Terms of Use
We are pleased to welcome you on our Platform (hereinafter "Platform") integrated in
Shenzhen Xiaoruo Technology Co., Ltd's website and mobile applications. For the purpose
of these Terms of Use (hereinafter "Terms") Shenzhen Xiaoruo Technology Co., Ltd will be
referred to as "we" or "us". For your convenience as the user of the Services, you shall
be referred to as "you", "your" or "User".These Terms establish the terms and conditions
under which you, as a user, may create an account, access, and use the Platform,
services, content, products, applications, and websites operated by Shenzhen Xiaoruo
Technology Co., Ltd (hereinafter collectively referred to as the "Services").If you are
less than 18 years of age (or age of majority in your urisdiction), you may use the
Services ONLY with the consent of your parent or legal custodian. Please make sure, that
your parent or legal custodian has reviewed and discussed these Terms with you.These
Terms form a legally binding agreement between you and us; hence we encourage you to
review these Terms before using the Services to avoid confusion related to enforcement
of these Terms. IF YOU DO NOT AGREE TO BE BOUND BY
THESE TERMS, DO NOT USE (OR IMMEDIATELY CEASE TO USE) OUR SERVICES.
1. Acceptance
1.1. Your access and/or use of the Services shall serve as a confirmation that you
agree to comply with these Terms, and that you have legal capacity to enter into a
binding agreement with Shenzhen Xiaoruo Technology Co., Ltd.
1.2. Your access to and use of the Services is subject to Shenzhen Xiaoruo Technology Co., Ltd's Privacy Policy
(available at https://xiaoruo.net/addonscraft/privacy) and Shenzhen Xiaoruo Technology Co., Ltd's Guidelines
(available at https://xiaoruo.net/addonscraft/community). By using the Services, you
consent to the terms of the Shenzhen Xiaoruo Technology Co., Ltd's Privacy Policy.
1.3. In the event that the Services are accessed and/or used by or on behalf of a legal
entity, you hereby warrant and represent that:
(i) you are an authorized legal representative of respective legal entity;
(ii) you are legally authorized to enter into a binding agreement with Shenzhen Xiaoruo Technology Co., Ltd on
behalf of such entity; and
(iii) you agree to comply with these Terms on behalf of such entity.
1.4. Modifications to these Terms are effective immediately upon notice made:
(i) by posting on Shenzhen Xiaoruo Technology Co., Ltd's website
(available at https://xiaoruo.net/addonscraft/terms);
(ii) by email notification; or
(iii) through any of our applications.
1.5. It is your responsibility to review the Terms from time to time for any changes.
Your access and use of the Services following any modification of these Terms will
signify your assent to and acceptance of the same. If you object to any subsequent
revision to the Terms, immediately discontinue use of our Services and, if applicable,
terminate your account.
2. Access and Use Limitations
2.1. Unless We specifically authorize you to use the Services otherwise, Our Services
are provided for your personal non-commercial use only. We may offer certain portions
of the Services at no charge, for a one-time fee, on a subscription basis, or under
any other lawful pricing structure. In all of above instances, our Services are not
being sold to you; rather, you are being granted or purchasing a limited license to use
the Services. We also reserve the right to grant a license for commercial use of the
Services to legal entities, acting as User(s) in accordance with these Terms, on
separate terms agreed upon between such legal entities and Shenzhen Xiaoruo Technology Co., Ltd.
2.2. Unless specifically provided otherwise, use of any of our paid Services does not
transfer across operating systems and/or different equipment (e.g., mobile devices,
computers, etc.). For example, unless we specifically tell you otherwise, use of our
mobile Application is limited to the specific device and/or operating system you are
using at the time you purchase a license to use the Application.
2.3. When using our Services, you agree to comply with all applicable federal, state,
and local laws including, without limitation, copyright laws. Except as expressly
permitted under these Terms or as we may otherwise permit, you may not use, reproduce,
duplicate, make unauthorized copies of, modify, alter, adapt, reverse engineer,
disassemble, decompile, distribute or create derivative works based upon, publicly
display, publicly perform, publish, transmit, or otherwise exploit Service Content
(as defined below) or any content included therein, for any purpose whatsoever, without
obtaining prior written consent from us or, in the case of third-party content, its
applicable owner. You acknowledge that by downloading, installing, or printing Service
Content, you do not acquire any rights (including ownership) in relation to Service
Content.
2.4. Furthermore, except as expressly permitted under these Terms, applicable laws and
regulations, you, as a user, may not:
(i) access or use the Services if you do not have legal capacity to agree to these
Terms or you are not authorized to use the Services by your parent or legal
custodian;
(ii) remove, alter, cover, or distort any copyright and/or trademark notice, or notice
relating to other proprietary rights, that we include into the Services or Service
Content;
(iii) transfer, distribute, license or sell in whole or in part, the Services or any
derivative works therefrom;
(iv) market, rent or lease the Services for profit or any kind of remuneration, or use
the Services for advertising or commercial solicitation;
(v) use the Services, for any commercial or unauthorized purpose, including
communication or facilitation of commercial advertisements, or spamming, without
Shenzhen Xiaoruo Technology Co., Ltd's express written consent;
(vi) circumvent, disable or otherwise interfere with or attempt to interfere with the
normal work of the Services and their security features including, without limitation,
any features that prevent or restrict use of or copying of any software or other
Service Content, disrupt Shenzhen Xiaoruo Technology Co., Ltd's website or any networks connected to the
Services,or bypass any measures that we may use to prevent or restrict access to the
Services;
(vii) incorporate the Services or any part thereof into any other program or
product;
(viii)use automated devices, manual processes, or scripts to copy or "scrape" Service
Content for any purpose without Shenzhen Xiaoruo Technology Co., Ltd's express written permission;
(ix) collect or harvest personal information (including personal data) of other users
of the Services including, without limitation, usernames, passwords, or email
addresses;
(x) use network-monitoring software to determine architecture of or extract usage data
from the Services;
(xi) violate U.S. export laws, including, without limitation, Export Administration Act
and the Export Administration Regulations administered by the Department of
Commerce;
(xii) engage in any conduct that restricts or inhibits other user(s) from using or
enjoying the Services;
(xiii)attempt impersonation of any person or entity, provide false statements,
misrepresent yourself or your affiliation with any person or entity (including Shenzhen Xi aoruo Technology Co., Ltd), attempt to represent your content as Service Content or as con tent provided by Shenzhen Xiaoruo Technology Co., Ltd;
(xiv)distribute, promote, upload, store, make available for other users or share any
content or material(s) that are sexually explicit, violent or discriminatory (based on
race, gender, disability, sexuality, or age); attempt to receive access to other users'
account(s), service(s) or system(s), or create false identity on the Services.
2.5. In accordance with Terms and Community's Guidelines, it is prohibited to use the
Services in a way that may negatively affect Shenzhen Xiaoruo Technology Co., Ltd's reputation.
2.6. In addition to above limitations, your access to and use of the Services must at
all times be compliant with Shenzhen Xiaoruo Technology Co., Ltd Community's Guidelines and Privacy Policy.
2.7. Shenzhen Xiaoruo Technology Co., Ltd reserves the right, at its sole discretion, at any time and without
prior notice, to remove or disable access to content and/or material(s) available on
the Services for any reason or without reason.
3. User-Generated Content
3.1. Users of the Services may upload, post, transmit or otherwise make available
through the Services content, including, but not limited to, text, photographs, videos,
audio and/or music files embodied therein, videos / audiovisual works (hereinafter
referred to as "User Content"). Users of the Services are allowed to extract User
Content created by other users to produce User Content in collaboration with other
Users, that combine and integrate User Content generated by more than one user. Users
of the Services may also overlay music, graphics, and other elements provided by
Shenzhen Xiaoruo Technology Co., Ltd onto this User Content and transmit this User Content through the Services.
The information and materials in the User Content, including User Content that includes
the abovementioned elements, have not been verified or approved by us. The views
expressed by other users on the Services do not represent our views or values.
3.2. Whenever you access or use a feature that allows you to upload or transmit or
otherwise make User Content through the Services (including via certain third-party
social media platforms such as Instagram, Facebook, YouTube, Twitter, etc.), or to make
contact with other users of the Services, you must comply with the standards set out at
"Access to and Use Limitations" above. You may also choose to upload or transmit your
User Content, on sites or platforms hosted by third parties. If you decide to do this,
you must comply with their content guidelines as well as with the standards set out at
"Access to and Use Limitations" above. As noted above, these features may not be
available to all users of the Services, and we have no liability to you for limiting
your right to certain features of the Services.
3.3. You warrant that any such contribution does comply with those standards, and you
will be liable to us and indemnify us for any breach of that warranty. This means you
will be responsible for any loss or damage we suffer as a result of your breach of
warranty.
3.4. Any User Content will be considered non-confidential and non-proprietary. You must
not post any User Content on or through the Services or transmit to us any User Content
that you consider to be confidential or proprietary. When you submit User Content
through the Services, you agree and represent that you own that User Content or you
have received all necessary permissions, clearances from, or are authorised by, the
owner of any part of the content to submit it to the Services, to transmit it from the
Services to other third party platforms, and/or adopt any third-party content.
3.5. If you only own the rights in and to a sound recording, but not to the underlying
musical works embodied in such sound recordings, then you must not post such sound
recordings to the Services unless you have all permissions, clearances from, or are
authorized by, the owner of any part of the content to submit it to the Services.
3.6. You or the owner of your User Content still own the copyright in User Content sent
to us, but by submitting User Content via the Services, you hereby grant us an
unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual
worldwide license to use, modify, adapt, reproduce, make derivative works of, publish
and/or transmit, and/or distribute and to authorize other users of the Services and
other third-parties to view, access, use, download, modify, adapt, reproduce, make
derivative works of, publish and/or transmit your User Content in any format and on any
platform, either now known or hereinafter invented.
3.7. You further grant us a royalty-free license to use your username, image, voice,
and likeness to identify you as the source of any of your User Content; provided,
however, that your ability to provide an image, voice, and likeness may be subject to
limitations due to age restrictions.
3.8. For the avoidance of doubt, the rights granted in the preceding paragraphs of this
Section include, but are not limited to, the right to reproduce sound recordings
(and make mechanical reproductions of the musical works embodied in such sound
recordings), and publicly perform and communicate to the public sound recordings
(and the musical works embodied therein), all on a royalty-free basis. This means that
you are granting us the right to use your User Content without the obligation to pay
royalties to any third party, including, but not limited to, a sound recording copyright
owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher),
a performing rights organization (a "PRO"), a sound recording PRO, any unions or guilds,
and engineers, producers or other royalty participants involved in the creation of User
Content.
3.9. As a Platform user, you are responsible for the content you post. If you have
questions about copyright law or trademark law, such as questions about whether your
content or your use of another person's name or brand infringes or otherwise violates
another person's rights, you may want to contact an attorney. If you are unsure whether
the material you plan to report to us is infringing or otherwise violating another
person's right, you may also want to first seek legal advice before reporting such
content to us.
3.10. Shenzhen Xiaoruo Technology Co., Ltd reserves the right to remove User Content that infringes or violates
intellectual property rights (including copyright and/or rights under trademark) of
third parties.
4. Waiver of Rights to User Content
4.1. By posting User Content to or through the Services, you waive any rights to prior
inspection or approval of any marketing or promotional materials related to such User
Content. You also waive all rights of privacy, publicity, or any other rights of a
similar nature in connection with your User Content, or any portion thereof. To the
extent any moral rights are not transferable or assignable, you hereby waive and agree
never to assert any moral rights, or to support, maintain or permit any action based on
any moral rights that you may have in or for any User Content you post, upload, or
distribute in any form to or through the Services.
4.2. We also have the right to disclose your identity to any third party who is claiming
that any User Content posted or uploaded by you to our Services constitutes a violation
of their intellectual property rights or their right to privacy.
4.3. We, or authorized third parties, reserve the right to cut, crop, edit or refuse to
publish, your content at our or their sole discretion. We have the right to remove,
disallow, block or delete any posting you make on our Services if, in our opinion, your
post does not comply with the content standards set out at "Access and Use" above. In
addition, we have the right – but not the obligation – in our sole discretion to remove,
disallow, block or delete any User Content:
(i) that we consider as violation of these Terms, or
(ii) in response to complaints from other users or third parties, with or without notice
and without any liability to you. As a result, we recommend that you save copies of any
User Content that you post to the Services on your personal device(s) in the event that
you want to ensure that you have permanent access to copies of such User Content. We do
not guarantee the accuracy, integrity, appropriateness, or quality of any User Content,
and under no circumstances will we be liable in any way for any User Content.
4.4. You control whether your User Content is made publicly available on the Services to
all other users of the Services or only available to people you approve. To restrict
access to your User Content, you should select the privacy setting available within the
Platform.
4.5. We accept no liability in respect of any content submitted by users and published
by us or by authorized third parties.
4.6. If you wish to file a complaint about information or materials uploaded by other
users, contact us at: ciweixiansen@icloud.com.
4.7. Shenzhen Xiaoruo Technology Co., Ltd takes reasonable measures to expeditiously remove from our Services any
infringing material that we become aware of. It is Shenzhen Xiaoruo Technology Co., Ltd's policy, in appropriate
circumstances and at its discretion, to disable or terminate the accounts of users of
the Services who repeatedly infringe copyrights or intellectual property rights of
others.
5. Intellectual Property
5.1. Shenzhen Xiaoruo Technology Co., Ltd's Terms and Community Guidelines do not allow posting, sharing, or
sending any content that violates or infringes someone else's copyrights, trademarks,
or other intellectual property rights.
5.2. Our Service Content and all intellectual property rights to the same are owned by
us, our licensors, or both. Additionally, all trademarks, service marks, trade name,
and trade dress that may appear in our Services are owned by us, our licensors, or
identified third parties. Except for the limited use rights granted to you in these
Terms of Use, you shall not acquire any right, title, or interest in our Services or
any Service Content. Any rights not expressly granted in these Terms of Use are
expressly reserved.
5.3. We will respond promptly to claims of copyright or trademark infringements that are
reported to our support team that we have designated to receive notifications of claims
infringement. If you are a copyright or a trademark owner (or authorized to act on
behalf of such owner) and believe that your work's copyright or trademark have been
infringed, please report infringement to us by providing our support team with a
written notification of claimed infringement that includes the following essential
information:
(i) A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an electronic mail address at which you may be
contacted.
(v) A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed. We will investigate notices of copyright infringement and
take appropriate actions under the Digital Millennium Copyright Act. Inquiries that do
not follow this procedure may not receive a response.
6. Intellectual property Infringement
6.1. We do not allow any copyright or trademark infringement:
(i) Trademark infringement, which is generally the unauthorized use of a trademark or
service mark in connection with goods or services in a way that is likely to cause
confusion, deception, or mistake about the source, origin, sponsorship, or affiliation
of the associated goods and/or services.
(ii) The use of copyrighted content of others without proper authorization or legally
valid reason is a violation. Infringement of intellectual property by the Users may
lead to a violation of Shenzhen Xiaoruo Technology Co., Ltd's policies.
6.2. At the same time, we keep in mind, that not all unauthorized uses of copyrighted
content constitute an infringement. In many countries, exceptions to copyright
infringement allow the use of copyrighted works under certain circumstances without
authorization. These include the fair use doctrine in the United States and permitted
acts of fair dealing in the European Union (and other equivalent exceptions under
applicable local laws in other countries).
6.3. Additionally, the use of another's trademark for purposes of accurately
referencing, lawfully commenting, criticizing, parodying, or reviewing the trademark
owner's products or services, or for purposes of comparing them to other products or
services, where the mark is not used to designate the user's own goods or services or
those of a third party, is generally not considered a violation of our policies.
Likewise, it is generally permissible to make a fan page about a brand, even without
the brand's permission, provided that you do not claim to speak for or be associated
with the brand or otherwise violate the brand's intellectual property rights.