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1. Scope and Acceptance of the Agreement
These Terms of Service (hereinafter referred to as "these Terms") form a legally binding agreement between you and Luxi Liu (hereinafter referred to as "the Company", "we" or "our"). It covers your download, access or installation of our mobile application products (hereinafter referred to as "our applications") and websites related to our applications. Our applications and websites are collectively referred to as our "products".
Using our products means that you agree to these Terms and our privacy policy, as well as all the terms and conditions stipulated therein, including accepting arbitration to resolve disputes and waiving the right to participate in class actions.
2. Restrictions on Product Use
Using our products in a way other than as specified in these Terms is a violation of these Terms and is strictly prohibited. When using our products, you may not transmit, publish, post, upload, distribute or disseminate the following in any way:
1. Damaged files, viruses, Trojans, worms, spyware, time bombs, cancelbots or any other similar software or programs;
2. Defamatory, infringing, vulgar, pornographic, obscene, lewd, offensive, inappropriate, blasphemous or illegal content, or any hate speech (i.e. racist/discriminatory speech).At the same time, you may not:
3. Hinder others from using our products or interfere with the normal operation of the products;
4. Access the products in a way not provided by us (including prohibiting the use of any scripts, spiders, robots or other automated mechanisms to access our products);
5. Distort your identity in any way when using the products;
6. Overload the computer system we use to provide and maintain the products in any way;
7. Violate any laws, regulations or rules related to the use of our products.In addition, you may not copy (except for backup purposes only), rent, sell, distribute, transfer, license, sublicense and/or rent any of your products to any third party or for the benefit of any third party.
3. Features and Contents of Products
(1) Our products include applications and websites. The application is mainly used for searching and discovering mobile applications, allowing you to access content, perform Internet searches, discover new services and functions, and enhance your digital experience. The website is usually an online extension of the application and/or an information resource about the features and functions of the application.
Some search functions of the product can be deployed through extensions and browser settings, and may set the start page, new tab page, browser homepage and/or default search settings according to your choices. In some cases, you can decide to refuse and/or exit these settings on your own.
(2) All content that appears on the product and/or can be accessed through it, including but not limited to images, text, logos, marks, design treatments, advertisements, data, links, articles, videos, music, sounds, graphics and software, etc. (collectively referred to as "product content") belongs to the provider, and that party is fully responsible for such product content.
You agree not to use the product content for purposes other than the intended use of the product unless you obtain the written permission of the owner. You may find that some product content is unseemly, offensive or objectionable, but you bear the risk of accessing it. We do not guarantee the accuracy and completeness of the product content and reserve the right to change, delete and/or add product content at any time. Product content from third parties does not represent our recognition. If you have any questions, claims or complaints, you should directly contact the third party.
If the product allows you to transmit, upload, publish or otherwise provide content, you will be fully responsible for such content and guarantee that you have the relevant rights.
4. Intellectual Property Rights
Between you and us, our products, including all applications and websites, as well as related codes, product content, software and/or documents, as well as our names, logos, marks and all intellectual property rights are exclusively owned by us and are protected by trademark, copyright and patent laws in the United States and other jurisdictions.
"Intellectual property rights" include all copyrights, trademarks, trade secret rights and rights related to issued and pending patents around the world. You may not copy, modify, sell, etc. and use our products and related intellectual property rights in any way. Without consent, you may not remove, change or delete our ownership statements.
Between you and the owner of third-party products, the third party owns all rights and intellectual property rights of its products. Some of our service providers and partners may have similar rights to the content, code and/or software they provide. You should consult their service terms to understand the usage restrictions.
You own all rights to the content you provide to us or through the product ("your content"), and at the same time grant us, our affiliates and partners a global, irrevocable license for various purposes. We reserve the right to delete your content at any time.
5. Third-Party Products
Some of our products may contain content, features, functions, services, products and software provided by third parties ("third-party products"). We may authorize, integrate, bundle or only provide access to them.
Including third-party products does not represent our recognition. We do not make any statements or guarantees for such products. Your use of third-party products is subject to the terms of the provider and Appendix A of our privacy policy. You bear the risk of using them. We are not responsible for your use of third-party products. If you reach a transaction with a third-party product provider, it is a transaction between you and them. If you have any questions, problems, claims or complaints, you should contact the third-party product provider.
Some of our products contain search functions, most of which are third-party products. When using, you agree that we can provide third-party product providers with information about you and your use of our products.
6. Registration and Terms for Specific Products
(1) Registration Requirements
In most cases, you can use our products without registration, but in some cases, you may need to register to use some products or their functional features. If registration is required before use, you will be prompted to register.
When registering, you agree that all the information provided is up-to-date, complete and true. If there is any change in the information, it should be updated immediately when using the products that require registration next time. The use of registration information is subject to our privacy policy.
The registration of third-party products is subject to their applicable terms rather than these Terms. When registering for some products, you may need to create a user name and password. You should be responsible for protecting and keeping it confidential, and be responsible for transactions or use through it. If you find unauthorized access or use, you should notify us immediately, and we may terminate or suspend the registered account and/or transactions through it.(2) Supplementary Terms
Some of our products are subject to additional terms. You agree to be bound by these additional terms when accessing such products. All terms constitute part of these Terms of Service. In case of conflict between the additional terms and these terms, the additional terms shall prevail.
7. Paid Products
Most of our products are provided free of charge, but some products and/or features and functions may require payment for use or access. The payment terms will be provided in advance and you will have the opportunity to accept or reject them. Some third-party products may also require payment.
After agreeing to pay and accessing paid features, you agree to pay all fees in accordance with the provided terms. We are not responsible for your transactions with third-party product providers. Unless otherwise stated, the payment amount is in US dollars.
If you provide credit card information, we can deduct fees according to the specified amount and frequency and retain an electronic copy as evidence of your acceptance of the fees. We reserve the right to change, modify, revise and/or stop charging for paid features. If you do not agree to the revised terms, you can terminate the use of paid features.
8. Product Updates and Licenses
(1) Update Regulations
For the rights granted by these Terms, you agree to only use the latest version of our products publicly provided. We have the right to update the products from time to time at our discretion, including adding, deleting or changing features and functions. We have the right (but not the obligation) to automatically download updates to your computer system or mobile device. The downloaded product can usually communicate with our computer system and server to facilitate automatic updates. We may require you to agree to new terms related to updates from time to time.
If you use the product on a mobile network, you may incur message and data-related fees due to updates, which will be borne by you alone.(2) License Scope
If part of the product constitutes downloadable software, on the premise of complying with the terms, we grant you a limited, revocable, non-re-licensable, non-transferable and non-exclusive license to allow you to download, access, install and use such downloadable products for personal use only. You may not install on any device without permission.
9. Copyright Considerations and Notices
We respect the rights of copyright holders and expect you and other users to respect them as well. If you think that the materials on the product infringe your copyright, you can submit a copyright infringement claim notice to us, but specific requirements must be met.
If we decide to delete your content according to the complaint, we will notify you and provide the contact information of the complainant. You can object to the decision, and specific requirements must also be met.
Making a major false statement intentionally may subject you to severe civil penalties.
10. Privacy Rights
We attach great importance to your privacy rights. Agreeing to these Terms and using our products means that you agree to be bound by our privacy policy.
11. Disclaimer and Limitation of Liability
Our products and product content are provided to you "as is" and "as available". You bear the risk of use. We are not responsible for losses, damages, malfunctions or other liabilities caused by the use of products and product content, and do not provide any form of warranty.
You expressly agree to bear the risks related to product quality, performance and content accuracy and integrity. This disclaimer applies to third-party products, and we deny all guarantees for them.
In any case, we and related parties are not responsible for damages caused by the use or inability to use products and product content. Our liability to you is limited to $50 or the maximum extent permitted by law (whichever is higher).
12. Indemnification Obligations
You agree to indemnify, defend and hold us harmless from any third-party claims, liabilities, damages and/or expenses caused by your use of products and content, violation of these Terms, and infringement of intellectual property rights. We can undertake and control the defense of indemnification claims, and you need to cooperate and pay relevant expenses.
13. Termination of the Agreement
We reserve the right to terminate, modify, suspend or otherwise limit access to the products at our sole discretion without any liability to you. You can decide to terminate the use of the products at any time by stopping using them and deleting them from your device. Our rights to your content and other rights remain effective after termination.
14. Age Restrictions
If you are under 13 years old (or if you are a resident of the EEA, under 16 years old), it is prohibited to use or install our products. If you are 13 years old or older (or for residents of the EEA, 16 years old or older), you need to use and install under the accompaniment of your parents or legal guardians. They should review and represent you to agree to these Terms.
If you are the parent or guardian of an individual under 18 years old but 13 years old or older (or for residents of the EEA, 16 years old or older), you represent that individual to agree to be bound by these Terms and take responsibility. If you do not agree to these Terms, you and the relevant individuals are prohibited from using the products. If you find any illegal use, please contact us immediately.
15. Limited Rights of Government Users
If you use and/or download our products as a representative of the US government and/or its agencies or departments, your rights to products and content are limited to "commercial items", especially "commercial computer software" and "commercial computer software documentation". The rights of the federal government may not exceed the provisions of these Terms, and it has no right to obtain technical information that is not usually provided to the public or perform specific uses, modifications and other behaviors.
The use, reproduction and/or disclosure of products by the federal government is restricted.
16. Product Export Restrictions
Products or their components may not be used, downloaded, exported and/or re-exported to countries under embargo by the federal government or to objects on specific lists. You need to declare and guarantee that you are not located in, not controlled by such countries, nor are you a national or resident of such countries, and not on the list.
17. Applicable Law and Arbitration
Your use of products, these Terms and disputes arising therefrom are governed and interpreted by the laws of New York State, regardless of the choice of law provisions.
Disputes shall be resolved through binding arbitration in Manhattan, New York, USA. Arbitration awards can be made by courts with jurisdiction. Arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. Disputes shall be arbitrated separately and may not be consolidated with any claims or disputes of any other party. By choosing arbitration, you waive the right to trial by jury and participate in class actions against us.
You must file a claim within one year after the cause of action or lawsuit arises, otherwise you will be permanently prohibited.
Before the arbitration is completed, you can seek temporary or preliminary relief from a court with jurisdiction. If the court determines that the arbitration provisions are unenforceable, except for small claims lawsuits, lawsuits can only be filed in federal or state courts in Manhattan, New York. You irrevocably agree to the jurisdiction of this court.
18. General Provisions
We can modify these Terms at any time and publish them on the product. If you continue to use the product after the modification, it means that you agree to be bound by the modified terms. Our failure to enforce these Terms does not constitute a waiver of rights.
We can transfer this agreement to anyone without restriction. These Terms are a personal agreement with you. You may not transfer any rights or obligations. These Terms and related policies and supplementary terms constitute a complete agreement and govern your use of products, replacing previous agreements. If any part of these Terms is invalid or unenforceable, it will be replaced by a valid term, and the rest will remain fully effective without any change.
19. Communication Methods
Our products may include the ability to communicate with you, such as through email, text messages and push notifications. You agree that we can contact you using various communication methods. The communications may include messages from us, third-party product providers and partners. You can choose not to receive communications, but we do not control third-party communications and are not responsible for them.
If the law requires us to notify you of certain events, posting a notice on the product or sending it through electronic communication can meet the purpose. You can update your communication preferences. If we cannot notify you due to inaccurate information provided, we are not responsible.
If you have any questions about these Terms, products or our practices, you can contact us by email at [email protected].