在使用魔漫相机官网(以下简称“本站”)服务前,请您务必仔细阅读并透彻理解本声明。您可以选择不使用魔漫相机的服务,但若您使用本站服务,您的使用行为将被视为对本声明全部内容的认可。

一、知识产权声明

1. 本站所提供的所有产品、技术、程序及所有信息内容(包括但不限于背景图片、文字、签名、商标、标识)的知识产权均归北京百舜华年文化传播有限公司(以下简称“本公司”)所有。

2. 除法律特别规定或者政府明确要求者外,在未取得本公司书面明确许可前,任何单位或者个人不得对本公司的任何知识产权进行任何目的的使用,包括但不限于全部或局部复制、转载、引用、传播、更改和链接。

3. 任何用户使用本站,即表明该用户主动将其在所上传图片中的任何著作权、商标权或其他知识产权权利无偿许可给本公司使用,且表明该用户放弃对本公司主张所上传图片中任何知识产权、肖像权及隐私权的权利。

4. 本站仅供个人娱乐。任何用户通过使用本应用所生成之图片中的任何著作权、商标权或其他知识产权权利均为本公司所有。非经本公司书面明确许可,任何单位或个人均不得对通过使用本应用所生成之图片进行商业性使用。且本公司有权就任何主体侵犯上述权利之行为单独提起诉讼,并获得全部赔偿。

5. 本公司可按自身判断随时对本声明进行修改及更新。对本声明的所有改动一经发布即产生法律效力,并适用于改动发布后对本应用的一切使用行为。如用户在经修改的声明发布后继续使用本应用,即代表用户接受并同意了这些改动。

6. 任何违反本应用知识产权声明的行为,本公司保留进一步追究法律责任的权利。

二、免责声明

1. 用户上传至本站的相关图片均为其自行提供,用户依法应对此承担全部责任,并保证该图片不会侵犯任何第三方的知识产权或其他合法权益。

2. 如果用户上传的相关图片因侵犯第三人权利而导致本公司被任何第三方投诉、起诉、索赔或者遭到行政处罚,并由此导致本公司需要承担任何责任或损失的,用户保证承担全部责任,并补偿由此给本公司造成的全部损失。

3. 基于互联网的特殊性,本公司对服务的及时性、安全性无法作出担保,也不对用户上传图片的保存、修改、删除或储存失败负责,不承担非因本公司过错所导致的任何责任。

Welcome to MomentCam!

Please read the following Terms of Use (“Terms”) carefully before using MomentCam (“this Website”).

This Website is offered to you conditional upon your acceptance of these Terms. By downloading, using this Website or accessing any service made available by MomentCam (collectively, the “Service”), you indicate your acceptance of the Terms. The Service is owned or controlled by Beijing Baishunhuanian Media Corp. (the “Company”). These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.

1. Notice

1.1 You must be at least 18 years old to download this Website. If you are under 18, you agree that your parent or legal guardian has reviewed and agreed to these Terms and has agreed to your using the Service.

1.2 The Company may revise any portion of these Terms, or any other policies or guidelines governing the Service, at any time, in its sole discretion and without advance notice to you. Any changes will be effective upon posting of the revised Terms on the Site. Your use of the Service will be subject to the most current version of the Terms posted at the time of such use. Your continued use following our posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to the Terms, please immediately discontinue the use of the Service.

2. Usage License

2.1 Permission is granted by the Company to temporarily download one copy of this Website for personal, non-commercial transitory viewing only. This permission constitutes a grant of license, but not a transfer of title, which is non-transferrable and non-exclusive.

2.2 Under this license, you may not:

(1) modify, reproduce, adapt, prepare derivative works based on, perform, display, distribute, transmit, sell or otherwise exploit any materials, graphics and text content, or object code (collectively, “Materials”) of this Website for commercial or non-commercial purpose;

(2) attempt to decompile or reverse engineer any Materials of this Website;

(3) remove any copyright or other proprietary rights incorporated in or accompanying any Materials of this Website; or

(4) transfer any Materials to another person or “mirror” any Materials of this Website on any other server.

2.3 This license shall automatically terminate if you violate any of restrictions and conditions of these Terms, at any time. Upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.

3. Intellectual Property Rights

3.1 You acknowledge and agree that any materials, technology, copyrights, patent rights, trademarks, confidential information and other proprietary rights in connection with the Service is owned by the Company and/or its related parties, which is protected by applicable intellectual property laws and other laws. Except as expressly authorized by the Company, you agree not to copy, modify, rent, lease, sell, distribute, display or create derivative works based on the Service.

3.2 You acknowledge and agree that, by accessing this Website, you grant a royalty free, non-exclusive, non-revocable, sub-licensable worldwide license to the Company for any intellectual property rights contained in the photos uploaded by anyone using your account or device. And you further acknowledge and agree that you disclaim any intellectual property rights, privacy rights and/or image rights contained in above materials against the Company.

3.3 This Website is only for personal entertainment. Any photos processed, edited and generated using the Service, whoever uploads these photos, are copyrighted work of the Company. Except as expressly authorized by the Company, you agree not to use any photos processed, edited and generated using the Service for any commercial purposes. The Company has the standing to sue by itself and can be fully indemnified for lawsuits against any party who infringes the rights contained in such photos.

3.4 By uploading any photos, you represent and warrant that such photos do not infringe upon any third party intellectual or personal rights, including but not limited to, copyrights, patents, trademarks, trade secrets, privacy or other personality rights. Should the Company be made aware of any photos uploaded by you that could be infringing on a third party’s rights, Company may remove such photos, at its sole discretion.

4. Content and Conduct

4.1 You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, and other content (collectively, “Content”) that you submit, upload or edit via the Service at every stage, which includes editing, uploading, posting, sharing, emailing or otherwise transmitting or making available Content via any of the Services provided.

4.2 The Company does not guarantee the storage of Content and is not intended as a back-up solution, thereby is not responsible for Content that is lost or damaged.

4.3 By using the Service, you agree that it is prohibited to edit, upload, post, share, email or otherwise transmit or make available any of the following:

(1) Content that is unlawful, abusive, obscene, pornographic, profane, harmful, threatening, abusive, harassing, vulgar, defamatory, libelous, invasive of another's privacy, or hateful racially or ethnically.

(2) Content that you do not have a right to edit, upload, post, share, email or otherwise transmit or make available according to any law, or due to contractual or fiduciary relationships.

(3) Content that could infringe intellectual property rights or other proprietary rights without the explicit permission of the owner and the persons.

4.4 The Company expects you to use the Service in a lawful and respectful manner. In particular, by using the Service, you agree not to partake in the following:

(1) download content posted by another user that you know, or reasonably should know in a manner that is not lawful.

(2) advertise or offer to sell or buy any goods or services for any business purpose, unless the Company explicitly allows such messages.

(3) interfere with or disrupt the Service or servers or networks connected to the Company, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

(4) violate any code of conduct or other guidelines which may be applicable for any particular area of the Service, including any applicable local, state, national or international laws, or other regulations with jurisdiction.

5. Disclaimer of Warranties

5.1 The Materials of this Website are provided “as is”. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

5.2 The Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials of this Website or otherwise relating to such Materials.

5.3 The Company does not warrant or make any representations that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses.

6. Limitation of Liability

In no event will the Company or its directors, officers, employees, agents or partners be liable to you or any third party for any damages whatsoever, including without limitation damages arising under contract, warranty, negligence, strict liability or any other theory, or resulting from any other matters relating to the Service or the Content. 

7. Indemnification

You agree to defend, indemnify and hold the Company harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):

(1) your Content or your access to or use of the Service;

(2) your breach or alleged breach of these Terms of Use;

(3) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

(4) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

(5) any misrepresentation made by you.

8. Miscellaneous

8.1 These Terms of Use are entered by the Beijing Baishunhuanian Media Corp. with you at the time of first use of the Website.

8.2 The formation of these Terms of Use, their validity, interpretation, execution and settlement of disputes shall be governed by the relevant laws of regulations of China without regard to the principles of conflicts of law embodied therein.

8.3 Where any dispute arises from, out of, or in connection with these Terms of Use, the Company and users shall negotiate for a resolution. If the negotiation fails, either party may file a lawsuit with relevant People’s Court.

8.4 If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

8.5 These Terms of Use shall become effective once you use this Website. These Terms of Use were written in English. To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Contact Us:
Galaxy SOHO
No. 7A Xiao Pai Fang Hutong
Dongcheng District, 100010
Beijing, China
Phone Number: 8610-57419159
Email: corporate@manboker.cn

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