Published on: January 16, 2024
Welcome to LOOX (the “Software”, “App” or “Service”), operated by Guangzhou Zhongheng Technology Co., LTD ( “we” or “us”). This Terms of Service( this “Agreement”) is a contract between you and us regarding your downloading, installation and use of this App and related Service.
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH This Agreement OF THIS AGREEMENT. If you do not agree with this Agreement, please stop using the App immediately.
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 App. The App 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 in the applicable country and relevant international agreements.
2)You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of us (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so) and this App. We reserve the right to charge the tort liabilities.
3)You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the App, or create derivative works of the App, the Services, plugins, extensions, compatibility, interconnection behaviors, etc. We reserve the right to charge the tort liabilities, unless you have been obtained our prior written consent.
1)We grant you a personal, revocable, non-transferable and non-exclusive license to use the App. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the App or use the Service on your smart mobile end-device, including but not limited to tablet, smart phone (“end-device”) for non-commercial purposes.
2)You may not use the App under the following conditions:
you shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way;
you shall use the App for lawful purposes only;
you shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App;
you shall not 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 App system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the App system normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.
3)You may not use the App in a way that may lead to damage, suspension, overloading or quality reduction to the App (or server and internet connected to the App), or in the way that may affect the Service provided.
4)You promise not to copy, grant a sub-license, share or sell the App or the Service to any others. You are fully responsible for any fees and expense arising therefrom.
5)We reserve all rights not expressly granted to you. And this license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.
For information about how we collect, use, and share your personal data, please check out our Privacy Policy. You agree that we can use such data in accordance with our Privacy Policy.
Any new features which are added to current Software shall also be subject to this Agreement. You can review the most current version of this Agreement at any time on our Software. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our Software. You understand and agree that if you continuously use our Software after the date of this Agreement have changed, we will treat your continuous use as acceptance and compliance with the updated terms.
The App does not directly target any juvenile users. If you are a juvenile user and decide to use the App any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the App under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use the App in a correct way.
1)Some of the Services provided by the Software will need to be paid for use (“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 Software 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: a) no extra charge is required by us; b) you update the Software as may be required to use the further Paid Services.
2) If you need to obtain and use the subscription service, please understand the charges and methods of the Paid Services in advance. We may independently decide and modify (adjust, including but not limited to promotion, price increase, etc.) our subscription rules within the limits not prohibited by laws and regulations after comprehensive consideration of our operating costs, operating strategies, etc. If the prices of the Paid Services have been adjusted when you purchase or renew the subscription, the currently valid prices posted on the Software shall prevail. Your behavior of opening and paying for the Paid Services is deemed that you are fully aware of the charges and methods of the Paid Services provided by the Software.
3) 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.
4) You acknowledge and agree that the Paid Services are online commodity and virtual commodity, which adopts the method of charging before service, and the subscription fee is the price of the online commodity corresponding to the Paid Services purchased by you, rather than the nature of prepayment, deposit or deposit card, etc. The Paid Services are not transferable or refundable once ordered (except in the case of breach of contract such as the complete inability to use the Paid Services due to major defects, otherwise agreed in this Agreement, laws and regulations require a refund, or you contact us and we believe that you can refund after our judgment). If you do not accept the Paid Services, you may stop using the Paid Services or discontinue the Paid Services.
5) Automatic Renewal
1)Some functionalities of the Service allow you to provide graphics, photos and any other materials (collectively “Content”) to the Software. You understand that, whether or not the Content is published, we do not guarantee any confidentiality with respect to such Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and are not responsible for any loss of the Content.
2)By uploading, posting or otherwise transmitting your Content on or to the App, you voluntarily grant to us and our affiliated companies a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Content. You also permit other users to access, display, view, store and reproduce such Content for personal use under these terms of this Agreement.
3)When you provide your Content to the App, you understand and accept complete responsibility for your Content, including any consequences that may arise. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content. 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 Content.
4)You agree that your conduct through the App will comply with (and you agree that all of your Content shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to your Content; (b) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and © your Content will not: (i) facilitate or promote illegal activity, or contain content that is illegal; (ii) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colour, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit content; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. 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)You agree that you will not post or upload any Content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service.
6)You agree that the Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled.
7)On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such Content complies with the content requirements set out in this Agreement, and may remove such Content and/or terminate a user’s access for uploading such Content, at any time, without prior notice and at our sole discretion.
1)You acknowledge and agree that the App may have potential risks like service interruption, failure to respond to user’s request, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
2) We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
3) In view of business development and adjustment, we reserve the right to amend or terminate the Service without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
4) The Service which is not officially released or authorized by us and the derivative works of us are illegal. user’s downloading, installation, and using this App may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
5) You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
1)All the actions you make and information you post on the App remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or willful misconduct by you;
your access to and use of the App;
the uploading or submission of Content to the App by you;
any breach of this Agreement by you; and/or
your violation of any law or of any rights of any third party.
2)We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
1)Without written authorization from other side, user may not assign or transfer the rights granted by these Terms, or assign the designated responsibilities and obligations to others.
2)The validity and interpretation of these Terms is applicable to laws of the People’s Republic of China (“PRC”). If any provision in these Terms conflicts with 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 we and users agree to resolve the issues arising from these Terms through consultation. If consultation fails, either side can submit the issues to arbitration in accordance with this clause, then any such dispute will be finally and exclusively settled by the China International Economic and Trade Arbitration Commission (“CIETAC”) South China Sub-Commission for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
3) We reserves the final interpretation right on these Terms.
If you have any questions about the Service or this Agreement, or if you would like to obtain a previous version of the current document, feel free to contact us at fancybeautyteam@163.com.