCam, to ensure
compliance with this Agreement and to comply with applicable law or other legal and regulatory requirements. We
reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without
notice, including, but not limited to, if we, at our sole and absolute discretion, consider any 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 BeautyCam.
If you violate this Agreement, you agree that we may, at our sole and absolute discretion or
as required by applicable law, rules, regulations and policies, and without notice to you, take any action
deemed appropriate by us, including, without limitation: (i) removing any offending User Content; (ii)
suspending or terminating your access
to BeautyCam, (iii) ceasing to
provide you with any services related to BeautyCam,
and (iv) taking measures to restrict your access to your account.
- Virtual Goods and Subscription Service.
We are entitled to charge fees for certain premium contents or features (if any), such as filters, templates and stickers, advertisement privileges
and other virtual goods that you may use with BeautyCam (collectively, the “Virtual
Goods”) via our subscription service (the “Subscription
Service”). Subscription period will depend on type of subscription that you choose
when you sign up for the service (the “Subscription Period”). You
agree that the Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to
transfer any Virtual Goods to anyone else. You also agree that any Virtual Goods purchased or Subscription
Service and membership subscribed by you through the App downloaded from one app store (such as any Mainland
China version of an Android app store) cannot be recognized and used on the same App downloaded from another app
store (such as Google Play Store), and vice versa. This means that, you will not be able to transfer or carry
over any Virtual Goods or Subscription Service or membership that you have purchased or subscribed for, between
the same App if downloaded from different app stores.
Ownership of Virtual Goods. You acknowledge that you do not own the Virtual Goods but
instead, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable
license to use them for personal use in accordance with the terms of this Agreement and only within BeautyCam.
Use of Virtual Goods. You are only allowed to obtain the Virtual Goods from us through using
BeautyCam, and not in any other way. You may not:
- transfer the Virtual Goods to anyone else;
- use the Virtual Goods other than as expressly provided by the license you purchased with respect to such Virtual Goods;
- use the Virtual Goods in a pornographic, defamatory or deceptive context, or in a manner that could be considered inappropriate, libelous, obscene or illegal;
- use the Virtual Goods in any way that allows others to download, extract, resell or redistribute content as a standalone file;
- use the Virtual Goods (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trademark, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such Virtual Goods (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the Virtual Goods or any similar content (including by us, our customers, or the copyright owner of such content);
- falsely represent that you are the original creator of the content that is made up largely of licensed Virtual Goods;
- portray any person depicted in the Virtual Goods (“Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, etc.; (b) in connection with the advertisement or promotion of tobacco products; (c) in a political context; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
Subject to our compliance with applicable laws, rules, regulations and
policies, we may:
- at any time control, regulate, change or remove any Virtual Goods without any liability to you; and/or
- revise the pricing for the Virtual Goods.
By purchasing and/or using the Virtual Goods and our Subscription Service, you confirm that
you have read and agreed to be bound by this Agreement and any additional terms presented to you that are
applicable to the Virtual Goods (the “Additional VG Terms”).
We may from time to time at our sole and absolute discretion update this Agreement and/or the
Additional VG Terms without providing any notice to you. If you are unwilling to accept this Agreement or the
Additional VG Terms (including all or part of the provisions of any future updated version of this Agreement and
the Additional VG Terms), you must immediately cease your use of the Virtual Goods or Subscription Service.
We may change or discontinue all or any part of the Virtual Goods or Subscription Service, at any time and
without notice, at our sole and absolute discretion, including, without limitation, making
adjustments/improvements to our Subscription Service or the Virtual Goods based on our product planning and the
country or area you are in.
Cancellation. You can cancel your subscription at any time and you will continue to have access to the
Subscription Service through the end of the Subscription Period. To the extent permitted by the applicable laws,
payments are non-refundable and we do not provide refunds or credits for any partial Subscription Periods or
unused BeautyCam content. To terminate the Subscription Service, please go to:
If you cancel your subscription, your access to the Subscription Service will automatically be terminated at the
end of the Subscription Period.
Auto-renewal of Subscription Service. By signing up for our Subscription Service, you agree that your
subscription will be automatically renewed at the end of each paid Subscription Period, unless you cancel it,
and you authorize us to charge your billing account associated with your app store account (the
“Billing Account”) for the renewal term. The auto-renewal may be
turned off by the user in his/her app store account settings following the first payment of the subscription
fees. Deleting the BeautyCam app from the device does not necessarily result in cancellation of the
Subscription Service.
Where an auto-renewal subscription is offered, the purchase offer will indicate the subscription’s
duration, price and terms of payment. The following conditions apply with respect to our auto-renewal
Subscription Service:
- payments will be charged to user’s Billing Account at confirmation of purchase, without the
requirement of user’s password, SMS verification etc.;
- the subscription of our Subscription Service will automatically renew, unless the user cancels the
auto-renewal of the Subscription Service at least 24 hours before the end of the current billing cycle (on
app store). Cancellation of a subscription and/or of auto-renewal will not entitle user to any refunds; and.
- User’s Billing Account will be charged for renewal within 24 hours prior to the end of the current
Subscription Period. Once the payment has put through, you shall be eligible to our Subscription Service for
the relevant Subscription Period. If your Billing Account balance is insufficient to pay for the
subscription fee, we shall conduct a second automatic deduction from your Billing Account within the same
day. If your Billing Account balance is still insufficient to settle the subscription fee of the upcoming
cycle, we shall cease to provide you with our Subscription Service. Any transaction costs, local tax charges
or other fees relating to the processing of your payment method incurred in relation to the above charges
shall be borne by you.
Passwords and Account Access. If you create an account in the App, you are responsible for any activity
that occurs through such account. To maintain control over the account and to prevent anyone from accessing the
account, you should maintain control over BeautyCam ready devices that are used to access the service and not
reveal the password associated with the account to anyone. You are responsible for updating and maintaining the
accuracy of the information you provide to us relating to your account. We can terminate your account or place
your account on hold in order to protect you, us and our partners from identity theft or other fraudulent
activity.
- Content Ownership and License.
Definitions. For purposes of this Agreement: (i) “Content”
means text, audio, photos, images, videos, graphs, and other information, material or content, works of
authorship of any kind, and information or other materials that are posted, generated, provided or otherwise
made available through BeautyCam; (ii) “Our Content” means any
Content that is, either directly or indirectly, posted, generated or otherwise made available to users of
BeautyCam (including you) through BeautyCam by us, including, without limitation, product features built into
BeautyCam such as filters, fonts, text, special effects, stickers, borders, backgrounds and templates music; and
(iii) “User Content” means any Content uploaded or provided
by users of BeautyCam and to be made available through BeautyCam, but excluding any Our Content (or derivatives
thereof).
Content Ownership. We do not claim any ownership rights in any User Content and nothing in this Agreement
will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the
foregoing, we and our licensors exclusively own all right, title and interest in and to Our Content and all
associated intellectual property rights. You acknowledge that BeautyCam and Our Content are protected by
copyright, trademark, and other laws of the Hong Kong Special Administrative Region of the People’s
Republic of China ( “Hong Kong”), the United States and other
foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying BeautyCam or Our Content. For greater
certainty, if you incorporate any of Our Content into your User Content (for example, images, designs or filters
that we provide that you add to User Content you create or share), we will retain all rights to Our Content and
any derivatives thereof.
Rights in your User Content. By making any User Content available through BeautyCam, you
hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with
the right to sublicense, to: (i) use, copy, modify, adapt, communicate, make available, distribute, publicly
display, publicly perform and do all other acts comprised in any intellectual property rights in or to your User
Content in connection with
operating BeautyCam and
providing services to you,
in
any form, format, media or media channels now known or later developed or discovered; and (ii) optimize and
improve the functions of BeautyCam. In the
event that such User Content contains the personal information, likeness and voice (or other biographical
information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or
licenses for your use of such information and that we and our sub-licensees are allowed to use them to the
extent indicated in this Agreement.
Your Responsibility for your User Content. You are solely responsible for all your User Content. You
represent and warrant that you own all your User Content or you have all rights that are necessary to grant us
the license rights in your User Content under this Agreement. You also represent and warrant that neither your
User Content, nor your use and provision of your User Content to be made available through BeautyCam, nor any
use of your User Content by us on or through BeautyCam will infringe, misappropriate or violate any third
party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any
applicable laws, rules or regulations.
Removal of User Content. You can delete your User Content at any time by specifically deleting it.
However, in certain instances, some of your User Content may not be completely removed, and copies of your User
Content may continue to exist on BeautyCam or outside of BeautyCam. In addition, User Content you delete
may persist for a limited period of time in backup copies. We are not responsible or liable for the removal or
deletion of (or the failure to remove or delete) any of your User Content on your device. Further, where your
User Content is publicly available (such as those you shared to any other third-party platforms), you
acknowledge that we cannot control whether people will copy or reproduce such User Content and how they are
going to use such copies of such User Content, and we have no responsibility in this regard. You agree that you
will not have any claims against us arising from or relating to third parties using image, design, video and
other materials that derive from or are based on your User Content in any form, including, in particular,
publishing on the Internet. Although we have no obligation to screen, edit or monitor User Content, we shall
also have the right to delete or remove any User Content in our sole and absolute discretion and without notice
to you.
Rights in Content Granted by us. Subject to your compliance with this Agreement, and subject to the
license terms in Section 5 of this Agreement with respect to Virtual Goods, we grant to you a limited,
non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement,
access and view the Content (excluding your User Content) solely in connection with your permitted use of
BeautyCam and solely for your personal entertainment, study, research or appreciation purposes that are
non-commercial. You shall not use Content (excluding your User Content) for any commercial purposes without our
prior written consent.
- Advertising: BeautyCam may include advertisements in connection with
providing BeautyCam 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 BeautyCam. 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 BeautyCam 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.
- Feedback:We welcome feedback, comments and suggestions for improvements
to BeautyCam(the “Feedback”). You can submit the Feedback by
emailing us at global.support@meitu.com (please
quote “BeautyCam” in your email title), by registered mail at Unit 8106B, Level
81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department,
Meitu), or by using the “Feedback” feature in the App. 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.
- License for the App.
Subject to your compliance with this Agreement, we grant you a limited royalty-free, non-exclusive,
non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or
computer that you own or control and to run such copy of the App solely for your own personal non-commercial
purposes as expressly permitted by this Agreement. You may not copy the App, except for making a reasonable
number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not:
(i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend
or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the
functionality of the App available to multiple users through any means. We reserve all rights in and to the App
not expressly granted to you under this Agreement.
- Indemnity: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 BeautyCam 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.
- Disclaimer:You agree to use BeautyCam at your own risk. BeautyCam
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 BeautyCam or any of the materials contained therein, will be continuous, uninterrupted, timely,
error-free, or secure. Operation of BeautyCam 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 BeautyCam or any materials contained therein.
- Limitation of Liability: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 BeautyCam, 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.
- Not Responsible for Third Parties: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. BeautyCam 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.
- Force Majeure and Other Grounds for Exemption: Your use of BeautyCam 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.
- Modification, Suspension, and Termination
of BeautyCam:Except as
otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the
operation of BeautyCam and/or your access to BeautyCam 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 BeautyCam.Upon
any such cancellation, suspension or termination, the following Sections of this Agreement will survive:
Sections 3 to 8 and 10 to 17.
- Notification of Infringement: We have the right to investigate notices of
copyright, trademark and other intellectual property infringement
( “Infringement”) in respect of Our Content, User Content and
other material on the App and the 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 App and the 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 by email to compliance@meitu.com (please quote BeautyCam) in your email title) or mail to
Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong(attention: Legal
Department, Meitu)or you may send an email to
global.support@meitu.com (please
quote “BeautyCam” 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 App and 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.
- Governing Law and Dispute Resolution: 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. 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.
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 or account.
Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and
transmitted through the Internet to BeautyCam’s 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.
- Specific Terms for Users in the European Union and the United Kingdom.
The following specific provisions apply to users in the European Union and the United Kingdom:
- In addition to the choice of law made in Section 18 of this Agreement, the following shall apply: The
statutory provisions limiting the choice of law remain unaffected. In particular, within the territorial
scope of Article 6(2) of European Union Regulation (EC) No. 593/2008 (so-called “Rome I Regulation”)
the following applies: If the law of the country where you, as a consumer, at the time of conclusion of the
contract have your habitual residence (hereinafter “right of residence”) contains provisions for
your protection which may not be deviated from by agreement under the right of residence, the (more
favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the
mandatory provisions of the right of residence despite the choice of law pursuant to Section 18 of this
Agreement.
- With regard to the Virtual Goods and Subscription Service, the following shall apply in addition: In
accordance with the EU Directive 2011/83/EU and the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013, consumers, within the territorial scope of the said Directive and
Regulations (as applicable), generally have a statutory right of withdrawal/cancel when concluding a
distance selling contract, about which we will inform you below in accordance with the statutory model
instructions on withdrawal.
Model instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us of your decision to cancel this contract by a clear
statement by email to global.support@meitu.com (please
quote
“BeautyCam” in your email title) or by mail to Unit 8106B, Level 81, International
Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu) of your
decision to withdraw from this contract by an unequivocal statement. You may use the attached model
withdrawal
form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise
of
the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the
costs
of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery
other than the least expensive type of standard delivery offered by us), without undue delay and in any
event
not later than 14 days from the day on which we are informed about your decision to withdraw from this
contract.
We will carry out such reimbursement using the same means of payment as you used for the initial
transaction,
unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such
reimbursement.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To Meitu (China) Limited, Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road
West,
Kowloon, Hong Kong (attention: Legal Department, Meitu). e-mail: global.support@meitu.com (please quote
“BeautyCam”
in your email title);
— I/We (*1)
hereby
give notice that I/We (*1)
withdraw
from my/our (*1)
contract
of sale of the following goods (*1)
/for
the provision of the
following
service (*1)
,
— Ordered on (*1)
/received
on (*1)
,
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*1)
Delete
as appropriate.
- Specific Terms for Users in Korea for Location-based Services.
The following specific provisions apply to users in Korea for the use of Location-based Service (“LBS”):
- Description of Service
- The LBS provided by us and the purpose and period of retention of personal location information are as follows:
Name of Service
|
Description of Service and
Purpose of Processing Personal Location Information
|
Period of Retention of Personal Location Information
|
Targeted advertising service
|
Provision of targeted advertising services using personal location information
|
Period necessary to provide services to users
|
Geotagging service
|
Geotagging of photo taken at landmarks, etc.
|
- Weshall automatically record and retain data verifying the use and provision of location information pursuant to
Article 16, Paragraph (2) of the Location Information Act for at least 6 months.
- When we achieve the purpose of use or provision of personal location information, weshall immediately destroy
the personal location information so that it can no longer be associated with the user, except for the data
verifying the use and provision of location information referred to in Paragraph (b); provided, however, that if
we are required to retain such information under other laws, we may retain such personal location information as
required by applicable law.
- Service Usage Fees and Conditions
LBS do not incur additional charges, but fees apply to users utilizing subscription materials or features
- Use or Provision of Personal Location Information
- If we intend to provide the LBS by using personal location information, we shall specify the same in advance
in this Agreement and obtain consent from the location information subject of personal location information.
- We do not provide personal location information to a third party designated by you.
- If you give your consent pursuant to Paragraph (a), you may defer your consent as to any part of the purposes of
use and provision and this Agreement.
- Rights of Personal Location Information Subject and Methods of Exercise Thereof
- You may ask usto stop processing your personal location information at any time. In such case,
we shall destroy the personal location information that it has provided and the data verifying the use and
provision of the location information; provided, however, that (i) if you partially withdraw your consent to the
processing of personal location information, we will destroy only the personal location information and the
data verifying the use and provision of location information that corresponds to the withdrawn consent; and (ii)
we may retain such information as is necessary to comply with applicable laws.
- You may request us to temporarily suspend the use or provision of your personal location information at any
time, in which case we shall not refuse such request. We have the technical measures required to
temporarily suspend the use or provision of personal location information.
- You may request usto allow you to inspect, or notify you of any of the following data, and may request
us to correct any error found in such data. In such case, we shall not refuse such request from you
without any justifiable reason.
- Data verifying the use and provision of location information regarding you; or
- Grounds for and details of provision of your personal location information to a third party made in accordance
with the provisions under the Location Information Act or other laws.
- You may request to exercise your rights under Paragraphs (a) through (c) via the APP.
- Contact Information of Meitu
Our trade name and address are as follows:
- Trade name: Meitu (China) Limited
- Address: Unit 8106B, 81/F, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong
- Main phone no.: +852 2321 6637
- Representative email address: compliance@meitu.com
- Specific Terms for Users in Vietnam
If you are a Vietnamese citizen or are using the App in Vietnam, the following additional terms apply.
- The provider of the App in Vietnam is Meitu (China) Limitedhaving the
following company details: address at Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road
West, Kowloon, Hong Kong.
- In addition to the content set out in Section 4 of this Agreement, you must not produce, store or post any
following information via BeautyCam:
- content containing propaganda against the State of the Socialist Republic of Vietnam, including:
- propaganda that distorts and defames the people’s government;
- psychological warfare, inciting wars of aggression, division, causing hatred between nations, religions and
people of other countries;
- insulting the nation, national flag, national emblem, national anthem, great people, political leaders, famous
people, national heroes.
- information that harms the national security, social order and safety, obstructing the great national unity.
- content that incites riots, disrupts security and/or disrupts public order, including:
- appealing, encouraging, inciting, threatening, causing division, conducting armed activities or using violence
against the people’s government;
- appealing, encouraging, inciting, threatening, persuading people to participate in public gatherings to cause
disruption or resist law enforcers or obstruct the activities of agencies and organisations, thereby
threatening security and order.
- content that is humiliating or slanderous, including:
- content that serious insults the honour, reputation and dignity of others;
- fabricated or false information that violates the honour, reputation, dignity or causes damage to the legitimate
rights and interests of other agencies, organisations and individuals;
- content that violates economic management order, including:
- fabricated or false information about products, goods, money, bonds, bills, government bonds, checks and other
valuable papers;
- fabricated and false information in the fields of finance, banking, e-commerce, electronic payment, currency
trading, capital mobilisation, multi-level marketing and securities.
- content that is fabricated or false and which causes public confusion, causes damage to socio-economic
activities and/or obstructs the operations of state agencies or law enforcers or infringes the legitimate rights
and interests of other agencies, organisations and individuals;
- content that includes state secrets, work secrets, business secrets, personal secrets, family secrets, private
life contrary to law, military, security, economic, foreign affair secrets and other secrets as prescribed by
law;
- content used for appropriating property, organising gambling on the internet or theft of telecommunications
charges on the internet;
- content used for forgery of websites of agencies, organisations or individuals, counterfeiting, circulating,
stealing, buying, selling, collecting, and illegally exchanging credit card and bank account information of
others, illegally issuing, providing, or using payment instruments;
- content that promotes, advertises, buys and sells goods and services on the prohibited list according to the
provisions of law;
- content used for instructing others to commit illegal acts;
- content used for other acts of using cyberspace, information technology, and electronic means to violate the law
on national security, social order and safety;
- content that propagates and incites violence, lewdness, depravity, social evils, superstition or which destroys
the nation’s fine customs and traditions;
- content that spreads prohibited journalistic, literary, artistic, and published works;
- content of impersonating organisations and individuals and/or spreading fake or false information that harms the
legitimate rights and interests of organisations and individuals.
- In the event we do not provide you with such information required of us under law in an accurate of sufficient
manner, you may exercise such rights as available to you under the applicable law, including to agree on the
method for handling the Agreement with us, unilaterally terminate the Agreement and notify us of such
termination within 30 days from entering this Agreement (upon which you will not be required to pay any cost in
order to terminate the Agreement save in respect of costs incurred in connection with the part of App, Virtual
Goods or Subscription Service used) and to request a competent authority to declare the Agreement invalid or to
cancel the Agreement according to civil law in Vietnam.
- The courts of Hong Kong shall have exclusive jurisdiction to settle any dispute arising out of or in connection
with this Agreement.
- Language.
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 be controlling.
美颜相机用户协议
欢迎您使用美颜相机!
特别提醒:
(1)在您(以下或称 “用户”)开始阅读并决定是否接受《美颜相机用户协议》( “本协议”)之前,特别提醒您仔细阅读并留意本协议中加粗并以下划线提示的内容。
(2)未满14周岁的未成年人用户请在法定监护人陪同下仔细阅读本协议并决定是否同意接受本协议。
(3)您应当在仔细阅读本协议后,选择是否接受本协议;若您接受本协议的内容,您可以开始使用美颜相机的功能和服务;若你对本协议存在疑问,或者无法全部或者部分接受本协议,或者在使用过程中需要向美颜相机公司反馈(含建议、投诉、举报等),您可通过以下方式联系我们:客服QQ:800019025,邮箱:support@meitu.com / legal@meitu.com,电话:400-0093-360。
(4)美颜相机的部分功能和服务是由第三方平台提供的(例如:娱乐中心、钱包中的部分功能、照片打印等)。鉴于本协议不适用于任何其他第三方向您提供的功能和服务,若需开通和使用该功能和服务,请关注第三方功能和服务的用户协议。
(5)您在使用美颜相机中的美图证件照服务时,该服务另有单独的《美图证件照用户协议》、《美图证件照个人信息保护政策》、《美图证件照权益纠纷投诉处理规则》等(以下统称为“单独协议”),您在使用该项服务前请阅读并同意相关的单独协议;您使用前述特定服务,即视为您接受相关单独协议;如您对单独协议的任何疑问,可根据首部联系方式与我们联系;您未认可单独协议时,暂时无法使用相应服务。
1.本协议的范围:本协议是您与美颜相机公司以及与美颜相机相关服务可能存在运营关联的公司( “关联公司”)之间关于您使用美颜相机所订立的协议。本协议的内容同时包括《个人信息保护政策》与《美图账号规则》。美颜相机公司及其关联公司可能根据自身对商业、法律与政策等要素的判断,随时更新本协议。未经您明确同意,我们不会削减您按照本协议享有的合法权利。
2.用户个人信息保护:保护您的用户个人信息是美颜相机公司及其关联公司的一项基本原则。您同意,美颜相机公司及其关联公司将按照《中华人民共和国个人信息保护法》等相关法律法规、个人信息保护标准,及本协议及《个人信息保护政策》的规定收集、使用、存储、管理和保护您的用户个人信息。若您对《个人信息保护政策》全部或者部分条款或者有疑问的,您可根据首部联系方式与我们联系。
3.美图账号与安全:为更好地使用美颜相机,您可自行注册美图账号或者在使用其他方式登录情况下随机生成美图账号;关于您使用美图账号的具体规则,请遵守《美图账号规则》规定。请您在获得美图账号后自行妥善保管账号及密码或者其他登录方式下的账号及密码;因您保管不善可能导致美图账号与密码失窃、账号被盗用等情况,将使您的权益受损。您可根据《美图账号规则》规定随时终止您的账号,美颜相机公司也将根据《美图帐户规则》规定管理您的账号。
4.用户使用方式:您应当合法使用美颜相机。除非另有约定,您在美颜相机使用、保存、浏览、分享、转发的任何他人所发布/分享的图片、视频及其他内容,均不能用于商业性用途,且权利人声明不得转发的,不可转发。
5.特效功能:您通过使用美颜相机的拍摄、编辑、AI绘画和美化等功能制作的图像或证件照(以下统称“用户图像”)中所含有的知识产权归您所有。美颜相机已经推出/将来可能推出的美颜特效功能(例如:拍照、图片精修、萌拍、全身模式、同款挑战、超清人像、男生模式、宝宝长相预测、期刊相机、美图证件照、发型管家、大头贴、动漫模板、美老师证件照、水印相机、多格相机、一键生成海报、像素风等),当您使用此类功能时,您需上传人脸图像信息进行图像处理,以完成特效制作,生成的图像将返回您的设备终端。该信息的上传和处理为提供本功能所必须。我们会按照法律的要求,对您的该类信息在传输和存储的过程中采取严格的加密措施,以确保您的信息安全,对该信息的使用仅限于为您提供本功能服务。服务完成后,系统将自动删除上述信息,不予留存。美颜相机产品未来可能改版或迭代,此条款并不意味着美颜相机公司必须提供相关功能或服务的承诺,也不改变您对用户图像的所有权及其知识产权归属,更不影响您对用户内容任何合法使用。
6.美图相册功能:本功能基于中国移动云盘的云存储能力实现,您可以将拍摄或修好的图片存储到美图相册,也可以将本地相册内容上传至美图相册云,存储后可多端查看,长久备份,释放本地空间。该服务另有单独的服务协议《美图相册用户规则》,您在使用该项服务前请阅读并同意相关的单独协议。在您使用美图相册时,如您还未注册中国移动云盘账号,在您自主阅读并同意《美图相册用户规则》、《中国移动云盘用户协议》及《中国移动云盘隐私政策》后,您将注册成为中国移动云盘会员。
7.美图社区(或称“MT社区”)内容发布:美图社区为美颜相机公司向用户提供的内容分享、传播及获取的平台,美图社区通过API技术搭载于美图秀秀APP、美颜相机APP及WinkAPP等美图系产品中,因此您于美图社区中发布的内容将同时展示于上述应用程序客户端中。
8.用户社区内容:除非另有约定,您通过美图社区发布的原始内容的所有权、知识产权及其他法律权利,归您、您的许可方或者您的关联方所有。为提高您内容曝光量及发布效率,美颜相机将:
(1)在保留您的账户昵称/作者水印的前提下将您发布的内容同步/分发至美颜相机及其关联企业、合作方运营的客户端及网站上(如美图秀秀、美拍、官方公众号、官方微博等),若您不同意此种曝光方式或存有疑问,请通过本协议公示的方式通知美图秀秀公司;
(2)在您权益受到侵犯并且导致美颜相机公司及其关联公司权益受损情况下,如第三方侵犯了您在美颜相机上分享内容之版权,您愿与美颜相机公司及其关联公司作为一致行动人,授予美颜相机公司及其关联公司同时代表您,针对进行该侵犯行为的任何第三方,提出警告、投诉、发起或参与行政执法程序或民事、刑事司法程序,或谈判和解,并且您可以在美颜相机公司及其关联公司认为必要的情况下共同参与该维权行动。
9.用户使用行为规范:您应对使用美颜相机的行为负责。严格遵守本协议内容,并依据国家相关法律法规规章制定,严格遵守以下义务:
(1)不得传输或发表:煽动抗拒、破坏宪法和法律、行政法规实施的言论,煽动颠覆国家政权,推翻社会主义制度的言论,煽动分裂国家、破坏国家统一的的言论,煽动民族仇恨、民族歧视、破坏民族团结的言论;
(2)从中国大陆向境外传输资料信息时必须符合中国有关法规;
(3)不得利用本客户端从事洗钱、窃取商业秘密、窃取个人信息等违法犯罪活动;
(4)不得干扰本客户端的正常运转,不得侵入本客户端及国家计算机信息系统;
(5)不得传输或发表任何违法犯罪的、骚扰性的、中伤他人的、辱骂性的、恐吓性的、伤害性的、庸俗的、淫秽的、不文明的等信息资料;
(6)不得传输或发表损害国家社会公共利益和涉及国家安全的信息资料或言论;
(7)不得教唆他人从事本条所禁止的行为;
(8)不得利用在本客户端注册的账户进行牟利性经营活动;
(9)不得发布任何侵犯他人著作权、商标权等知识产权或合法权利的内容。
若您违反本协议,美颜相机公司有权根据自身的判断或法律与政策的需要,自主决定并可在不预先通知您的情况下,全部或者部分地选择:(1)暂停或终止对您的软件使用许可并停止相应技术服务,采取包括但不限于限制、冻结或终止美图账号使用措施,并由您自行承担美图账号无法使用后果;和(2)诉诸行政执法机构或者司法机关,以追究相应法律责任。若因您违反本协议导致任何第三方损害的(含美颜相机公司及其关联公司),您应当独立承担责任;美颜相机公司及其关联公司遭受损失的,您也应当依法赔偿。
10.投诉举报处理:美颜相机公司倡议您共同参与维护及监督美颜相机使用环境的合规与清洁。无论是美颜相机公司主动发现用户的不当、违法行为,或者是美颜相机公司根据举报、投诉并初步查实用户存在不当、违法行为,美颜相机公司均有权立即在无事先通知的情况下采取必要的措施以制止该等行为的继续进行。
11.增值服务:美颜相机公司及其关联公司可能针对部分服务以收费方式提供,如您使用收费服务,请您在认真仔细阅读增值服务相关协议并选择是否接受该协议,如您选择接受的,您应当遵守相关的协议。若您对相关协议及其修改和变更存在疑问的,您可按照首部联系方式与美颜相机公司进行联系。若您为未满14周岁的未成年人,请您在法定监护人陪同下,认真仔细阅读增值服务相关协议并选择是否接受该协议及其服务。
12.会员服务:在您购买美颜相机紫钻VIP后,您可以独享美颜相机的所有功能、素材(IP联名素材除外),您可在本产品内查阅了解会员权益。请您注意,美颜相机紫钻VIP资格不可转让予其他任何人,同时美颜相机紫钻VIP所提供的功能、素材仅用于个人用途,不能用于商业用途。在您确认购买美颜相机紫钻VIP后,相关费用会从您的账户收取(iOS用户将从苹果账户收取;Google Play用户将从Google账户收取;Android用户将从支付宝账户或者微信账户上收取)。如果您选择“连续包月、连续包季、连续包年”,订阅将会自动续订,并在下个周期的对应日扣费;但Android用户若续期开始日期在28号之前(包含28号),则自动扣款日为下个周期的对应日,而续期开始日期在28号之后,则自动扣款日为下个周期的28号,例如,续期开始日期为3.29日,下一个周期的自动扣款日为4.28日(包月)、6.28日(包季)、次年3.28日(包年)。用户如何取消订阅:iOS用户--如需取消连续订阅,请手动打开 iPhone 的「设置」,进入「iTunes Store 与 App Store」点击「Apple ID」,选择「查看 Apple ID」进入「账户设置」页面,点击「订阅」,选择「美颜相机」取消订阅即可。Google Play 用户--如需取消连续订阅,请手动打开 Google Play 的「设置」,进入「订阅管理」,选择「美颜相机」取消订阅即可。使用支付宝连续订阅的用户--如需取消连续订阅,打开「支付宝」,进入「我的」-「设置」-「支付设置」-「免密支付/自动扣费」,选择「美颜相机紫钻VIP自动续费服务」关闭服务即可。使用微信支付连续订阅的用户--如需取消连续订阅,打开「微信」,进入「我」-「支付」-「支付管理」-「扣费服务」,选择「美颜相机紫钻VIP自动续费服务」关闭服务即可。用户如需取消订阅,请在扣款日前提早24小时取消订阅,否则可能因系统的原因无法取消当期订阅。
13.广告:美颜相机中可能包括广告,在使用美颜相机过程中您可能接收由美颜相机公司及其关联公司或者其第三方合作伙伴发布的广告信息。美颜相机公司及其关联公司依照法律的规定对广告信息发布履行相关义务后,,如根据《广告法》对广告内容进行合法性审查。同时,您应当自行判断广告信息的真实性并为自己的判断行为负责。
14.第三方照片打印服务。当您使用美颜相机中接入的第三方照片打印服务时(如印鸽),我们可能应第三方供应商的请求将您上传需打印的图片内容分享给照片打印供应商,用于完成打印服务。除此之外,该照片打印服务及交易、寄售、售后行为均发生于第三方平台。
14.第三方功能和服务:美颜相机中的部分功能和服务(例如:娱乐中心、钱包中部分功能、照片打印、中国移动云盘)由第三方提供。您理解,美颜相机公司是中立平台,第三方提供的功能和服务由该第三方独立运营并在法律责任范围内独立承担相应责任,您应当仔细阅读第三方产品介绍及平台规则,并慎重选择第三方服务,否则因该第三方使用您的个人信息产生纠纷,或第三方违反相关法律法规或本协议约定,或您在使用第三方的功能和服务过程中遭受损失,请您和第三方协商解决。
16.知识产权声明:美颜相机本身自带的所有版本、技术、程序、素材、道具和信息内容(“美颜相机自带信息内容”,包括但不限于产品功能、人机界面、操作步骤、商标、专利、计算机软件作品等)的知识产权均归美颜相机公司、美颜相机公司许可方或美颜相机公司关联公司所有,美颜相机公司及其关联公司对您的软件使用许可在任何情况下均不应视为向您转让其知识产权的部分或者全部。您通过美颜相机下载、使用的任何素材及其他美颜相机自带信息内容,仅限您个人娱乐、学习、研究或者欣赏使用,未经美颜相机公司书面同意,不得用于任何商业用途。您使用美颜相机AI绘画功能、AI头像、AI换背景、AI写真等AI功能所生成的效果图,限您个人娱乐、学习、研究或者欣赏使用,不可用于任何商业用途。
17.不可抗力及其他免责事由:美颜相机在使用过程中会受到如下不可抗力或者其他因素的影响,包括但不限于:政治原因、社会环境、自然灾害、经济危机、计算机病毒或黑客攻击、服务器或系统不稳定、您所在的特殊位置、任何技术能力、网络质量以及通信线路、计算机故障(以下统称
“免责事由”)。因上述免责事由给您造成损失的,美颜相机公司在法律与政策允许的范围内免责,但若出现上述免责事由时,美颜相机公司将于第一时间在能力所及最大范围内进行修复或者及时补救。
18.适用法律与纠纷管辖:本用户协议适用中华人民共和国大陆地区法律。本用户协议项下争议,由被告住所地法院管辖。
19.定义及其他
(1) “美颜相机”是指美颜相机公司及其关联公司开发、运营、管理的一款应用软件产品,旨在为您提供本协议范围内免费、非独占和全球范围内的软件使用许可及技术服务。本协议项下的
“美颜相机”根据不同的语境将可能指美颜相机移动端、美颜相机公司为美颜相机设立的独立网站或者美颜相机公司围绕美颜相机软件产品提供的相关技术服务。
(2) “美颜相机公司”指厦门鸿天创视科技有限公司或经由厦门鸿天创视科技有限公司授权,运营、上架和推广不同版本美颜相机的实际运营公司,如厦门美图网科技有限公司等。
(3) “素材”指由美颜相机公司提供的已经内置于美颜相机的或者未来即将内置的包括但不限于字体、文字、特效、贴纸、边框、背景、模板等用于美化您照片与视频的相关素材与信息。