"Fotee" User Service Agreement
Update Date: September 11, 2024
Effective Date: September 18, 2024
Welcome to Fotee!
"Fotee" refers to the Fotee client application, official website legally owned and operated by Quantum Realm Information Technology (Chengmai) Co., Ltd. and its affiliates (hereinafter referred to as "we"), and also includes software development kits (SDK) and application programming interfaces (API) provided by us to third-party platforms and applications to provide users with services under the name of Fotee. In Fotee, we provide users (hereinafter also referred to as "you") with various services such as creative editing of pictures, information publishing, interactive communication, and community circles, including publishing services for creative design works (e.g., photo templates) for users who have enabled Fotee creator permissions.
1.1 The "Fotee User Service Agreement" (hereinafter referred to as the "Agreement") is an agreement between us and you regarding your downloading, installation, opening, registration, login, and use (hereinafter collectively referred to as "use") of Fotee, stipulating the rights and obligations of both parties. All other related agreements, activity rules, announcements, explanations, in-site notifications, etc. (collectively referred to as "Platform Rules") that we have published or may publish in the future and may modify from time to time in relation to Fotee are integral parts of this Agreement and have the same legal effect as this Agreement.
1.2 Please read and fully understand this Agreement carefully before starting to use Fotee, especially the terms involving exemption or limitation of liability, rights licensing and information use, consent to open and use special individual services, applicable law and dispute resolution, etc. Among them, important content such as exemption or limitation of liability terms will be highlighted in bold to draw your attention. If you are under 18 years old, please read this Agreement carefully and fully under the guidance of your guardian, especially the terms regarding minors' use, and use Fotee after obtaining your guardian's consent.
1.3 When you use Fotee, it shall be deemed that you have read and fully understood this Agreement in detail, agree to be bound by this Agreement as a party to this Agreement. If you do not agree to this Agreement, you may choose not to use Fotee.
1.4 Please understand that we have the right to unilaterally decide, based on the needs of Fotee products, services or operations, to entrust certain services under this Agreement to our affiliates or third parties to provide or operate. When you use such related services, please carefully read the information displayed on the corresponding product page and/or the content of relevant rules, agreements and other documents. Your consent to accept the relevant services shall be deemed as your acceptance that the rights and obligations between you and such affiliates or third parties are also bound by this Agreement and the Platform Rules. We will also require such affiliates or third parties to protect your legitimate rights and interests in accordance with legal requirements.
1.5 If you have any questions, comments or suggestions regarding the content of this Agreement, you can contact us through the feedback page on the Fotee client.
2.1 The ways for you to use Fotee products and services include accessing the official Fotee website, or downloading and installing the Fotee client from the application markets we have authorized. We may also pre-install the Fotee client on the terminal devices you purchase through cooperation with terminal device manufacturers. On the third-party platforms or applications we authorize, you can also use Fotee through the software development kits (SDK) or application programming interfaces (API) we provide. If you obtain Fotee products or services not through the above formal channels, we cannot guarantee that the version is the official version, nor can we ensure that the relevant version of Fotee can be used normally. If you suffer losses due to the use of non-official versions of Fotee, except as otherwise expressly stipulated by laws and regulations, we shall not bear any liability for compensation.
2.2 You need to prepare terminal devices such as computers and mobile phones to use Fotee. To achieve all the functions of Fotee, you need to connect your terminal device to the Internet, and you shall bear the Internet access fees, data fees and other expenses required.
2.3 We develop different application versions for different terminal devices. Please obtain, download and install the official version of Fotee according to the actual terminal device conditions.
2.4 We grant you a personal, revocable, non-transferable, non-exclusive and non-commercial legal right to use Fotee. All other rights not expressly authorized by this Agreement are still reserved by us. Unless you obtain our prior express written authorization, you may not use Fotee in any unauthorized form, including but not limited to adaptation, reproduction, dissemination, crawling, vertical search, mirroring or trading, etc.
2.5 In order to improve user experience, or based on the needs of overall service operation, platform security, and compliant operation, we may update or change Fotee products or services from time to time, including but not limited to modification, upgrade, suspension or termination of related services, provision of new services or software package replacement, etc., and you can choose whether to update according to your needs. If you choose not to update, some functions of Fotee may be restricted or not work properly. In order to facilitate your better use of Fotee, we may also remind you to update Fotee at an appropriate time. If you do not want to use the updated Fotee, you can also uninstall it yourself.
3.1 We provide registration channels for Fotee accounts. You can register a Fotee account through a mobile phone number or other methods allowed by Fotee. In addition, you can also choose to use the third-party platform account authorization login function provided by us to register and log in to Fotee through your legally owned third-party software or platform user account, except where such third-party software or platform restricts or prohibits it. You shall ensure that the third-party software or platform user account you use has completed real identity information authentication and meets the requirements of relevant laws and regulations.
3.2 You can use Fotee without registering or logging in to a Fotee account, but you cannot experience all the functions of Fotee. Before using certain functions and/or certain individual services, such as posting comments, etc., you need to register or log in to a Fotee account and complete real identity information authentication in accordance with the requirements of relevant national laws and regulations.
3.3 You have the right to set Fotee nicknames, avatars, profiles and other account information by yourself. Without the express written permission of others, you may not open a Fotee account in the name of others, nor may you counterfeit or imitate others' names, titles, trademarks, avatars, etc. as account information. In the process of using the account, you shall not mislead the public to confuse the account owner in any way, especially not to confuse with institutions or individuals generally known to the public, and shall not infringe on others' personal rights, property rights and other legitimate rights and interests in any form. We have the right to review the account information you submit. If the account information you submit does not comply with laws, administrative regulations, government rules, or the agreement of this Agreement, we have the right to take disposal measures stipulated by laws and regulations, such as warning reminders, rectification within a time limit, resetting account information, restricting account functions, suspending use, closing accounts, prohibiting re-registration, etc.
3.4 Your Fotee account is for your personal use only. It is prohibited to give, lend, rent, transfer, sell or otherwise permit others to use the account in any form. If we have reasonable grounds to believe that the user is not the account registrant, in order to protect the security of the account, we have the right to suspend or terminate the provision of services to the account.
3.5 When registering and using a Fotee account, you shall provide true, accurate, legal and valid identity certification materials and necessary information. When your submitted registration information changes (for example, you change your mobile phone number), you shall update the corresponding information in time. If the information you submit is inaccurate, untrue, illegal or we have reason to suspect that the above information is doubtful, we have the right to require you to correct or supplement it, or refuse to provide you with relevant services. However, you understand and agree that for reasons of security and identity verification (such as account recovery appeal services, etc.), you may not be able to modify the initial registration information, real-name information and other verification information.
3.6 You shall maintain the security and confidentiality of your Fotee account by yourself. You shall bear legal responsibility for the actions under your Fotee account, including but not limited to any information publishing, payment and other operational actions you perform on Fotee that may cause all legal liabilities. If you lose your account, you can follow our appeal channels to apply for account recovery in time. You understand and acknowledge that we only identify whether the verification information provided by the appellant in the appeal is consistent with the system records, and cannot identify whether the appellant is the real owner of the account. If your account is stolen due to your own reasons such as improper safekeeping, the corresponding losses shall be borne by you. If you find that others use your Fotee account without permission, or find any other security vulnerabilities, please notify us immediately and take measures such as account rebinding to protect the security of your account.
3.7 In order to increase the exposure and publishing efficiency of the content you publish, you agree that all the content you publish under your Fotee account is authorized to be automatically synchronized to other software and websites operated by us in the name of your account, and the public information such as your Fotee account avatar and nickname may also be synchronized.
3.8 You can apply to cancel your Fotee account. You can only apply to cancel your own account, and shall complete the verification of account ownership in accordance with the corresponding process. After the account is cancelled, we will delete or anonymize the information in the account, except where laws and regulations or relevant norms otherwise stipulate the information retention time or processing method. After the account is cancelled, you will not be able to use the account to log in to Fotee, nor can you retrieve any content or information related to the account. After the account is cancelled, you shall still bear the corresponding responsibilities for your use of Fotee before the account cancellation.
3.9 According to the requirements of relevant laws and regulations, if you do not log in to your account and use it for more than six consecutive months after registration, we have the right to freeze or reclaim your account. If your Fotee account is frozen or reclaimed, you may not be able to log in and use Fotee through the account; if your Fotee account is reclaimed, the information and usage records saved under the account cannot be restored. Before freezing or reclaiming your Fotee account, we will notify you in an appropriate manner. If you still do not operate according to the notification after receiving the relevant notification, we will freeze or reclaim the account.
4.1 We are committed to providing a civilized, rational, friendly and high-quality communication platform. After you complete the real identity information authentication as required, you can use Fotee to create and publish pictures, texts and other information content, and ensure that the published information content (whether public or not) complies with legal and regulatory requirements. When you publish information related to domestic and foreign current affairs, public policies, social events, etc., you shall accurately indicate the source of the information.
4.2 You shall not create, reproduce, publish or disseminate the following illegal and non-compliant content:
(1) Opposing the basic principles established by the Constitution;
(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Damaging national honor and interests;
(4) Distorting, vilifying, blaspheming or negating the deeds and spirit of heroes and martyrs, or infringing upon the names, portraits, reputations or honors of heroes and martyrs by insult, defamation or other means;
(5) Advocating terrorism or extremism, or inciting the implementation of terrorist or extremist activities;
(6) Inciting ethnic hatred or discrimination, or undermining ethnic unity;
(7) Undermining national religious policies, or promoting cults or feudal superstitions;
(8) Fabricating or spreading rumors or false information, disrupting economic or social order, or undermining social stability;
(9) Disseminating or spreading obscenity, pornography, gambling, violence, murder, terror, or inciting crimes;
(10) Insulting or defaming others, infringing upon others' reputation rights, privacy rights, portrait rights, intellectual property rights or other legitimate rights and interests;
(11) Commercial advertisements that violate relevant laws and regulations on Internet advertising;
(12) Other content prohibited by laws and administrative regulations.
4.3 You shall not create, reproduce or publish the following undesirable content, and shall also actively resist the dissemination of such content:
(1) Using exaggerated headlines where the content is seriously inconsistent with the title;
(2) Speculating on scandals, bad behaviors, etc.;
(3) Improperly commenting on natural disasters, major accidents and other disasters;
(4) Containing sexual hints, teasing or other content that easily leads to sexual associations;
(5) Showing bloody, horrific, cruel or other content that causes physical or mental discomfort;
(6) Inciting discrimination against certain groups or regions;
(7) Promoting vulgar, kitsch or tacky content;
(8) May induce minors to imitate unsafe behaviors and behaviors that violate social ethics, or induce minors' bad habits, etc.;
(9) Violently threatening or intimidating others, or implementing cyber violence;
(10) Spreading foul language and damaging social order and good customs;
(11) Other content that violates laws and regulations, public policies, social order and good customs, or may interfere with our normal operation, or infringes upon the legitimate rights and interests of other users or third parties.
4.4 You shall not create, reproduce, publish or disseminate content containing high-risk, endangering the performer's own or others' physical and mental health:
(1) Any violent and/or self-harm behavior content;
(2) Any content that threatens life and health, uses dangerous equipment for performance, or whose performance method may endanger the safety of oneself or others' person and/or property;
(3) Instigating or inducing others to participate in dangerous activities that may cause personal injury or death.
4.5 You shall not publish information that disrupts the platform's operational order, including but not limited to spam, commercial solicitation information, excessive marketing information, information unrelated to the content being commented on, and deliberately using character combinations to evade technical review.
4.6 If we have reasonable grounds to believe that your behavior violates or may violate the above agreement, we have the right to deal with it, including terminating the provision of all or part of Fotee services to you without prior notice, and legally pursuing the legal liabilities of relevant parties.
5.1 You shall not use any plug-ins, plug-ins, systems or third-party tools to interfere with, destroy, modify or otherwise affect the normal operation of Fotee, including but not limited to using any automated programs, software or similar tools to access Fotee, collect or process information and content therein.
5.2 You shall not engage in any behavior that endangers the Fotee system security, nor shall you use Fotee to engage in any behavior that endangers computer network security. Such behaviors include but are not limited to:
(1) Illegal intrusion into the network, interference with the normal functions of the network, theft of network data and other activities that endanger network security;
(2) Providing programs and tools specifically used to engage in activities such as network intrusion, interference with normal network functions and protective measures, and theft of network data that endanger network security;
(3) Knowing that others are engaged in activities that endanger network security, still providing them with technical support, advertising promotion, payment settlement and other assistance;
(4) Using unauthorized data or entering unauthorized servers or accounts;
(5) Entering public computer networks or others' computer systems without permission and deleting, modifying or adding stored information;
(6) Without permission, attempting to detect, scan or test the weaknesses of the Fotee system or network or other acts that undermine network security;
(7) Attempting to interfere with or destroy the normal operation of the Fotee system or website, deliberately spreading malicious programs or viruses, and other acts that destroy or interfere with normal network information services;
(8) Forging TCP/IP packet names or partial names;
(9) Reverse engineering, reverse assembly, compilation or other attempts to discover the source code of Fotee;
(10) Malicious registration of Fotee accounts, including but not limited to frequent and batch registration of accounts;
(11) Other behaviors that may endanger the Fotee or other platform computer network security.
5.3 Without our written permission, no user or third party shall conduct the following behaviors on the information or content in Fotee by themselves or assist others:
(1) Using the information or content in Fotee for the purpose of promoting their own products, increasing users for their own products, confusing the relationship between their own products and Fotee and other unfair competition purposes;
(2) Without authorization, editing, organizing, adapting the information or content in Fotee, and then displaying it on channels or platforms other than the source page of Fotee;
(3) Using technical means or special identification methods to modify, hijack, divert, block, insert, pop up the information or content in Fotee, or other behaviors that cause users to fail to use Fotee normally;
(4) Using any improper methods such as hotlinking, redundant theft, crawling, simulated downloading, deep linking, fake registration, etc. to steal, monitor, copy, disseminate, display, mirror, upload, download or use the information or content in Fotee;
(5) Using or disseminating the information or content in Fotee by hiding or modifying the Fotee domain name, Fotee logo, Fotee user information, etc.;
(6) Using unauthorized information or content in Fotee to count hot words, hit rates, classifications, search volumes, click-through rates, read volumes, etc.;
(7) Using the information or content in Fotee for any form of sales and commercial use, or providing or allowing third parties to use it to third parties in any form;
(8) Interfering with the relevant data of the information or content in Fotee, including affecting content playback volume, tampering with Fotee data, etc.;
(9) Other behaviors of illegally obtaining or using the information or content in Fotee.
5.4 If we have reasonable grounds to believe that your behavior violates or may violate the above agreement, or you have other behaviors that adversely affect the information and content in Fotee, or cause damage to the rights and interests of Fotee users, we have the right to deal with it, including terminating the provision of services to you without prior notice, and legally pursuing the legal liabilities of relevant parties.
6.1 In order to provide you with more creative choices and convenience, help you improve creative efficiency, and meet your diverse needs for intelligent and convenient working methods, we adhere to our own R&D and technological advantages and continue to provide you with various product functions and services based on generative or deep synthetic artificial intelligence technology (collectively referred to as "AI Functions"). The working principle of AI Functions is to automatically analyze the instructions you input and generate pictures, copy and other content. Fotee AI Functions include but are not limited to AI portraits, etc.
6.2 During your use of AI Functions, you can submit input content such as text and pictures (collectively referred to as "Input Content") to Fotee, and Fotee receives and responds to your Input Content to generate output/generated content such as pictures and videos (collectively referred to as "Output Content"). The specific types of Input Content and Output Content are subject to the actual product functions. You understand and promise that all Input Content shall be content for which you have intellectual property rights or have obtained legal authorization (including sub-authorization) from the rights holder, and there is no content that violates applicable laws and regulations or infringes upon the legitimate rights and interests of others (including but not limited to intellectual property rights such as copyright, patent rights, trademark rights, and other rights and interests such as personal rights and personal information rights). To the extent permitted by applicable law, the intellectual property rights and other property rights and interests (if any) generated by your use of Fotee Output Content belong to you. However, if the Input Content and/or Output Content itself contains content for which we have intellectual property rights or other legitimate rights and interests, the corresponding rights or/and interests of the aforementioned Input Content and/or Output Content shall still belong to us, and their ownership shall not change because they are included in the Output Content.
6.3 You know and promise that in the process of using AI Functions: you shall respect privacy and morality, pay attention to protecting data security, and shall not input or share any unauthorized personal information, confidential information (including but not limited to trade secrets) and unauthorized other types of information; you shall respect the legitimate rights and interests of others, ensure that your Input Content is legal and compliant, owned by yourself or has obtained legal authorization, and shall not input or share any unauthorized content, nor infringe upon others' copyright, patent rights, trademark rights, portrait rights, reputation rights, honor rights and other rights and interests. You shall not use Fotee for illegal activities or publish illegal content, nor shall you use new technologies and applications such as deep learning, virtual reality, and generative artificial intelligence to produce, publish, or disseminate false news and information. When you publish or disseminate non-real information produced by using new technologies and applications such as deep learning and virtual reality, or other information content that may cause public confusion or misidentification, you shall mark it in a prominent manner in accordance with legal requirements; at the same time, you shall not obscure, smear or delete the prominent marks we mark on the content in any way. If we have reasonable grounds to believe that your behavior violates or may violate the above agreement, we have the right to deal with it, including terminating the provision of all or part of Fotee services to you without prior notice, and legally pursuing the legal liabilities of relevant parties.
6.4 Limitations of Functions and Disclaimer of Liability
Generative and deep synthetic artificial intelligence can bring current and potential benefits to society. However, due to technical limitations or ethical issues, we are also very concerned about the possibility of model abuse. If you choose to continue to use AI Functions, you shall fully know and agree to the following content:
6.4.1 In view of the limitations of current science and technology and the nature of artificial intelligence, it is difficult for us to guarantee the authenticity, accuracy and reliability of the Output Content. The Output Content is only based on the limited data used during our training, and is only for general information and reference purposes, and does not constitute information or advice for you to rely on, nor should it be the basis for you to take or avoid any action. You should evaluate the authenticity and accuracy of the Output Content according to your needs. Before taking any action based on the Output Content, you should seriously consider further consulting the advice of professionals. In particular, if it involves matters that may have a significant impact on you or related parties, it is recommended that you consult relevant professionals. Fotee makes no warranty for the Output Content, and you shall judge the Output Content by yourself and bear all risks and legal liabilities arising from the use of the Output Content. Please be sure to carefully judge and verify the accuracy of the Output Content.
6.4.2 We attach great importance to the content security of the model and will make reasonable efforts to take reasonable security measures to filter inappropriate/harmful content produced by the model, so as to make its Output Content meet expectations as much as possible, but it cannot completely rule out the possibility of mistakes. If you encounter such a situation, please give us feedback in time, and we will continue to optimize the model based on your feedback.
6.4.3 You shall scientifically and rationally understand and legally use generative and deep synthetic artificial intelligence technology, shall not violate this Agreement and the Platform Rules, understand and strictly abide by the requirements of laws and regulations such as the "Data Security Law of the People's Republic of China", the "Personal Information Protection Law of the People's Republic of China", the "Cybersecurity Law of the People's Republic of China", the "Interim Measures for the Management of Generative Artificial Intelligence Services", and the "Regulations on the Management of Deep Synthesis of Internet Information Services", and bear the legal liabilities that may be caused by your own illegal acts. Any judgment you make based on the Output Content or any subsequent related operational behavior you make based on this, the consequences and responsibilities brought about (including but not limited to the risks caused by your judgment on the authenticity, accuracy, reliability, and non-infringement of the Output Content, etc.) shall be borne by you.
6.4.4 Fotee AI Functions are provided in accordance with the current status of existing technologies and conditions. Although we have made every effort to ensure the continuity and security of functional services, due to the limitations of current science and technology, we cannot ensure that the services provided are flawless, nor can we foresee and prevent legal, technical and other risks at any time. Therefore, under no circumstances shall we be liable for any direct, indirect, consequential, punitive, incidental, collateral, special, penal, or disciplinary damages, including but not limited to losses suffered by you due to the use of AI Functions. Except as otherwise expressly stipulated by laws and regulations, our total liability to you shall not exceed the fees (if any) you paid to us during the use of AI Functions.
6.4.5 The model Output Content does not represent the attitude, opinion or position of Fotee. Due to technical limitations, it cannot be ruled out that there may be content in the Output Content that makes you feel unhappy, uncomfortable or inappropriate; if you have any questions or need help, you are welcome and thank you for contacting us through the Fotee mobile client [Retouch]-[≡] settings page-[Help Center]-[Feedback] at any time. Thank you for your understanding and support of Fotee!
7.1 We have established a public complaint and reporting platform. You can complain and report to us all kinds of behaviors and content that violate laws and regulations and the agreement of this Agreement in accordance with the complaint and reporting system we have published. We will accept and handle your complaints and reports in a timely manner, so as to jointly create a clean and upright cyberspace.
7.2 If you find any content in Fotee that infringes upon your rights, you can notify us according to the complaint channel prompted in the Fotee client or through support@quantum-realm.ltd, and provide evidence that you have the relevant rights. We will handle your complaint in a timely manner in accordance with relevant legal provisions. If the content you publish in Fotee is complained of infringement by the relevant rights holder and is dealt with, and you do not agree with the handling result, you shall submit the relevant rights certification materials that do not constitute infringement to Fotee for appeal according to the method prompted by the Fotee platform (such as sending an email to support@quantum-realm.ltd), and we will also handle your appeal in a timely manner in accordance with relevant legal provisions.
8.1 If you violate the agreement of this Agreement, including the Platform Rules, we have the right to take measures such as prior warning, refusal to publish, immediate cessation of information transmission, deletion of content, short-term prohibition of publishing content or comments, restriction of part or all of the account functions, until termination of services, permanent closure of the account and other disposal measures stipulated by laws and regulations. For the adverse consequences caused thereby, such as the unavailability of Fotee functions, deletion of account information, deletion of content, inability to normally obtain assets or other rights and interests in your account, etc., you shall bear them by yourself. For the deleted user information or content, we have the right not to restore it.
8.2 If you participate in the prize sales activities held in Fotee by unfair or cheating means, we have the right to restrict or cancel your qualification to participate in the activities, and cancel or withdraw the rewards. If you have received the rewards, we have the right to require you to return the prizes or cash of equivalent value.
8.3 We have the right to announce the handling results, and have the right to decide whether to restore the use of relevant accounts according to the actual situation. For behaviors suspected of violating laws and crimes, we will keep relevant records and have the right to report to the relevant competent authorities in accordance with the law and cooperate with the investigation of the relevant competent authorities.
8.4 We respect and protect the intellectual property rights, reputation rights, name rights, privacy rights and other legitimate rights and interests of users and others. If you infringe upon any third party's intellectual property rights, reputation rights, name rights, privacy rights and other rights and legitimate rights and interests, causing the third party to complain, report or claim compensation through litigation or other means, we have the right to take necessary measures in accordance with legal requirements. If your behavior causes us to bear compensation liability to any third party, or be punished by state organs, or suffer other economic losses or commercial reputation losses, you shall compensate us for all losses suffered thereby.
9.1 We are committed to protecting personal information together with you.
9.2 Protecting user personal information is one of our basic principles. In the process of using Fotee, you may need to provide your personal information so that we can provide you with better services and corresponding technical support.
9.3 When you enable or use Fotee, in order to realize the functions and services you choose to use, or to comply with the requirements of laws and regulations, we will process relevant information. Except for the information required to realize the basic functions and services of Fotee and the information required by laws and regulations, you can refuse us to process other information, but this may cause us to be unable to provide corresponding functions or services.
9.4 We may recommend content to you personally based on recommendation algorithms. We continuously improve and explore optimization solutions for the recommendation system, and legally guarantee your right to independently choose and control personalized recommendations.
9.5 We will legally protect your rights to browse, modify, delete relevant personal information and withdraw authorization, and will use encryption technology, anonymization processing and other security technical measures that match Fotee products and services to protect your personal information.
9.6 For more information about personal information protection, please refer to the "Fotee Privacy Policy".
10.1 You understand and agree that in the process of using Fotee, we may push information to you, publish advertisements or provide other related services. We have the right to display commercial advertisements, product promotions or other commercial information of Fotee and/or third-party suppliers and partners on any page of Fotee products and services in various ways.
10.2 We perform advertising and promotion-related obligations in accordance with legal provisions. Please carefully distinguish the verbal or written guarantees made to you by advertisers through advertisements or promotional information when using Fotee. Except as expressly stipulated by laws and regulations, you shall bear the corresponding consequences of damages or losses suffered due to purchases or transactions made based on advertisements or promotional information. We will provide you with the necessary assistance required for consumer rights protection in accordance with laws and regulations.
11.1 All intellectual property rights of Fotee products and services belong to us, including but not limited to software, technology, programs, web pages, text, pictures, audio, video, charts, layout design, electronic documents, etc. The copyright, patent rights and other intellectual property rights of the software on which we rely when providing Fotee products and services belong to us, or we have obtained valid authorization.
11.2 You understand and promise that the content you publish when using Fotee, including but not limited to text, pictures, audio and other forms of content and all components contained therein, such as music, sound, visual design, etc., are original or legally authorized by you. The intellectual property rights of the content generated by you through Fotee upload and publication belong to you or the original copyright owner.
11.3 In order to better share and promote your works and increase their communication value and influence, for the content you upload and publish in various forms through Fotee, such as text, pictures, audio and video and all components contained therein, including music, sound, visual design, etc., you grant us a global, free, non-exclusive, and multi-level sublicensable right, including the rights of reproduction, translation, compilation, information network dissemination, adaptation and production of derivative works, performance and display, etc. The scope of use of the above rights includes use on Fotee or other websites, applications or smart terminal devices and other products. You agree that we have the right to use or authorize third parties to use in any publicity, promotion, advertising, marketing and/or research related to the above content or us, and may also develop all or part of the content in other ways. The above granted rights include the right and license to use, copy and display your personal image, portrait, name, trademark, service mark, brand, name, logo and company mark (if any) and any other brand, marketing or promotion assets, materials, materials, etc. embedded in the content that you own or are licensed to use.
11.4 In order to better protect your rights, you confirm that we have the right to protect the rights of the content you upload and publish and enjoy intellectual property rights in accordance with the above authorization, either by ourselves or by entrusting a third party. The forms of rights protection include but are not limited to: monitoring infringements, sending rights protection letters, filing lawsuits or arbitrations, mediation, settlement, etc. We have the right to make decisions on rights protection matters and implement them independently.
11.5 Based on the characteristics of some functions, the content you upload and publish through Fotee can be used by other users when using Fotee to create and publish related content, and other users may also copy and download your content based on platform function settings. We will require other users not to infringe upon your legitimate rights and interests in this process through this Agreement or Platform Rules. If you find that other users infringe upon your legitimate rights and interests when using, you can complain about the corresponding content through the infringement complaint channel provided by Fotee.
11.6 We provide technical support for the development and operation of Fotee, and enjoy all rights to all data and information generated in the process of Fotee development and operation within the scope permitted by laws and regulations.
11.7 Please do not use any trademarks, service marks, trade names, domain names, website names or other brand identifiers related to the Fotee brand such as "Fotee" and "mirrorcamera.sharpofscience.top" without authorization under any circumstances (collectively referred to as "Identifiers"). Without our prior written consent, you may not display, use or apply for trademark registration, domain name registration, etc. of the aforementioned identifiers in a separate or combined manner, nor may you implement behaviors that expressly or implicitly indicate to others that you have the right to display, use or otherwise have the right to process these identifiers. If you use the identifiers in violation of this Agreement and cause losses to us or others, you shall bear all legal liabilities .
According to the provisions of national laws and regulations, the income or rewards and benefits you generate in Fotee may need to pay relevant taxes or file tax returns. You understand and agree that when we withhold and remit taxes or file tax returns on behalf of you in accordance with the requirements of tax authorities, we may need to collect or use your personal information and tax-related materials, and you should actively cooperate with us to fulfill your tax obligations.
13.1 Fotee contains information or information content links obtained by us in various legal ways, and also includes other individual services we legally operate. These services may exist in Fotee in the form of separate sections. We have the right to add, reduce or change the settings and services of these special sections from time to time.
13.2 You can enable and use the above individual service functions in Fotee. Certain individual services may require you to accept the agreement specially formulated for the service or other rules that bind you and the service provider at the same time. You can determine the service subject who performs the contract with you according to the agreement you signed when using the corresponding individual service or the information published by the corresponding service. If necessary, we will provide these agreements and rules in a reasonable way for your review. Once you start using the above services, it shall be deemed that you understand and accept the constraints of the relevant agreements and rules of the individual services. If the period of use is not indicated, or the period of use is indicated as "permanent", "unlimited" or "unrestricted", the period of use of these services shall be from the date you start using the service to the date the service stops being provided in Fotee.
13.3 When you use products or services provided by third parties in Fotee, in addition to complying with this Agreement and other relevant rules in Fotee, you may also need to carefully read, agree and comply with the agreements and relevant rules of the third party. If disputes, losses or damages arise due to third-party products or services, you shall resolve them with the third party in accordance with the relevant agreement.
13.4 In Fotee, you can choose to use your third-party payment account and bound bank card for payment. You understand and confirm that the payment service is provided to users by a third party with legal qualifications. In addition to being bound by this Agreement, it is also bound by the terms and policies of the third-party payment service provider and financial institutions. The conditions and specifications for the use of such payment services shall be determined by you and the payment service provider.
13.5 If you use financial services including but not limited to third-party payment in Fotee, please carefully understand the content of such services, fully read and agree to the relevant agreement terms.
14.1 If you are a minor under the age of 18, you should read this Agreement carefully under the guidance of your guardian, and you can use Fotee after your guardian agrees to this Agreement. If you do not obtain the consent of your guardian, the guardian can notify the platform to process the relevant account through the platform's public channel, and the platform has the right to restrict the functions of the relevant account (including but not limited to browsing, interactive communication, etc.).
14.2 We attach great importance to the protection of minors' personal information and privacy. We especially remind you to strengthen your awareness of protection and carefully publish content containing minors' materials when filling in minors' personal information. You shall obtain all legal authorizations required to display minors' portraits and other information, and allow us to use and process such content related to minors in accordance with this Agreement. If the relevant content infringes upon the rights of minors, we have the right to process the relevant content and notify you as appropriate after receiving the notice from the rights holder or based on other considerations to protect the legitimate rights and interests of minors.
14.3 We will work with guardians to protect the physical and mental health of minors. If you are a guardian, you should also fulfill your guardianship obligations for minors, pay attention to minors' network security, and guide minors to use the network healthily and reasonably. Minors should, under the supervision and guidance of their guardians, correctly learn to use the network within a reasonable range, develop good online habits, and avoid addiction to the virtual network space.
14.4 Young users must abide by the "National Youth Network Civilization Convention":
(1) Be good at online learning and do not browse bad information;
(2) Communicate honestly and friendly, and do not insult or deceive others;
(3) Enhance self-protection awareness and do not date online friends at will;
(4) Maintain network security and do not disrupt network order;
(5) Be beneficial to physical and mental health and do not indulge in virtual space.
14.5 Special Tips for Guardians
(1) If your ward uses Fotee, you, as the guardian, shall guide and supervise the registration and use behavior of your ward. If your ward applies to register a Fotee account, we have the right to consider that it has obtained your consent.
(2) Your ward may use functions such as payment when using Fotee. As a guardian, please keep your payment device, payment account and payment password safe to prevent your ward from using functions such as payment through your Fotee account without your consent.
If you have other questions about protecting the rights of minors, you can contact us through the feedback page or send an email to support@quantum-realm.ltd.
15.1 You understand and agree that the Fotee products and services we provide are provided in accordance with the current status of existing technologies and conditions. We do not make any express or implied guarantees for the following situations:
(1) Fotee products and services are completely suitable for your use requirements and specific purposes, and any products, services or other information obtained through us meet your expectations;
(2) Fotee products and services are not interfered with, timely, safe, reliable or free from any errors, and permanently available;
(3) Any errors in Fotee products and services can be corrected;
(4) You will not face any risks in the process of using Fotee products and services.
15.2 We will make every effort to ensure the continuity and security of services, but Fotee products and services may be affected or interfered by many factors. You understand and agree that we shall be exempted from liability within the scope permitted by laws and regulations for the suspension, suspension, termination of services or any losses caused by the following situations:
(1) Due to force majeure and other factors, including but not limited to government actions, natural disasters (such as floods, earthquakes, typhoons, etc.), wars, strikes, riots, epidemics, etc.;
(2) Due to factors beyond our control, such as power failures, communication network failures, hacker attacks, malicious program attacks, viruses, third-party service defects, etc.;
(3) We inspect, maintain, upgrade, and maintain the relevant systems or equipment of Fotee products and services. We will do our best to notify you in advance in such cases.
15.3 We have the right to review and process illegal and non-compliant content in accordance with the provisions of laws and regulations, the agreement of this Agreement and the Platform Rules, but this right does not constitute our obligation or commitment, and we cannot guarantee that illegal behaviors will be discovered in a timely manner or correspondingly processed.
15.4 This Agreement aims to ensure compliance with national laws and regulations, maintain public order and good customs, and protect the legitimate rights and interests of users and others. We will make every effort within our capabilities to make judgments in accordance with relevant laws and regulations, but we do not guarantee that our judgments are completely consistent with those of judicial and administrative authorities.
15.5 Unless we expressly agree or promise otherwise, we do not guarantee that Fotee is legal and appropriate in jurisdictions other than those officially released. If you use Fotee in jurisdictions other than those officially released by Fotee, you confirm that such use behavior is your own active intention, and you shall ensure that your use of Fotee complies with all applicable local laws and requirements, and bear the corresponding risks and responsibilities.
15.6 Under no circumstances shall we be liable for any indirect, consequential, punitive, incidental, special or penal damages, including but not limited to the loss of profits you suffer due to the use of Fotee. Except as otherwise expressly stipulated by laws and regulations, our total liability to you, regardless of the cause or manner of behavior, shall not exceed the fees (if any) you paid to us during the use of Fotee.
16.1 In order to provide you with better services, or due to adjustments in national laws, regulations, policies, technical conditions, product functions, etc., we will revise this Agreement from time to time, and the revised content constitutes an integral part of this Agreement. After this Agreement is updated, we will issue the updated version on the Fotee client and official website, and notify you of the updated content through the Fotee client and official website (mirrorcamera.sharpofscience.top) or other appropriate means before the updated terms take effect, so that you can keep abreast of the latest version of this Agreement. You can also check the latest version of the agreement terms on the Fotee client or official website. If you continue to use Fotee, it means that you have agreed to accept the revised content of this Agreement. If you have any objections to the revised agreement content, please stop logging in or using Fotee immediately.
16.2 Our notifications to you may be conducted in one or more of the following ways, including but not limited to system prompts, page pop-ups or prompts, announcements, in-site letters, emails, and mobile phone text messages. If your contact information reserved in Fotee changes, you shall update it in time. Our notifications may have a significant impact on your rights and obligations. You should pay attention to maintaining a contactable status and check the above notification content in time.
17.1 The establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. If any provision of this Agreement is invalid due to conflict with relevant laws and regulations, these provisions shall be reinterpreted and applied in accordance with the principle of being as close as possible to the original purpose of this Agreement without violating the law, and other provisions of this Agreement shall still have full force and effect.
17.2 The signing place of this Agreement is Haidian District, Beijing, the People's Republic of China. If you have any disputes with us, both parties shall try to resolve them through friendly negotiation. If the negotiation fails, you agree to submit the dispute to the competent people's court in Haidian District, Beijing for litigation resolution.
17.3 The headings in this Agreement are for convenience of reading only and shall not affect the meaning or interpretation of any provision in this Agreement.
17.4 You and we are independent entities. Under no circumstances shall this Agreement constitute any form of express or implied guarantee or condition for you, nor shall it constitute an agency, partnership, joint venture or employment relationship between the parties.