Pro Camera

TERMS OF SERVICES

Your use of the App is subject to these Terms of Services (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using the App.

"The App"
“The App” refers to a software application developed by us and all related services ("Services") provided by us.

"You"
For all purposes of these Terms, “You” refers to the user of the App anywhere in the world.

"These Terms"
These Terms govern the relationship between you and us in regard to your use of the App. Before accessing or using the App, including accessing a mobile App and a PC application, you must agree to these Terms, and any other policies available in the App.
BY INSTALLING, USIN BY INSTALLING, USING OR OTHERWISE ACCESSING THE APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE APP. THE USE OF THE APP IS VOID WHERE PROHIBITED.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, and any other policies available in the App at any time by incorporating the amended terms in the App. You will be deemed to have accepted such changes by continuing to use the App. If at any point you do not agree to any portion of the then-current version of these Terms, or any other policies, relating to your use of the App, your license to use the App shall immediately terminate, and you must immediately stop using the App.

"Use of The App"
Subject to your agreement and continuing compliance with these Terms, we grant you a, non-transferable, non-sublicensable, revocable limited license to access and use the App for your own non-commercial purposes. You agree not to use the App for any other purpose.
You must comply with these Terms and any policy available in the App during your use of the App and only use the App as permitted by applicable laws and regulations, wherever you may be when you use the App. For example, you agree that you will not, under any circumstances, use the App to produce, store and make public, any content infringing upon any third party‘s rights to its reputation, portraiture, privacy, design, trademark and any other lawful rights.
Using the App does not give you the ownership of our intellectual property rights in the App. All rights, title and interest in and to the App (including, but not limited to, any program, any future updates, computer code, themes, objects, characters, music, in-side design and artwork, image setting profile information, trademark visual effects, user interfaces, functionality, methods of operation, trademark, titles, moral rights, documentation and so on) are owned by us and our licensors. We reserve all rights, including, but not limited to, all intellectual property rights or other proprietary rights, in connection with the App and the Services. As expressly provided in these Terms, you must accept that you have no rights to our intellectual property, in particular to the use of our trademarks, product names, domain names or any other distinctive brand features.
WE RESERVE THE RIGHT TO DETERMINE WHAT CONDUCT WE DEEM TO BE IN CONFLICT WITH THE SPIRIT OR INTENT OF THE APP AND ALL RELATED SERVICES OR MAKE IMPROPER USE OF THE APP.

Your Content in The App
We do not claim ownership of the content that you process, submit, share or post in the App and you retain ownership of any intellectual property rights that you hold in that content.

Users’ Actions
You agree that you shall not involve any illegal or inappropriate activities by using the service, including but not limited to the following activities:
1) Publish or transmit information that contains the following content:
* Opposes the cardinal principles determined in the Constitution;
* Compromises state security, divulges state secrets, subverts state power, or undermines the unity of the nation;
* Damages the honour and interests of the nation;
* Incites ethnic hatred or racial discrimination or undermines the national solidarity;
* Sabotages the religious policies of the state, propagates heresies or superstition;
* Disseminates rumours, disrupts the social order or undermines the social stability;
* Disseminates obscenity, pornography, gambling, violence, murder, horror or instigates others to crime;
* Infringes others' legitimate rights and interests by insulting or slandering others; or is otherwise prohibited by the laws or administrative regulations;
* We deemed to be inappropriate to display.
2) Infringes others' legitimate rights and interests by any means.
3) Using an artificial identity or claiming an inaccurate relation to any individual or organisation.
4) Publish, send email or transmit any information learned by any contract or legal relationship (such as internal, exclusive or confidential information learned through confidential agreement or employment relationship) but has no rights to transmit.
5) Publish or transmit contents which infringe third parties’ copyrights, patents, trademarks, business secrets or other exclusive rights (“exclusive rights”).
6) Publish or transmit any advertisements, promotional materials, junk mail, spam mail, chain mail, direct selling mail or any persuasive information.
7) Publish or transmit any computer virus, computer code, file, program or any material designed to interfere, damage or restrict any computer software, hardware or communication equipment functions.
8) Interfere or damage the service or the server and network connected with the service, or violate any of the regulations, programs or rules about connected network of the service.
9) Harassing others by tracking, cyber manhunt or by other means.
10) Deliberately or unintentionally violation of any applicable laws and any effective rules.

Special Warning for International Use
You acknowledge the non-national boundary of network, you agree to comply with local laws and regulations about online behaviour. You specially agree to comply with the applicable laws and regulations of PRC or the country or district you belong to about the transmission of output information. If you violate any provision of PRC or the country or district you belong to, you shall bear all legal responsibilities.

Compensation
You agree to compensate us and our subsidiary, affiliated enterprise, senior staff, agency, co-owner of the brand, other cooperative partner or staff to protect them against damages and agree to bear all legal responsibilities of any third party claim or demand, including legal fees, arising from or lead by the content you provided, published or transmitted through the service, your connection with the service, your violation of the Terms of Use, or your infringement of the third party’s rights.

Advertising Content in The App
The App may contain advertising or commercial content. You understand and agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in the App as some of our Services will be supported by advertising revenue. You further agree that we may use targeted advertising to try to make advertising more interesting and valuable to you.

IN-APP PURCHASES
The App may include virtual strings or services that can be licensed for a fee, typically via an in-app purchase ("Purchased Content"). You may only license Purchased Content if you are over 18 years old, and only on a limited, personal, non-transferable, non-sublicenseable and revocable basis for non-commercial use only. If you deactivate your account, you will no longer have access to previously Purchased Content even if you later re-activate your account or create a new account. The App reserves the right to manage, regulate, control, modify, or eliminate Purchase Content at any time. Upon the Purchased Content being made available to you, the App's obligations to provide Purchase Content are deemed fulfilled, and the App makes no representation that Purchased Content will be available to the purchaser for any length of time nor that the App Services will continue to support Purchased Content. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT THE APP IS NOT REQUIRED TO PROVIDE A REFUND FOR PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS OF LICENSE WAS VOLUNTARY OR INVOLUNTARY.

Suspension and Termination
Although it is our intention for the Services in the App to be available as much as possible, there will be occasions when the Services in the App may be at our sole discretion suspended or terminated, including, but not limited to, for scheduled maintenance or upgrades, for emergency repairs, for our sole business strategy shift. Where reasonably practicable, we will give you notice of any suspension or termination. Notwithstanding the above mentioned, we will under no circumstances be held liable to you for any loss and cost arising from or in connection with the suspension and/or termination of our Services in the App. We recommend that you keep a backup copy of Your Content at all times.

Disclaimer
1) Each user expressly agree that he shall be fully responsible to the risks that the text, message, material, music, picture, graphic, video, information or other personal information he uploads to internet may be duplicated or reproduced by other user entity or person for other purposes. Each user shall be fully responsible to all the consequences using the service of the App, and we are not responsible to the users.
2) Users’ text, message, material, music, picture, graphic, video, information or other personal information used by official account such as microblog or Wechat for promotion is not an infringement of the user’s relevant rights, and we are not responsible.
3) We will delete malicious comments aim at a user after report, but we do not guarantee user’s satisfaction, nor do we shall be responsible to that malicious comment.

Warranties and Guarantee
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER WE NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR UNDERTAKINGS OF ANY KIND WHATSOEVER, EXPLICITLY OR IMPLIED, AS TO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF SERVICES. TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS, WE EXCLUDE ALL WARRANTIES.

Liability For The App
TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS, WE SHALL IN NO EVENT BE LIABLE TO YOU FOR DAMAGES FOR LOSS OF REVENUES OR PROFITS, LOSS OF GOODWILL OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES IN CONNECTION WITH THE APP AND THE SERVICES, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE AGGREGATE LIABILITY OF THE APP FOR ALL CLAIMS FOR ANY LOSS, DAMAGE OR INDEMNITY WHATSOEVER RESULTING FROM YOUR USE OF THE APP SHALL IN NO CASE EXCEED THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE APP TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM.

Governing Law and Dispute Resolution
These Terms, including, but not limited to, its conclusion, validity, construction, performance and settlement of the disputes, shall be governed by the law of the Hong Kong Special Administrative Region, without giving effect to the principles of conflict of law. Any dispute arising from, or in connection with the Contract shall be first settled through friendly negotiation between You and us. In the case where no settlement to disputes can be reached through amicable negotiation, the disputes shall then be submitted to Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. The arbitration proceedings will be conducted in English. The arbitral award is final and binding upon both parties. The arbitration fees shall be borne by the losing one except otherwise awarded by the arbitration commission.

Governing Language
These Terms may be translated in various languages and the English version of these Terms shall prevail and override.

Notices
We may notify you via postings in the App, and via e-mail or any other communications means, based on the contact information you provide to us.

Special Terms for USA User
If you are a user of the App in the United States of America, the following terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency that occurs:
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
EACH OF YOU AND US HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Amended and Effective Date: 2020-3-11