Last Updated: 08/20/2019
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE QR READER MOBILE APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE THE SERVICE AND DELETE THE QR READER MOBILE APPLICATION IMMEDIATELY.
These Terms of Use (these "Terms") are between you ("you"), as either an individual or as a business entity, and Lioncity Limited ("Company," "we," "us," or "our") governing your use of QR Reader mobile application (the "App") made available for download by the Company, and any related services, aspects, functions, software platforms and derivatives of the QR Reader Service (collectively, the "Service").
In consideration for your use of the Service, you agree as follows:
1.1 We grant you a temporarily, non-exclusive, limited, personal, non-transferable, revocable license to use and download the App, without the right to sublicense, under the following conditions:
1.1.1 you shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way;
1.1.2 you shall use the App for lawful purposes only;
1.1.3 you shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App;
1.1.4 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.
1.2 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 Services provided.
1.3 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.
1.4 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.
2.1 We hereby grants you permission to access and use the Service as set forth in these Terms, provided that:
1. 1. 2Fr any paid service offered by us ("Paid Service"), 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 must have a valid accepted form of payment on file in order to purchase Paid Services. You agree to abide by any relevant Terms of Service or other legal agreement whether with Apple, Google or a third party, that governs your use of a given payment processing method. Prices for any Paid Service may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order. We will charge your credit card or other form of payment for the price listed on the relevant Paid Service offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the billing period, we reserve the right to immediately revoke your access to any Paid Service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, we may cancel your Paid Service. 2. 3Please be aware that, as soon as you purchase the Paid Service, we will not refund the payment to you whether or not you use this Service. 3. 4We use third-party advertising companies to serve ads when you visit our App. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites or App in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp.
3.1 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.
3.2 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.
3.3 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.
4. Privacy and Personal Information
Use of the App is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy and personal information is important to us. We designed the Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read this Privacy Policy carefully and use it to make informed decisions.
5. Accuracy of Materials
The materials appearing on the App could have technical errors. We do not warrant that any of the materials on it are accurate, complete or current. We may make changes to the materials contained on its website at any time without notice. Moreover, we do not make any commitment to update the materials.
6. Limitation of Liability and Disclaimer
6.1 You acknowledge and agree that the App and the Services may have potential risks like service interruption, failure to respond to users'requests, 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.
6.2 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.
6.3 In view of business development and adjustment, we reserve the right to amend or terminate the 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.
6.4 The Services which is not officially released or authorized by us and the derivative works of us are illegal. User's downloading, installation, and using this software may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
6.5 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
7. 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 these Terms 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.
8. Modifications
We may revise these terms of use for the App at any time without notice. By using the App you are agreeing to be bound by the then current version of these Term.
9. Use by Juveniles
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 these Terms and other related legal documents in order to guide you to use the App in a correct way.
10. U pdate，Discontinuation, Suspension and Termination of the App
10.1 You have the right to stop using the App at any time.
10.2 The App may be updated from time to time. You may at your own discretion decide whether to accept the updates or not. We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.
10.3 We reserve the rights to amend, interrupt, suspend or terminate to provide the App based on the actual situation at any time, which includes but not limited to the memory space obtainable to a single user, the nature and quantity of the contents uploaded and other data or the ability of the users on continuously accessing the App and services, etc. We will make reasonable effort to notify you.
10.4 You agree that we may, without prior notice, suspend or terminate the Services related to the App if:
10.5 Upon termination of the Service, we, subject to the applicable law and regulation, reserve the right to completely delete all information of you, and we shall no longer undertake obligations to you.
11. Severability
If any provision of these Terms is held to be illegal or unenforceable by any court or arbitral institution, the other provisions shall survive and continue to be binding.
12. Others
12.1 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.
12.2 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.
12.3 The validity and interpretation of these Terms is applicable to laws of the People's Republic of China. 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.
12.4 We reserves the final interpretation right on these Terms.