Last updated on 9/21/2022

This User Agreement (hereinafter as the “Agreement”) applies to your use of this mobile application “AnimalFace” (hereinafter as the “App” or “Software” or “Services”) operated by AnimalFace (hereinafter as “we”, “our”, or “us”). We offer the Software and the Service to you(“user” or “you”), conditioned upon your acceptance of all terms and conditions stated here.

Your visiting our software is conditioned on your acceptance and compliance with Agreement. If you do not agree with this agreement, please stop accessing or using our Software immediately.

1. Modifications to this Agreement

We reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. 

Any new features which are added to current Software shall also be subject to this Agreement. You can review the most current version of this Agreement at any time on our Software. We reserve the right to update, change, or replace any part of this Agreement by posting updates and/or changes to our Software.

If you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Tumblr received your prepayment.

2. The licences granted to you for the use of the Software

We grant you a personal, revocable, non-transferable, and non-exclusive license to use the App. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the App or use the Service on your smart mobile end-device(including but not limited to tablet, smartphone) for non-commercial purposes.

You shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way;

You shall use the App for lawful purposes only;

You shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App;

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 malware or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.

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 Service provided.

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 expenses arising therefrom.

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.

3. Our Intellectual Property Rights

1) You acknowledge and agree that we possess all the lawful rights and interests of the App, including any intellectual property rights involved in the App and Service.

2) The information in the App includes but not limited to words, software, audios, and videos, photos, diagrams, all contents in advertisements, the commercial information we offer to you, etc., which are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these contents only when you have our authorization; no unauthorized reproduction, modification, or compilation of these contents or creation of relevant derivative works are permitted.

3) Unless you have otherwise reached a written agreement with us, this Agreement does not authorize you to use the App name, trademark, service mark, logo, domain name, or any other sign with distinctive brand features relating to us.

4. Your Information

We respect the privacy and personal information of each user and will protect your privacy and personal information following applicable law, especially special law on data protection by taking necessary measures and comply with the same in collecting, processing, transmitting and storing your personal information. Please be sure to carefully read the Privacy Policy of the App which specifies the way we collect and use your personal information, etc.

5. User age restrictions

The App does not directly target any juvenile users. If you are a juvenile user and decide to use the App anyway, please first seek the consent of your guardian and/or other adults with guardianship duties and use the App under the guidance and supervision of your guardian or any other adult with guardianship duties. Besides, your guardian and/or other adults with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents to guide you to use the App accurately.

6. User Content

1) Some functionalities of the Service allow you to provide graphics, photos, videos and any other materials (collectively “Content”) to the Software. You understand that, whether or not the Content is published, we do not guarantee any confidentiality with respect to such Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and are not responsible for any loss of the Content.

2) You retain all of your ownership rights in your Content submitted, however, by uploading, posting or otherwise transmitting your Content on or to the App, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Content. You also permit other users to access, display, view, store, and reproduce such Content for personal use under these terms of this Agreement.

3) When you provide Content to the App, you understand and accept complete responsibility for the Content you provided, including any consequences that may arise. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any liability in connection with such Content. As such, you represent and warrant that you own or have (and will continue to have during your use of the App) been granted all necessary licenses, rights, consents, and permissions for such Content.

4) You agree that your conduct through the App will comply with (and you agree that all of the Content you provide shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to the Content you provide; (b) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and (c) the Content you provide will not: (i) facilitate or promote illegal activity, or contain illegal content; (ii) contain information that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit information; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assignees from and against any loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in this Agreement.

5) You agree that you will not post or upload any Content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service.

6) You agree that the Content you submit to the Service will not contain any copyright of third party or any material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled.

7) On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such Content complies with the requirements set out in this Agreement, to remove any Content, to terminate a user’s access for uploading such Content, at any time, without prior notice and at our sole discretion.

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 this Agreement and Privacy Policy of the App. 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. Paid Services

1) Some of the Services provided by the Software may need to be paid for use (“Paid Services”). Once the fees are duly paid in full, you will acquire the Paid Services within the subscription period. In the future, the Software may comprise further Paid Services. If you already subscribed the Paid Services during the period the further Paid Services is updated, you will be able to use the further Paid Services during the subscription period without extra charge, provided that: no extra charge is required by us; you update the Software as may be required to use the further Paid Services.

2) For any Paid Services offered by us, we accept payment via the current payment method indicated before purchase, which may include various form of payment that we make available to you from time to time. You agree to abide by any relevant User Agreement or other legal agreements with payment method provider, that governs your use of a given payment processing method.

3) We may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided. We may change prices for Paid Services at any time. To the extent applicable, we will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.

4) Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately), except at our sole discretion and in accordance with the rules governing each Paid Service. Termination of your rights under this Agreement may result in forfeiture of purchased Paid Services.

9. Disclaimer of Warranties

1) You acknowledge and agree that your access to and use of the Services or any Content is at your own risk. The App may have potential risks like service interruption, failure to respond to user's request, 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.

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.

3) In view of business development and adjustment, we reserve the right to amend or terminate the Service without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.

4) The Service which is not officially released or authorized by us and the derivative works of us are illegal. user's downloading, installation, and using this App may lead to unexpected risks. We are not liable for any legal liabilities, issues arising from it.

5) You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.

6) To the maximum extent permitted by applicable law, we and our affiliates shall not be liable for: (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of: profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the services; (d) damages relating to any conduct or content of any third party or subscriber using the services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any content. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not tumblr has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.

To the maximum extent permitted by applicable law, liability of we and our affiliates, for any claim under this agreement, including for any implied warranties, is limited to the greater of one hundred dollars (us $100.00) or the amount you paid us to use the applicable service(s).

10. Our Management of the Software and the Service

1) The App may be updated from time to time. You may at your discretion decide whether to accept the updates or not. We do not guarantee to provide you with the latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.

2) 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 the Service, etc.

3) You agree that we may, without prior notice, suspend or terminate the Service related to the App if: (a) you are in breach of these Terms; (b) we do so subject to the applicable law or requirements of the competent authority; or (c) other conditions upon which we need to do so.

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. miscellaneous

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.

2) Without written authorization from the other side, the user may not assign or transfer the rights granted by these Terms, or assign the designated responsibilities and obligations to others.

3) The validity and interpretation of these Terms apply to the laws of the People’s Republic of China (“PRC”). 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.

4) We reserve the final interpretation right on these Terms.

12. Contact Us

If you have any questions about the Service or this Agreement, or if you would like to obtain a previous version of the current document, please feel free to contact us at [anshundata@163.com].