Welcome to Tempi Art!
Tempi Art ( the “App” or “Software”) is provided by Miniscape Corporation (“we”, “us”, or “our”).
Please read the following Terms of Service (the “Agreement”) carefully. Your download, installation, use of and other access to use of the App and its related services (the “Services”) means you have accepted 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.SUBJECT MATTER OF THE AGREEMENT
1.1 This Agreement constitutes the legal basis for users (hereinafter “You” or “you”) to access and use the App and related free or paid services.
1.2 In addition to this Agreement, additional terms of the relevant distribution platform (e.g. iTunes) may apply for your purchase and download of the App.
1.3 The subject matter of this Agreement is the provision of the Software for IOS. In a nutshell, the Software allows user to use certain features including but not limited to old me, video, cartoon avatar and card point. In the future, the Software may comprise further services and features.
1.4 We may offer you the opportunity to purchase services from third parties. Upon accepting offers of this type, a contractual relationship arises exclusively between you and the respective third party. We do not assume any responsibility whatsoever for the performance or services rendered by these third parties in general.
1.5 Your Internet connection, the maintenance of the network connection and the procurement and availability of the hardware and software required to use the Software are not the subject matter of this Agreement. Thus, in order to be able to use the Software, you must ensure under your own responsibility that internet access and all other technical devices required are in place and must bear related fees yourself.
2. USE OF THE SOFTWARE AND SERVICES
2.1 We grant you a non-exclusive, non-transferable license to download, install and use the Software. You shall not use it for commercial purposes.
2.2 You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the Software and Services provided to any other users.
2.3 You have read and agreed to the Agreement and statements we published. You warrant that you will not copy, sublicense, share or sell the Software or the Services. You are fully responsible for any costs, liabilities or damages arising out of breach of the above obligations. We do not assume any responsibility and liability.
2.4 Rights reserved. We reserve all rights not expressly granted to you. You need to obtain additional consent to use other software owned by us.
3. PAID SERVICES
3.1 Some of the Services provided by the App will need to be paid for use, but we will provide a free trial period for use. You may choose our monthly package and annual package for the paid services. Once the fees are duly paid in full, you will acquire the paid services within the subscription period. For paid services, we will obtain your consent before collection of payment. In the future, the App may comprise further paid services. If you already subscribed the paid services during the period the further paid services is updated, you will be able to use the further paid services during the subscription period without extra charge, provided that: 1) no extra charge is required by us; and 2) you update the App as may be required to use the further paid services.
3.2 For any paid services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Apple Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with Apple or a third party, that governs your use of a given payment processing method.
3.3 We could modify about our payment policy according to practical needs. Some free services may become paid services in the future. If the fee is not paid on time and in full, you will no longer be able to use the paid services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. 3.4 The Services in connection of the App are special commodities. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.
4. INTELLECTUAL PROPERTY POLICY
4.1 The App is developed by us independently. You acknowledge and agree that we retain all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests with regard to this Software. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People’s Republic of China (hereinafter referred to as “PRC”) and relevant international agreements and other intellectual property laws and regulations.
4.2 Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and we reserve the right to undertake appropriate steps against copyright offenders.
4.3 Your use of the Services is conditioned upon your agreement not to use the Services to infringe the intellectual property rights of others in any way. We may terminate its engagement with any user who is suspected of infringing the copyrights, or other intellectual property rights, of others, or may, at our sole discretion, take other actions against such users. In addition, it is our policy, in appropriate circumstances, at its discretion and in accordance with applicable laws, to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
5. UPLOADED DATA
5.1 You agree that photos, videos and any other files or data uploaded by you (“Uploaded Data”) via the Software shall be your sole responsibility. You shall not infringe any third party’s right or violate any applicable laws or regulations, shall not contribute to or otherwise encourage unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. We do not endorse any Uploaded Data or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Uploaded Data. 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 Uploaded Data.
5.2 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.
5.3 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such Uploaded Data complies with the content requirements set out in this Agreement, and may remove such Uploaded Data and/or terminate a user’s access for uploading such Uploaded Data, at any time, without prior notice and at our sole discretion.
5.4 By uploading, posting or otherwise transmitting your Uploaded Data on or to the Software, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to use, sublicense, reproduce, modify, adapt, publish, display, translate, analyze, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Uploaded Data.
6. PRIVACY POLICY
6.1 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/regulation 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.
6.2 The App may request your permissions to use your end-device’s camera and photo album during regular operation, and to receive notice from us. If additional authority is required, we will ask for your permission in advance.
7. NOTIFICATION TO END USER
7.1 You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under applicable laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to us, the Software or any third-parties) of any such breach. You shall not conduct the following behaviors (including but not limited to):
Delete copyright information, content on the Software or other copies.
Reverse engineer, decompile or extract the source code of the Software.
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 Software system, internet leak, or other behaviors breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.
Sell, rent, loan, deliver, transfer or sub-license the Software and the Services, or related links, or any other commercial use of the Software or the Services regardless of whether the use above brings direct economic gain or pecuniary gain.
Use the Software and the Services provided by us in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement. We reserve the right to terminate, fully or partially suspend, limit functional features of user’s account, without prior notice, if the user has breached the terms of this Agreement.
7.2 We do not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of the Software.
7.3 We would not change configuration of system settings without informing you.
8. 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.
9. LIMITATIONS OF LIABILITIES AND DISCLAIMER
9.1 THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SOFTWARE AND SERVICES AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SOFTWARE AND SERVICES WILL OPERATE ERROR-FREE OR THAT THEY ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SOFTWARE AND SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
9.2 IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SOFTEARE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9.3 In view of business development and adjustment, we reserve the right to amend or terminate Services without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
9.4 The software which is not officially released or authorized by us and the derivative works of the Software are illegal. User’s downloading, installation, and use this software may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
9.5 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
9.6 We assume no liability or responsibility for any loss or damage arising from the use, edition, adaption or modification of the photo or picture maintained or kept by the user, or for any loss or consequence of posting or releasing of the photo information to any other third-party websites or resources that are accessible via the Software.
10. TERMINATION
10.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
10.2 Unless we unilaterally terminate this Agreement or you terminate this Agreement as above, this Agreement (including the updated agreement following) will remain effective.
10.3 Your right may be terminated automatically if you breach any obligations stated in this Agreement. We and any other third-parties have on need to send your additional notice.
10.4 The termination of this Agreement or your stop using this Software or Services will not affect your obligations and liabilities before such termination.
11. MISCELLANEOUS
11.1 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.
11.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
11.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
11.4 The validity and interpretation of this Agreement is applicable to laws of the PRC. If any provision in this Agreement conflicts with the 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 us and users agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit the issues to Guangzhou Arbitration Commission in accordance with its then current Arbitration Rules.
11.5 We reserve the final interpretation right on this Agreement.
11.6 If you have any comments on the App and Services or this Agreement, you may contact us facevbusiness@outlook.com, and we will use our best efforts to provide you with timely and necessary assistance.