Terms of Service
Update date: 11.28.2022
1. Preface
1.1 Welcome to the Min Album application .
1.2 This Terms of Service ("Agreement") is a valid agreement between the User and us that sets forth the terms and conditions under which the User will download, install, register, log in, and use (collectively, "Use") the Service. "User" means the user of the Min Album, more commonly referred to as "you" in this Agreement.
1.3 Our application and services include, but are not limited to, providing you with value-added services such as online media, Internet value-added, interactive entertainment, cloud storage, advertising and other value-added services, subject to our actual provision of such services (the "Service").
1.4 Please read carefully and make sure that you fully understand this Agreement before using the Service. The important contents of this Agreement, such as the exclusion or limitation of liability clauses, will be brought to your attention in bold form and you should read them with emphasis. If you are a natural person under the age of 18, please read carefully and make sure that youfully understand this Agreement with a legal guardian and obtain the consent of the legal guardian before using the Service.
1.5 This Agreement also includes the Privacy Policy and there may be separate agreements, rules, etc. for a particular service when you use it. Once formally posted, the foregoing shall be an integral part of this Agreement and you shall abide by the same. Your acceptance of any of the foregoing separate agreements shall be deemed to be your acceptance of this Agreement in its entirety. Your acceptance of this Agreement shall be deemed to be your acceptance of the Privacy Policy.
1.6 By using the Service, you confirm that you have the full civil rights and civil capacity to perform this Agreement and consciously accept the terms and conditions of this Agreement. Otherwise, you should not use the Service.
2. Your right to access and use the Service
2.1 Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, limited, non-transferable, non-sublicensable and revocable license to access and use the Service. We reserve all rights with respect to the Service and the content of our products. You may not copy, revise, reproduce, distribute, transmit, broadcast, display, sell, or use the Service and product content in any unauthorized form for any purpose, without our prior written consent.
2.2 You understand and acknowledge that some features described in this Agreement may only be available to specific users, or may only be uesed in a particular manner (e.g. for a fee). The services you can actually enjoy when accessing and using the Service are subject to what we actually provide to you.
2.3 In order to improve user experience, meet user needs, ensure the security and stability of products and services, or based on legal and regulatory requirements, we will from time to time updates or modify the software(including but not limited to modifications, upgrades, migrations, development of new features, changes, suspension or cancellation of certain features). In the circumstances mentioned above, the Service may be interrupted or suspended for a reasonable period of time. You agree that we shall not be liable to you for any interruption or suspension of the Service. Where possible, we will notify you of the foregoing in a reasonable manner. In the event of unconventional maintenance due to force majeure, underlying carrier, etc., we will notify you of such events in as reasonable a manner as soon as possible after they occur.
3. User Specifications
3.1 Behavioral requirements
You shall properly set up and use the Service and take certain security measures on your own to protect and back up your content. You represent and warrant that the algorithms, models, data, products, and services you access on the Service are secure, stable, and effective, and do not contain any other software programs, viruses, worms, Trojan horses, and other harmful computer code, files, scripts, programs, or any of the malware features, and will not cause damage to us and/or our affiliates' related systems, or to our and/or its affiliates' or other third party data. You are solely responsible and liable for security breaches caused by your content, including but not limited to viruses, Trojan horses, worms or other harmful programs, or security breaches caused by your failure to use the Services in accordance with this Agreement.
When you enjoy the Service, you are not allowed to:
3.1.1 Use any plug-in, plug-in, system, program or third party tool not authorized or licensed by us to interfere with, disrupt, modify or otherwise affect the normal operation of the Service, including but not limited to using automated scripts and other means to collect information from or interact with the Service, using a significant amount of the System or network bandwidth resources of the Service, which may place a severe load on the System and affect the network, servers, products or applications of other users of the Service.
3.1.2 Use or target the Service for any conduct that jeopardizes the security of the computer network, including but not limited to:
(1) Illegal intrusion into the network, interference with the normal function of the network, theft of network data and other activities that endanger network security.
(2) Providing programs and tools specifically designed to engage in network intrusion, interference with normal network functions and protective measures, theft of network data and other activities that endanger network security.
(3) Knowing that others are engaged in activities that endanger network security, to provide technical support, advertising and other assistance.
(4) Use of unauthorized data or access to unauthorized servers/accounts.
(5) Unauthorized access to public computer networks or other people's computer systems and delete, modify, add stored information.
(6) Unauthorized attempts to probe, scan, test the vulnerability of the Service's systems or networks or any acts that undermine network security.
(7) Attempts to interfere with or disrupt the normal operation of the service system or website, intentional dissemination of malicious programs or viruses and other acts that disrupt and interfere with normal network information services.
(8) Forging of whole or partial TCP/IP packet names.
(9) Copy, imitate, modify, translate, adapt, lend, sell, sublicense, transmit or transfer the related services on website, or reverse engineer, disassemble, compile or otherwise attempt to discover the source code of the Service and related services.
(10) Violation of laws, regulations, agreements, our relevant rules and commit other acts that violate the legitimate rights and interests of others.
3.1.3 Use the Service for advertising purposes or for any commercial promotion or reproduction, distribution, licensing, transfer, lease or sale of the Service, in whole or in part.
3.1.4 Bypass any measures that we may use to block or restrict access to the Services.
3.1.5 Incorporate the Service or any part thereof into any other program or product.
3.1.6 Impersonate another person or other organization, or make false or inappropriate statements about your own identity or your relationship with another person or other organization, including giving the impression that any content you upload, post, transmit, distribute or make available is from the Service.
3.1.7 Use or attempt to use another person's account, service or system without our authorization, or create a false identity on the Service.
3.1.8 Conduct other acts that violate laws, regulations, our relevant rules or infringe the legitimate rights and interests of any third party.
3.2 Information content specification
4.2.1 The content you develop, produce, utilize, upload, comment, publish, disseminate, store and share using the Service (including but not limited to the content uploaded to the Service that is not publicly shared) shall consciously comply with relevant laws and regulations, otherwise we have the right to take corresponding processing measures immediately. You shall not use the Service to produce, copy, store, publish, disseminate the following information:
(1) Those that oppose the fundamental principles established by the Constitution
(2) Endangering national security and divulging state secrets
(3) Subverting state power, overthrowing socialism, inciting secession and undermining national unity
(4) Causing damage to national honor and interests.
(5) Those that promote terrorism and extremism.
(6) Promoting ethnic hatred, ethnic discrimination and undermining national unity
(7) Inciting to regional discrimination, regional hatred
(8) Underming the national religious policy and promoting evil cults and feudal superstitions
(9) Fabricating, disseminating of rumors, false information, disrupting the economic and social order, and undermining social stability.
(10) Disseminating, propagating obscenity, pornography, gambling, violence, murder, terrorism or abetting crime
(11) Endangering network security, or trying to use the network to endanger national security, honor and interests.
(12) Insulting or defaming others and infringing on their legitimate rights and interests.
(13) Intimidating and threatening to use violence against others and implementating human-powered search.
(14) Distorting, scandalizing, desecrating, denying the deeds and spirit of heroic martyrs, insulting, slandering or otherwise infringing on the name, portrait, reputation and honor of heroic martyrs.
(15) Spreading obscene language that undermines the public order and morals.
(16) Infringing on privacy rights, reputation, portrait rights, intellectual property rights and other legitimate rights and interests of others content.
(17) Any advertising, soliciting promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other prohibited form of solicitation.
(18) Infringing on the legitimate rights and interests of minors or causing damage to the physical and mental health of minors.
(19) Other information that violates laws and regulations, public policy, social security and public order and morality, interferes with the normal operation of the Service or violates the legitimate rights and interests of other users or third parties.
3.3 If we find or receive reports or complaints from others that a user has violated this Agreement, we have the right to make independent judgment and take appropriate measures, including removing or blocking the relevant content at any time without notice and, depending on the circumstances of the act, imposing penalties on the offending account, including but not limited to warnings, restricting or prohibiting the use of some or all functions, account banning or even cancellation, and we will announce the results of the treatment.
4. Advertisement and External Links
4.1 You acknowledge and authorize that our products and services may contain third parties’ commercials or promotional advertisements, which may be activated and made available to you in the form of lock screens, feature unlocks, campaign incentives, etc. Such content is provided by the advertiser or provider of the goods/services, who take full responsibility, and we are only the medium for posting the content. The transaction of such services or goods purchased by users through us or websites linked to us is between users and the providers of such goods or services, and is not related to us. Therefore, we do not assume any legal responsibility for the transaction mentioned above, and you should carefully judge the authenticity and reliability of the advertisements appearing in the Service, and except as expressly provided by law, you shall be responsible for the acts performed as a result of such advertisements.
4.2 We may also cooperate with third parties to provide certain features or services to you, for example, our products and services may contain links to other online services or resources, which are provided by the third party service providers and for which they are responsible. In the process of using the third party services, you are required to comply with the third party's user agreement, privacy policy and other related terms and conditions in addition to this Agreement. You understand and acknowledge that we have no control over your use of such third-party services or resources, and therefore, unless otherwise agreed herein, your use of such third-party services or resources is governed by the agreement between you and the relevant third party, and we shall not be liable for your use of such third-party services or resources. The existence of such links does not imply that we endorse the legitimacy or security of such third party services or resources.
4.3 You understand and agree that we may make adjustments to the Service and the policies and services of third party applications, and that such adjustments may have an impact on our or third party's services (such as causing the relevant services to no longer be available on the Service, or limiting the functions of third party applications). We will not be liable for them except as expressly provided by law.
4.4 You should fully understand the functions, terms of service and privacy policies of the third party products or services before you choose to use their services.
5. Fees and Subscriptions
5.1 Our products provide some paid services (hereinafter referred to as "Subscription Services"), and you can pay for your subscription through the payment channel in the IOS App Store.
5.2 Refund of fees: You understand and agree that our products are online goods and virtual goods, which adopt the way of charging before service. The subscription service fee is the authorized price for the use of the content corresponding to the service you have purchased, rather than the nature of advance payment or deposit, savings card, etc. Therefore, please understand and agree that once the purchase is successful, you are deemed to have used the product and the service fee is non-refundable unless otherwise provided by law or regulation.
5.3 Charges: The charges for Subscription Services shall be independently decided by us based on the company's operating costs, operating strategies, upstream supplier purchase prices and other comprehensive considerations within the limits not prohibited by laws and regulations (adjustments may include but are not limited to promotions, price increases, etc.). The charges wil be displayed to you on the relevant product pages and payment pages, and we may not provide price protection or refunds in the event of price reductions or promotions. If you purchase or renew the Subscription Services, the relevant charging method changes, the actual charging method shall prevail. If the price of the relevant service has been adjusted, the current price in effect as published by us shall prevail. If you agree to continue the operation (including but not limited to clicking agree, or continue to purchase, or complete the payment behavior, or use the service, etc.), you are deemed to know and agree to the changed charging method and current price.
5.4 Subscription Period: We currently offer weekly, monthly and quarterly subscriptions, so you can choose the right one for you.
5.5 Auto-renewal rules: Auto-renewal is a service introduced to reduce the inconvenience caused by manual renewal and to avoid failure by mistake or for other reasons to renew your subscription in a timely manner, provided that you have subscribed our products and services. If you do not cancel your subscription 24 hours before the expiration of the free trial period or the current subscription period, you agree to authorize us to issue debit instructions according to the debit rules of third-party payment channels when the subscription period is about to expire, and we will debit the next billing period from your account without verifying your account password, payment password, SMS verification code and other information.
(1) Once you authorized us, the auto-renewed sevice will remain in effect for a long time unless you voluntarily and explicitly unsubscribe from the service.
(2) We will automatically renew the subscription and debit within 24 hours prior to the expiration of each cycle. If the balance in your third party account is insufficient to pay for the next cycle of the service, we will automatically stop providing our service. The risk and/or loss of renewal failure due to insufficient debitable balance in the above mentioned account shall be borne by you. Once the payment is successfully deducted, we will open our services for you for the current billing cycle.
(3) We would like to remind you that the amount you pay for our services for the current billing cycle is based on the auto-renewal price you agreed with us when you opened our services: however, in the case of our activities or other circumstances we have agreed with you, the aforementioned amount shall be based on our agreement with you. Also, if you unsubscribe our service and then re-open it, the amount you paid for our service for the current billing period shall be the auto-renewal price agreed with us at the time of re-opening. The communication service provider may charge you for downloading and/or accessing the application on your mobile or tablet device, so you should confirm the terms of the agreement with the operator. If you do so outside your own home territory, this may include data roaming charges. All such charges are entirely your responsibility. If you do not pay the bill associated with your mobile or tablet device, then we will assume that you have permission from the person doing this before incurring any such charges.
5.6 Unsubscription of automatic renewal
If you need to cancel the auto-renewal service, please turn off the "Auto-renewal" option in "iTunes Account Settings" at least 24 hours before the end of the current period. Payment will be deducted from your iTunes account after the purchase is confirmed. Cancellation of the current subscription is not permitted during the active subscription period. Subscriptions are managed by you. Please note that removing the application from your device will not cancel your subscription.
5.7 If the subscription service period expires and the user decides not to renew the subscription, the cloud storage service enjoyed by the user will be closed at the same time and we will delete the data on the cloud server side. Therefore, please pay attention to make a good backup of the data in time.
5.8 The User acknowledges that once the subscription has been successfully completed, it cannot be exchanged for legal tender under any circumstances and cannot be transferred to another person, except as expressly provided by law or regulation. Except as expressly provided by laws and regulations, no refunds will be made after the subscription is completed, and any paid services and redeemed items/features purchased by the User cannot be returned (i.e. returned for other virtual props/items or legal tender) or exchanged for other services or items for any reason. If we agree to refund, the user shall be compensated us for the fees incurred when refunding by using credit cards, cell phones and other payment channels, which we have the right to deduct directly from the rates returned to the user.
5.9 Any subscription by a User is an expression of his or her true intentions and the User may not claim a refund for operational errors unless there is evidence to the contrary. In the absence of evidence to the contrary, a minor user's subscription is deemed to have been approved by his or her legal guardian and we shall not be obliged to issue a refund.
6. Data Privacy and Security
6.1 We are committed to protecting your personal information, and we will endeavor to protect the security of your personal information by implementing technical or other security measures appropriate to the Service, to the extent commercially reasonable. We will collect, use, store and share your personal information in accordance with the provisions of this Agreement and the Privacy Policy. If this Agreement does not explicitly provide for the protection of personal information, the contents of the Privacy Policy shall prevail.
6.2 Our Privacy Policy may be updated from time to time to reflect changes in documents such as applicable laws, regulations, standards, industry codes, or to reflect changes, updates or new features of the Service. Your continued access or use of the Service following any updates to the Privacy Policy means that you have read, understood and accepted those updates.
6.3 We will not transfer or disclose your personal information to any third party unless:
(1) Relevant laws and regulations or judicial and administrative organs require.
(2) For the purpose of completing a merger, demerger, acquisition or transfer of assets.
(3) Necessary to provide the services you have requested.
(4) Permitted by the Privacy Policy or other relevant agreement rules.
7. User Content
7.1 If you are complained by others or you complain against others, we have the right to provide the necessary information such as the subject information, contact information and complaint-related content of the relevant parties in the dispute to the other parties or relevant departments in order to resolve the dispute in a timely manner and protect the legitimate rights and interests of all parties.
7.2 You warrant that you are responsible for the authenticity, legality and validity of the information, materials and evidence provided by you in the complaint handling process.
7.3 If there is any violation of this Agreement or relevant regulations, we have the right, depending on the nature of the user's behavior, without prior notice to you, to take measures including, but not limited to, banning the account, clearing the account amount, restricting re-registration, clearing the data, limiting membership functions, etc., and reserve the right to pursue the user's responsibility and report to the public security organs, judicial organs and other departments to defend their rights. If your violation causes us or others any loss, you should compensate.
8. Breach of Contract and Compensation
8.1 If you violate this Agreement and/or other terms and conditions of the Service that you are required to comply with, we have the right, at our sole discretion and as appropriate, to take reasonable measures without prior notice to you, including but not limited to advance warning, restricting, suspending, terminating your use of some or all of the features of the Service, blocking or deleting the content you upload, transmit or provide, restricting some or all of the features of your account You are responsible for any consequences and losses resulting from such measures. We have the right to announce the results of processing and decide whether to restore the use of the relevant account according to the actual situation, and we have the right not to restore or return the deleted content. We will keep records of suspected violations of laws and regulations and suspected illegal and criminal acts, and have the right to report to the relevant authorities, cooperate with the relevant authorities in investigations, and report to the public security authorities, etc.
8.2 If you violate this Agreement and/or other terms and conditions of service that you are required to comply with, resulting in complaints, lawsuits and claims from third parties, you shall deal with them by yourself and bear full responsibility. If our affiliates, partners, we and other subjects suffer any loss (including but not limited to attorney's fees and expenses) or administrative penalties as a result of your illegal or non-compliant behavior, you shall fully compensate.
9. Limited Warranty
9.1 You understand and agree that the Service is provided based on the current technology and conditions. We will use our best efforts to provide you with a consistent and secure service, but given that the relevant service may be affected or disrupted by a number of factors, we cannot guarantee anything including, but not limited to, the following.
(1) Your use of the Service will fully satisfy your needs.
(2) The Service is continuous, uninterrupted, immediate, secure and error-free.
(3) Any errors in this service will be able to be corrected.
(4) The Service will be compatible with your Content or any other hardware, software, systems, services or data that we do not provide.
9.2 To the extent permitted by law, we cannot give you any warranties, guarantees or undertakings other than those expressly set out in this Agreement. We may change, suspend, withdraw or limit all or part of the functions of the Service at any time for commercial or operational reasons without notice to you.
9.3 We will do our best to make the Service secure and stable, but you understand that we cannot at all times foresee and protect against all technical or other risks, including but not limited to force majeure, viruses, Trojan horses, hacker attacks, system instability, base carrier causes, power supply failures, communication network failures, third party service defects, system updates and upgrades, governmental investigations, judicial administrative orders, Service interruptions, data loss, failure to use normally and other similar situations may be caused by third party websites, etc. In the event of such circumstances, we will endeavor to repair them as soon as conditions permit, but you agree that we will not be liable for any damages arising from the foregoing and that the occurrence of the foregoing and the cancellation or termination of any order or service (if any and where applicable) for such reasons shall not relieve you of your obligation to make payment for the portion of the Services we have provided under this Agreement. Also, you will need to configure your own computer equipment, network settings, computer programs, etc. to use the Service, and you should configure your own anti-virus program for your equipment.
10. Scope of Liability
10.1 To the extent permitted by law, we will not be liable to you for any of the following, whether or not we have been advised of, or should have been aware of, the possibility of such damages.
10.1.1 Liability for any indirect, incidental, consequential, punitive, special or criminal damages and losses, including but not limited to anticipated benefits, goodwill and reputation, opportunities, loss of data material, third party expenses. Except as otherwise expressly provided by law, in any event, our liability to you for damages will be capped at the amount you have paid to us for the Services in the month which you incurred the loss or we are in default. To the maximum extent permitted by law, these limitations and terms apply to any matter or any claim relating to this Agreement.
10.1.2 Any loss or damage caused to you by:
(1) your use of any third party products or services.
(2) our modification or suspension of the Service or any feature within the Service in any way.
(3) your not providing us with accurate account information or not protecting the security of your account password as required by this Agreement.
(4) Other breach of this Agreement.
12.2 To the maximum extent permitted by law, any dispute between you and any third party (including, without limitation, any mobile network service provider, rights owner or other user) arising out of your use of the Service is directly between you and that third party and you must exclude our liability and damages of any kind and nature (whether actual or consequential) arising out of all such disputes.
11.Others
11.1 Content and Amendments: This Agreement includes the text of this Agreement and all privacy policies, rules, and notices that we have issued or may issue in the future. The foregoing is an integral part of this Agreement and has the same legal effect as this Agreement. In order to provide you with better services or due to changes in national laws and regulations, policy adjustments, technical conditions, product features, etc., we may revise this Agreement from time to time, and the revisions will form part of this Agreement. After this Agreement is updated, we will remind you of the updated content in an appropriate manner so that you can keep abreast of the latest version of this Agreement, and you can also check the latest version of the Agreement terms and conditions on the home page of our website or the software settings page. If you have any objection to the content of the revised Agreement, you have the right to stop using the Service immediately. If you continue to use the Service after the effective date of the revised Agreement, you agree to accept the contents of the revised Agreement.
11.2 Applicable Law and Jurisdiction: The laws of the mainland of the People's Republic of China shall apply to the formation, entry into force, performance, interpretation and dispute resolution of this Agreement. If any agreement of this Agreement is judged or ruled invalid, such provisions shall be reinterpreted as close as possible to its original provisions of this Agreement without prejudice to the validity of other provisions of this Agreement, provided that they are not contrary to the law.
11.3 The place of signing this Agreement is Hong Kong Special Administrative Region,People's Republic of China, and the parties shall try to resolve any dispute arising from this Agreement through friendly negotiation; if the negotiation fails, you agree to submit the dispute to the people's court with jurisdiction in the place where this Agreement is signed.
11.4 You may not assign any of your rights or obligations under these Terms to any third party without our prior written consent. You understand and agree that we have the right to determine our own business strategy and to transfer all of our rights and obligations under this Agreement to our affiliates or other legal entities in conjunction with any business adjustments, and you acknowledge that in such cases, we do not need to obtain your consent and we will endeavor to give you reasonable notice.
11.5 Our failure to assert or enforce any covenant of this Agreement for the time being shall not be deemed a waiver of such covenant or a relinquishment of such rights by us.
11.6 For the convenience of reading and understanding, this Agreement may be translated into multiple language versions. In case of conflict between different versions, the simplified Chinese version of this Agreement shall prevail.
11.7 If you need to give us any feedback (including but not limited to suggestions, complaints, reports, etc.) in the process of using our products or services, you can contact us through the following ways: Customer Service Email:【quickcleaningas@126.com 】