FocoClipping User Service Agreement
Welcome to use the FocoClipping platform and services!
For better use of the FocoClipping platform and services, please make sure to carefully read and fully understand each term, especially those that exempt or limit liability and other terms involving your major rights and interests, which may be bold to remind you. Your registration, login and use of our software mean that you have fully read and voluntarily accept the contents of this user agreement, including any modifications made by FocoClipping to this agreement at any time, and become a FocoClipping user. This agreement shall have a legal force between you and FocoClipping and shall be a legal document binding on both parties.
Ⅰ. Service Description
1. Service subject: This service is provided by FocoClipping for you. "FocoClipping" under this agreement may refer to FocoClipping's webpage, mobile terminal and related technical services focusing on FocoClipping's software products according to different contexts.
2. Service content: FocoClipping is a multi-functional AI intelligent picture cutout tool that realizes AI automatic picture cutout, batch picture cutout, manual picture cutout and other functions, covering picture cutout, hair cutout, portrait cutout, text cutout and other user demands, and proposes a more flexible and cost-effective solution for picture cutout scenarios.
3. Service platform: FocoClipping provides multiple application versions of this software or service including but not limited to webpage, IOS, Android, etc., so that you can conduct picture cutout anytime and anywhere, and FocoClipping will also be updated and improved continuously to meet your growing demands.
4. Permitted service scope:
(1) FocoClipping gives you non-exclusive, non-transferable, non-licensed authorization to use this software.
(2) FocoClipping shall reserve all other rights not explicitly authorized herein and you shall obtain separate written permission from FocoClipping to exercise such rights. The failure of FocoClipping to exercise or execute any right or provision of this agreement shall not constitute a waiver of such right.
5. Service object: It refers to the user who registers, logs in and uses FocoClipping and its services, who is more commonly called as "you" in this agreement. Note: Individuals under 18 years old may not use this service or create an account.
Ⅱ. About "Account"
(Ⅰ) Account registration
1. Before you use FocoClipping services, you need to register through a third party account approved by FocoClipping (such as Facebook account, Google account, email account, etc.). In order to ensure that the platform services are safe, effective and continuously optimized, you agree to authorize FocoClipping to verify and reasonably use your personal information.
2. The password of your successfully registered account is only for your proper use. The account shall not be used for illegal purposes, shall not be used to damage the interests of other parties, shall not be registered in batches maliciously, and shall not be disclosed, lent, given or transferred to others. Otherwise, you shall be responsible for the improper use.
3. The same user can only register and bind an account. The same mobile phone number or the same third-party account shall be considered as the same user.
4. You shall be responsible for the authenticity, accuracy and legitimacy of the registration information you provide, and shall update your information in time. If you provide any information that is illegal, immoral, or in FocoClipping's opinion, unsuitable for display on FocoClipping, or if FocoClipping has reasons to suspect that your information is programmed or maliciously operated, FocoClipping has the right to suspend or terminate your account and you are refused to use all or any part of this service at present and in the future.
5. FocoClipping shall not be responsible for any registration data of any user, including but not limited to the responsibility to identify and verify the authenticity, correctness, completeness, and applicability of any registration data and/or whether it is the latest version.
(Ⅱ) User account security
After completing the registration procedure of this service and successfully registering, you can use a third-party platform to log in your FocoClipping account. It is your responsibility to protect your account security. You agree that:
1. You shall be fully responsible for all activities using your password and account, including but not limited to any data modification, payment, picture cutout, etc., that you carry out on FocoClipping. You shall highly focus on the confidentiality of your account and password and shall not disclose them to others under any circumstances. You shall notify FocoClipping immediately of any unauthorized use of your FocoClipping account or the occurrence of any other security problems.
2. FocoClipping shall not be liable for any loss or damage arising from your failure to keep your account and password secure.
3. You are responsible for maintaining the security and confidentiality of your personal account and password, and undertake full legal liability for the activities you engage in, in the name of registering an account. You are fully responsible for any damage caused to you, FocoClipping or third parties as a result of your failure to keep your account and password secure.
Ⅲ. User Information Protection and Authorization
2. You acknowledge and confirm that you need to provide true identity information in the process of registering an account or using the platform. If the information you provide is not true or complete, you can not use the platform or will be restricted in the using process, and you will bear the adverse consequences arising therefrom.
3. FocoClipping will use various security technologies and procedures and establish a perfect management system to protect your personal information from improper use or unauthorized access, use or disclosure.
4. FocoClipping will not disclose your personal information to any other companies, organizations and individuals without your consent, unless.
(1) Required by relevant laws and regulations or judicial or administrative organs;
(2) Transfer for the purpose of completing merger, division, acquisition or asset transfer;
(3) Necessary to provide the services as required by you;
5. FocoClipping attaches great importance to the information protection of minors. If you do not have full capacity for civil conduct, you shall obtain the consent from your guardians before using FocoClipping.
Ⅳ. User Code of Conduct
(Ⅰ) You confirm that you are a natural person, legal person or other organization with full capacity for civil conduct, and you are capable of assuming independent responsibility for all your conducts of using the picture cutout service . If you do not have the aforementioned subject qualification, FocoClipping shall have the right to claim compensation from your guardians or other responsible parties if you are held liable under the provisions of laws or this agreement.
(Ⅱ) Information content specification
You shall be responsible for the authenticity and legitimacy of uploaded and picture cutout information contents to use the FocoClipping platform and services. If you need to obtain prior authorization or approval from the obligee of such information content or any entitled third party, you shall obtain such prior authorization or approval. Once you use FocoClipping to conduct picture cutout of an information content, you shall be deemed to have obtained such prior authorization or approval.
1. The information content mentioned in this Article refers to any content uploaded, cutout or downloaded by users on FocoClipping, including but not limited to the user's nickname, avatar, user description and other registration information, or the picture and text cutout by using FocoClipping, and other contents generated by using FocoClipping.
2. You understand and agree that FocoClipping is committed to providing users with a civilized, healthy, standardized and orderly network environment all the time. You shall not use FocoClipping to upload, cutout, produce, copy or download any illegal content, including but not limited to:
(1) Endanger national security, betray state secrets, subvert state power, destroy national unity, and damage national honors and interest;
(2) Incite ethnic hatred and ethnic discrimination, and destroy ethnic unity;
(3) Destroy national religious policies and publicize heresy and feudalistic superstition;
(4) Spread rumors, disturb the social order and destroy social stability;
(5) Spread obscenity, gambling, violence, murder, terror or abet the crime;
(6) Insult or defame others and infringe on their legal rights;
(7) Contain false, fraudulent, harmful, coercive, invasive of another's privacy, harassing, offensive, libelous, vulgar, obscene, or otherwise morally repulsive contents.
(8) Contents that infringe on the intellectual property rights or legal rights of others, such as portraits, privacy, personal information, copyrights, trademark rights, trade secrets, etc.
(9) Spread commercial advertisements, or similar commercial solicitation information, excessive marketing information and junk information;
(10) Publicize tobacco products, drugs, cosmetic surgery, health care and other items strictly prohibited by national advertising law;
(11) Contain contents that are otherwise restricted or prohibited by national laws, rules, regulations, ordinances, or any regulations with legal force in your country or contain contents that FocoClipping deems inappropriate for display.
(Ⅲ) Product usage specification
You agree to use FocoClipping reasonable and legally as agreed to in this agreement and, except as permitted by law or as otherwise permitted in written form by FocoClipping, you shall not engage in the following acts:
1. Use third-party software, plug-ins, cheating programs, systems, equipment, etc. not provided or approved by FocoClipping to log in or use the service.
2. Sell, lease, lend, grant, transfer, resell, copy, modify, link, reprint, compile and publish the contents of intellectual property rights owned by FocoClipping and this service;
3. carry out reverse engineering, reverse assembly, decompilation, or use illegal software such as crawler software or spider software, or otherwise attempting to discover the source code of this software;
4. Intercept, tamper with, collect, store or delete personal information of others, site emails or other data information without legal authorization, or use such information known for any illegal or improper purpose;
5. Copy, modify, add, delete, link or create any derivative works of the software or the data released into any terminal memory during the operation of the software, the interactive data between the client and the server during the operation of the software, and the system data necessary for the operation of the software. Forms include but not limited to, the use of plug-ins, cheating programs or non-authorized third-party tools/services to access the software and related systems;
6. Add, delete or change the functions or operating effects of the software by modifying or falsifying the instructions or data in the operation of the software, or operate or disseminate the software or methods used for the above purposes to the public, whether these acts are for commercial purposes;
7. Log in or use the FocoClipping platform and services through third-party software, plug-ins, cheating programs and systems not developed or authorized by FocoClipping, or create, release or disseminate the above tools;
8. Interfere with this software and its components, modules and data by oneself or authorize others and third-party software;
9. Use any means (including but not limited to third-party software, plug-ins, cheating programs, systems,equipment, etc.) to interfere with, damage and modify FocoClipping or implement any other activities that endanger network security;
10. Other acts in violation of laws, regulations and policies or without the explicit authorization of FocoClipping;
11. FocoClipping will remind you of standard use of the products and services provided by FocoClipping. You need to comply with the relevant risk warnings, and shall undertake corresponding responsibilities by yourself for any loss caused by non-compliance.
In addition to this agreement, FocoClipping will remind you of standard use of the services provided by FocoClipping by means of pop-up boxes, announcements, text warnings, etc., on the service platform. You are required to comply with the relevant risk warnings, and shall undertake corresponding responsibilities by yourself for any loss caused by non-compliance.
You have accepted that FocoClipping does not have full control over the usage behaviors of users, and when you use any content, including reliance on the accuracy, completeness or legitimacy of the aforesaid content, you agree to make a judgement by yourself and assume all risks, and FocoClipping shall not be liable to you for any loss or damage arising from the foregoing risks to the extent permitted by law. In any case, if FocoClipping has reason to believe that any of your actions violate or may violate the above agreement, FocoClipping may independently make a judgement and deal with it, and has the right to terminate the service provided for you without notice and investigate for the related responsibilities. If you use the services provided by FocoClipping in violation of this agreement and be held responsible by a third party, you will undertake full resonponsibility by yourself.
Ⅴ. Treatment for Breach of Contract
1. You shall be responsible for all activities and actions conducted under your registered account, including but not limited to the information content you upload to FocoClipping through this account and the use of the content after picture cutout, and bear all risks arising from your use of the picture cutout service.
2. If FocoClipping finds out or receives complaints from others about your violation of this agreement or any malicious behavior, FocoClipping has the right to delete or block the relevant content at any time without notice, give a punishment to the illegal account depending on the seriousness of the circumstance, including but not limited to warning, restriction or prohibition of use of all or a part of the functions, account banning, cancellation, etc. and announce the treatment result. FocoClipping has the right to keep records of behaviors suspected of violating laws and regulations and suspected of crimes, report to the relevant competent departments and cooperate with them to carry out investigation in accordance with the law. At the same time, FocoClipping has the right not to return the content that has been deleted.
3. If you violate the provisions of this agreement or other terms and cause a complaint or action for damages by a third party, you shall bear all legal responsibilities by yourself. If FocoClipping compensates any third party or suffers punishment from state organs due to your violation of laws or breach of contract, you shall also compensate FocoClipping in full for all the losses suffered as a result.
4. FocoClipping respects and protects the intellectual property rights, right of reputation, right of name, privacy right and other legal rights and interests of legal persons and citizens. You guarantee that the use of text and images uploaded by FocoClipping does not infringe on the intellectual property rights, right of reputation, right of name, privacy right, right of portrait and other legal rights and interests of any third party. Otherwise, FocoClipping has the right to remove the suspected infringement content upon notification by the obligee or the relevant party. You shall bear full legal responsibility for all claims made by third parties. If FocoClipping suffers losses (including but not limited to economic and goodwill losses) as a result of your infringement act, you shall also compensate FocoClipping in full for all the losses suffered.
Ⅵ. Service Interruption and Termination
1. You understand and agree that FocoClipping reserves the right to modify or terminate the service (or any part thereof), temporarily or permanently, at any time upon notice to you. You agree that FocoClipping shall not be liable to you or any third party for any modification, suspension or termination of the service and you shall properly update, back up and transfer your data.
2. FocoClipping has the right to interrupt or terminate one or more of the services according to the actual situation due to your violation of this agreement, and in case of serious violation, FocoClipping will directly terminate your right to use FocoClipping.
3. If you have any objection to the content of this agreement or are dissatisfied with the services provided by FocoClipping, you may exercise the following rights:
(1) Stop using the FocoClipping account service;
(2) Cancel your account by yourself or notify FocoClipping to cancel your account. The cancellation of your account will result in the deletion of your personal information and picture cutout records on FocoClipping and the termination of your rights and obligations with FocoClipping (Your obligation for damage compensention will not be terminated as a result). FocoClipping shall not be liable for the transfer of any unprocessed information or incomplete services to you.
Ⅶ. Third-party Products and Services
1. When you use the products or services provided by third parties in this Software, you shall comply with the user agreement of the third party in addition to the agreement herein. If any dispute arises from your use of the products or services provided by the third party, you and the third party shall be responsible for resolving the dispute and FocoClipping shall assume no responsibility.
2. When you use products or services provided by third parties on FocoClipping, FocoClipping may call third-party systems or support users' use or access through third parties, and the results of the use or access are provided by such third partie. FocoClipping does not guarantee the security, accuracy, effectiveness and other uncertain risks of the services and contents provided through third parties. Any disputes and damages arising therefrom are independent of FocoClipping and FocoClipping shall not bear any responsibility.
1. FocoClipping may contain advertisements, which are a reasonable and legitimate business model of FocoClipping and its affiliated companies, and you agree to receive advertising information or other information (including commercial and non-commercial information) released by FocoClipping and its affiliated companies or its third-party partners in the processing of using FocoClipping. The specific form of sending and displaying information, frequency and content, etc., shall be subject to the actual provision of FocoClipping.
2. Any form of your communication or commercial contacts with advertisers and other third parties through the platform, or your participation in promotion activities, including payment and delivery of related goods or services, and any other related terms, conditions, guarantees or statements reached, are complete actions between you and the advertisers and other third parties. You shall judge the authenticity of the advertising information by yourself and shall be responsible for your own judgment. FocoClipping shall not be liable for any loss or damage suffered by you as a result of any of the foregoing transactions or by the foregoing advertisers and other third parties, except as explicitly provided by law.
1. You understand and agree that FocoClipping products and related services may be affected or interfered with by many factors. Therefore, FocoClipping does not guarantee that(including but not limited to):
(1) Use requirements completely suitable for users;
(2) Without interference, timeliness, security, reliability or no error. Any software, services or other materials obtained by users through FocoClipping meet their expectations;
(3) Any errors in the product can be corrected.
2. FocoClipping has made every effort to ensure the stability of the picture cutout service, and FocoClipping is not responsible for interruptions and delays in picture cutout technology caused by one of the following circumstances, but FocoClipping shall solve these problems as soon as possible within the controllable range after being notified by users:
(1) Software and hardware update, inspection, maintenance, etc.
(2) The server has suffered damage and can not be operated normally;
(3) Sudden software and hardware equipment and electronic communication equipment failure;
(4) Line failure or other failures of cloud service provider, picture server provider and network service provider;
(5) Non-compliance of uploaded pictures by users or user server and technical failures;
(6) Force majeure and other circumstances provided for by law;
(7) Other conditions not caused by FocoClipping technologies or services.
3. FocoClipping will obtain the right to deal with illegal content in accordance with this agreement, which does not constitute the obligation or commitment of FocoClipping, and FocoClipping can not ensure to find out illegal behaviors or carry out the corresponding treatment in time.
4. FocoClipping shall not be liable for any damages, expenses or losses resulting from your use of FocoClipping in violation of or in excess of this agreement.
5. FocoClipping shall not be liable for any loss caused by your or third party's act or omission, or loss caused by force majeure, including but not limited to payment service, network access service, communication line failure of telecommunication department, communication technology problem, network and computer faults, system instability, infringement act of any third party, etc.
6. FocoClipping do not bear any responsibility. FocoClipping reserves the right to suspend any part of the service without prior notice for maintenance, upgrade or other purposes.
7. You explicitly understand and agree that this agreement aims to ensure compliance with national laws and regulations, safeguard public order and good custom, and protect the legitimate rights and interests of others. FocoClipping does its best efforts to make judgments in accordance with relevant laws and regulations within its scope of ability, but does not guarantee that FocoClipping's judgments are fully consistent with those of judicial and administrative organs. Users have understood and agreed to bear the consequences on their own arising therefrom.
8. You understand and agree that the processing effect of picture cutout technology depends on the user's skill and picture quality, and FocoClipping also provides free trials for you to confirm whether to use the picture cutout service. FocoClipping will try to improve the picture cutout technology and picture processing effect, but is not responsible for the processing effect of your cutout picture.
Ⅹ. Limited Liability of FocoClipping
1. You explicitly understand and agree that FocoClipping, as a network service provider, can not review your uploaded and cutout pictures one by one and you are responsible for your uploaded and cutout pictures by yourself.
2. You explicitly understand and agree that FocoClipping can not review and track your use of cutout pictures. Accordingly, you shall be liable for investigating and affixing the responsibility by any third party or your own losses resulting from your illegal use of the cutout content.
3. You explicitly understand and agree that the limit of FocoClipping's indemnity under this agreement is the actual expenses received by FocoClipping from you, which is the maximum total amount of FocoClipping's obligation and liability to any user.
ⅩⅠ. Intellectual Property Rights Statement
1. FocoClipping is the intellectual property rights holder of this product and service. All copyrights, patents, trademarks, trade secrets and other intellectual property rights of this product, as well as all information contents related to this product (including but not limited to text, pictures, audio, video, interface design, layout frame, electronic documents, etc.) are protected by the People's Republic of China and the corresponding international treaties, and FocoClipping is entitled to the above intellectual property rights, except those belonging to others according to law.
2. Without the written consent of FocoClipping, you shall not implement, make use of or transfer the above intellectual property rights for any commercial or non-commercial purposes by yourself or by any third party, and FocoClipping reserves the right to investigate and affix legal liability for the above behaviors.
3. You understand and agree that the text, pictures, video, audio, etc. that you publish and upload when using the FocoClipping platform and related services are original by you or have been legally authorized (including delegation of authorization).
ⅩⅡ. Other Terms
1. You are deemed to have read and agreed to be bound by this agreement by logging in and using FocoClipping.
2. FocoClipping has the right to modify this agreement in accordance with changes in national policies, technical conditions, product functions, etc., and issue the modified agreement. You can check the relevant terms of agreement in the latest version of FocoClipping. If you continue to use FocoClipping after the terms of this agreement have changed, you will be deemed to have accepted the modified agreement.
3. Unless otherwise explicitly provided in this agreement, any new functions added or enhanced by FocoClipping at present, including new products launched, will be governed by this agreement.
4. The laws of the People's Republic of China shall apply to the establishment, validity, performance, interpretation and dispute resolution of this agreement, but if your country does not apply the laws of China, the laws of your country will be applied.
5. The titles of this agreement and all terms are for convenience only and shall have no legal or contractual effect.
6. All notices from FocoClipping to you may be made by means of announcement or regular letter delivery (contact information is subject to your reserved information on the platform). Such notices shall be deemed to have been delivered to the recipient on the date of delivery.
7. FocoClipping shall have the final right to interpret and modify this agreement to the extent allowed by law.