Flyme Service Agreement
Given your use of MEIZU services, the following Terms of Service (TOS) are set to specify the rights and liabilities of either party hereto. The term “MEIZU” is used hereinafter to refer to MEIZU Technology Co., Ltd. and other organizations possibly related to the operation of MEIZU services. The term “users” used in the TOS means people who use MEIZU services, hereinafter mostly referred to as "you".
I. Service Scope
The TOS covers products and services which MEIZU provides to the users, including without limitation data synchronization, mobile phone security, communication, Internet value-added services, and electronic business.
II. Confirmation and Alteration
The rules, TOS and operation regulations of the products and services provided via Flyme shall be strictly executed. Before using the services provided via Flyme, please read the TOS carefully and check the Terms of Use on Situations not included in the TOS are subject to the Terms of Use. By using the services provided via Flyme, you accept and agree to be bound by the TOS and the Terms of Use. MEIZU reserves the right to alter the terms and provisions of the TOS when necessary. In case of any alteration, the changed content shall be displayed on important pages. Right after your acceptance, it shall take effect and be adopted into these TOS immediately. In case that you do not accept the alteration, MEIZU is entitled to terminate the TOS and block you from using Flyme. You agree that MEIZU is entitled to stop Flyme in whole or in part, permanently or temporarily, at our own discretion in view of any commercial or rational matters, without prior notice to you. You agree that MEIZU is entitled to prohibit you from accessing your account, in the event that you disobey the following User Liability or other provisions of liability. In such circumstances, you are likely unable to access Flyme, your account information, any files or other products and information stored along with your account. You shall bear responsibility for any results caused thereby.
III. Service Description
1. Services provided via Flyme include without limitation the following:
1.1 Flyme-related services built in MEIZU mobile phones;
1.2 MEIZU website (including any other websites owned or operated by Flyme);
1.3 Mobile phone clients directly owned or operated by Flyme;
1.4 Other technologies and/or services provided via Flyme. (The platform on which the above services are built and operated is collectively referred to as “the Flyme platform”.)MEIZU offers Flyme services for free, but the resulting network traffic fees are to be charged by your mobile operator.When you enable the Phone Finder, Flyme will access the location information of your mobile phone so that you can check the location of your phone.Your contacts, text messages, notes and other information synchronized through Flyme will be stored in the Flyme server. You can view and edit the information on the Flyme website.You can send messages via the Flyme server. MEIZU may refuse to the transmission of certain types of information as per provisions of the relevant laws and regulations or requirements by relevant governmental authorities.
2. All the services provided via Flyme are limited to your use on the Flyme platform. Any conduct intended to separate the contents of the Flyme services from the Flyme platform by malicious cracking or any other illegal means is not part of the services agreed to be provided via Flyme in the TOS. The perpetrators shall be liable for all legal consequences resulting from the above mentioned conducts, and MEIZU may pursue legal action against the perpetrators in accordance with the law.
IV. Changing, Interrupting and Terminating the Services
MEIZU reserves the right to judge whether your conduct complies with the requirements of the TOS or not. In case that you disobey any prescription of these terms, or that MEIZU must terminate the TOS according to laws and regulations or requirements of relevant governmental authorities, or that MEIZU decides not to run Flyme any longer, MEIZU is entitled to terminate these terms at any time. Nevertheless, all legal rights and liabilities of you and MEIZU arisen from these terms, whether the rights and liabilities are accumulative during the validity of these terms or indefinitely valid as prescribed, are not affected by the termination of these terms.
V. Privacy Policy
Respect for users’ privacy is a basic policy of MEIZU. Flyme adopts encryption transfer and protects users’ information completely. Flyme shall not publish, check, edit or disclose your private information and non-published contents stored via Flyme without your authorization, unless under the following circumstances MEIZU deems it is necessary to disclose the information in accordance with integrity and trustworthiness:
(1) for the requirement of recording your use preference to improve our products;
(2) for the requirement of providing your customized services;
(3) for the requirement of relevant laws and regulations, or relevant governmental authorities;
(4) in order to maintain the legitimate rights and interests of MEIZU;
(5) for the requirement of maintaining social public benefits;
VI. User Liability
You agree to provide accurate, current and complete information (“registered data”) when registering for relevant services and using relevant services. You shall maintain and update the registered data to keep them accurate, current and complete. MEIZU is entitled to terminate your rights of using relevant services in whole or in part, in case that any information that you provide is false, inaccurate or incomplete. You agree that MEIZU is entitled to store and use the registered data that you provide for the use of maintaining your account synchronization. You are aware of the risks and hidden dangers of technical security that exist in network transfer, and will take all reasonable measures to manage and protect your private information, especially account information, from vicious stealing. You shall stop operations immediately when finding out the hidden dangers, contact MEIZU timely to feed back on the problems. MEIZU does not bear any commercial and legal responsibilities for the information modification/deletion caused by Flyme system abnormity, you or the third-party.You shall guarantee that you own the copyright or have relevant authorization on any contents or works that you upload or release through the public services in Flyme platform, including without limitation the forum and the album, and you agree to grant MEIZU the irrevocable and perpetual right to use these works and contents all over the globe for free.You shall guarantee the following when using the services provided via Flyme:
(1) Obey relevant laws and regulations in China.
(2) Do not use the services for any illegal purpose.
(3) Do not interfere with the normal operation of the services.
(4) Comply with network protocols, regulations, programs and conventions related to usage of the services.
(5) Do not infringe the Flyme intellectual property in any way.
You shall bear the liability for compensation for the loss that your violation of the TOS causes MEIZU or others.
VII. User Management
1. You shall obey the laws and regulations when using the services, and shall not use the services for illegal conducts, including without limitation:
1.1 Publishing, transferring, transmitting and storing contents that imperil the security and unification of the country, undermine the stability of the society, break the public order and social conventions, or contain insult, libel, obscenity and violence, or any other contents that violate the laws and regulations.
1.2 Publishing, transferring, transmitting, storing contents that infringe upon others’ legitimate rights including without limitation intellectual property right and business secrets;
1.3 Maliciously fabricating facts or concealing the truth to mislead or deceive others;
1.4 Publishing, transferring, transmitting advertisements and spam messages;
1.5 Other conducts prohibited by the law.
2. Should you disobey the TOS, relevant governmental authorities or organizations may take legal proceedings against you, impose a fine or other penalty on you, and requires MEIZU’ assistance. Provided damages are caused, you shall compensate in accordance with the law, and MEIZU does not bear any liabilities thereof.
3. Provided MEIZU finds out or receives reports that the information you publish violates the TOS, MEIZU is entitled to make judgment thereof independently and take technical measurements to delete, block or disconnect the links. Meanwhile, MEIZU is entitled to take measurements including without limitation suspending or terminating the services, restricting, freezing or terminating the use of your Flyme account, or pursue legal actions, depending on the nature of your conducts.
4. Should you violate the TOS and cause any third party damages, you shall take the liabilities independently; for losses MEIZU suffer thereby, you shall compensate as well.
VIII. Disclaimer
1. Meizu is not liable for any direct, indirect, incidental, derivative or punitive damages for the profits loss, business reputation risk, data loss, or other tangible or intangible losses caused by:
(1) Using Flyme service or failure of using Flyme service;
(2) Products, data or services of non-Meizu brands purchased or obtained through the Flyme service;
(3) The user information of the Flyme account that is used or modified without authorization;
(4) Other matters related to the Flyme service.
2. Users should properly keep their Flyme account and password safe, beware of account leakage or theft. Meizu is not liable for any loss caused by the user transferring or lending the account or password to others, or the account leakage or theft. Meizu does not assume responsibility for compensation if the user loses the account and account property due to telecommunication circuit failures in the telecommunications operator, network or computer failure, system instability, force majeure (such as server downtime), etc.
IX. Notice
All notices that Flyme sends to you are transmitted via announcements on important pages, E-mails, SMS or regular mails.
X. Governing Laws and Dispute Resolutions
The validity and interpretation of the TOS shall be governed by the laws of the People’s Republic of China. You and MEIZU consent to the jurisdiction of the People’s Courts in China. In case that any of the Flyme TOS contravenes the laws and regulations of the People’s Republic of China, the terms shall be construed and executed in accordance with the laws and regulations, and other terms remain valid and enforceable.Any disputes between you and MEIZU arising from the services may be resolved through negotiations and consultations. If negotiations and consultations fail, the disputes shall be submitted to the People’s Courts located in Zhuhai city for judgment.
XI. After agreeing to the TOS, you are deemed to have understood and be bound by all terms of the TOS.