Flyme Account Service Agreement
I. The Agreement
1. This Agreement is a basis for Meizu Telecom Equipment Co., Ltd. (hereinafter referred to as "Meizu" or "we" or "us") to provide users with Flyme account services and for users to use and access Flyme accounts. Your use of and/or access to Flyme account shall comply with the terms hereof. Through this Agreement, you will know how we provide Flyme account services, what rights and obligations you enjoy, and other important information. Please read this Agreement carefully before you register and use Flyme account. Your use of Flyme account services shall be deemed that you have entered into a legally binding agreement with us. If you do not accept this Agreement, please do not use Flyme account services.
2. Your registration and use of Flyme account shall be deemed that you have read and agree to be bound by this Agreement and other relevant agreements (mainly including the Flyme Terms of Use and the Privacy Policy).
3. "User" means any person who uses Flyme account services and is more frequently referred to as "you" in this Agreement.
Ⅱ. Flyme Account
1. Flyme account is an identity owned and operated by Meizu and used to identify users. Meizu keeps the ownership of Flyme account. As an initial applicant for registration, you only have the right to use your registered Flyme account.
2. Through your Flyme account, you can use the services provided by Flyme platform, including but not limited to Meizu Mall, Meizu Community, Meizu App Store, Game Center, Themes, Meizu Pay, Cloud Services, Music, Videos, SmartVoice, Input Methods, Life and Meizu Notes.
Ⅲ. User's Obligations
1. You pledge that you are 18 years old or above when registering the Flyme account, or that you are between 16 and 18 years old and can live mainly on your own labor income. Provided that you satisfy neither of the aforesaid conditions, you shall read the terms hereof and register and use your Flyme account accompanied by your guardian.
2. You pledge that all the information you submitted during registration is true, accurate, lawful and valid and is your own information. If any of the information is changed after registration, you shall update it in time. If you provide us with information that is erroneous, incomplete, or false, you agree to be solely liable for all the losses and damages caused by failure of using Flyme account.
3. Your Flyme account is a certificate to use the above Flyme platform services. You shall properly keep your account and password and shall not share them with any person. We suggest that you choose a password with a higher security level and properly keep such password. If you forget your account password or discover that your account is used by others without your permission, you shall notify us as soon as possible and retrieve your account and password with our assistance to avoid further loss. If you provide the above information to a third party, lose your phone, or lose other devices, you will be solely liable for any loss or liability arising therefrom.
You shall not use Flyme account of others to access these services. If you access these services with any Flyme account not registered by you, you will be solely liable for any loss or liability arising therefrom.
You shall not maliciously register any Flyme account. We are entitled to independently judge and handle any malicious registration.
For avoidance of any disputes, you shall not gift, lend, lease, transfer, sell or otherwise permit another person to use your Flyme account after you registering the Flyme account. You shall solely assume all legal responsibilities arising therefrom, and Meizu reserves the right to take any legal action necessary against any such violation.
If your Flyme account information is lost for your personal reason and needs to be retrieved, you shall provide corresponding information according to the Flyme account appeal procedure. The success of your appeal depends on the information you provided.
4. When you upload or release any content in the publicly available area through the utility services of the Flyme platform (including but not limited to the Public Services and the Album), you shall pledge that you have legal authorship rights/copyrights or corresponding authorization on such works, and agree to grant Meizu a free-of-charge, irrevocable, permanent and world-wide license to use all of the above-mentioned works and contents.
5. You shall guarantee the following when using the services provided via Flyme:
(1) Obey relevant laws and regulations in China.
(2) Do not use the services for any illegal purpose.
(3) Do not interfere with the normal operation of the services.
(4) Comply with network protocols, regulations, programs and conventions related to usage of the services.
(5) Do not infringe the Flyme intellectual property in any form. You shall bear the liability for compensation for the loss that your violation of the Agreement causes Meizu or others.
6. You shall obey the laws and regulations when using the services, and shall not use the services for illegal conducts, including without limitation:
(1) Publishing, transferring, transmitting and storing contents that imperil the security and unification of the country, undermine the stability of the society, break the public order and social conventions, or contain insult, libel, obscenity and violence, or any other contents that violate the laws and regulations;
(2) Publishing, transferring, transmitting, storing contents that infringe upon others’ legitimate rights including without limitation intellectual property right and business secrets;
(3) Maliciously fabricating facts or concealing the truth to mislead or deceive others;
(4) Publishing, transferring, transmitting advertisements and spam messages;
(5) Other conducts prohibited by the law.
Provided Meizu finds out or receives reports that the information you publish violates the Agreement, Meizu is entitled to make judgment thereof independently and take technical measurements to delete, block or disconnect the links. Meanwhile, Meizu is entitled to take measurements including without limitation suspending or terminating the services, restricting, freezing or terminating the use of your Flyme account, or pursue legal actions, depending on the nature of your conducts. Should you violate the Agreement and cause any third party damages, you shall take the liabilities independently; for losses Meizu suffer thereby, you shall compensate as well.
Ⅳ. Real-name authentication
1. To promote the implementation of the government documents "Some Opinions of the Ministry of Culture and the Ministry of Information Industry on the Development and Administration of Net Games" and "Notice of the Ministry of Culture on Regulating the Operations of Online Games and Strengthening Interim and Ex Post Regulation" , prevent minors from game addiction, develop healthy game habits and protect the legitimate rights and interests of minors, we will need to perform real-name authentication based on ID card for your account when you using the Flyme account to log in to online games.
2. Once the real name authentication information of your account is registered or supplemented, such information will remain valid perpetually and shall not be revised without authorization. If your Flyme account has been maliciously authenticated by someone else, you can appeal to us and provide us with evidence that you are the actual user of the account.
3. We will automatically calculate your age based on the identity information you provide. If you are under the age of 18 or you have not performed real-name authentication based on your ID card, you will be judged as a minor. The account identified as a minor's will be directly included in the anti-addiction system and be provided with anti-addiction services.
V. Privacy Policy and Personal Information Protection
We understand the importance of privacy to our users and we respect and are committed to protecting your privacy.
For details on how we collect and use your personal information, please see our Privacy Policy.
Ⅵ. Third Parties
1. You understand and agree that the Flyme platform may include applications or services provided by third parties that may display, contain or provide content, data, information, applications or materials from the third parties ("Third-party applications or services") or provide links to the third-party websites. We provide relevant function modules and access to third-party applications or services in the Flyme platform only for your convenience.
2. Whether the third-party application or service is preset in the Flyme platform, or is ordered/subscribed by yourself, you understand and agree that Meizu does not give any express or implied warranties or guarantees to the legality and validity of the acts of third-party application providers or services or users, and does not give any express or implied warranties or guarantees to the legality, accuracy, validity and security of the third-party applications or services.
3. We do not supervise third-party applications or services, or have any control over them. We do not provide any form of warranty or guarantee for third-party products or services, nor do we assume any responsibility.
4. You understand and agree that if you use any third-party application or service through logging in to your Flyme account, you shall comply with the rules of the third-party application or service provider as well as the agreements between you and your third-party application or service provider. Therefore, in case of any dispute or controversy between you and such provider, you and such provider shall resolve it through negotiation according to the business procedures and specifications of such provider, and we do not bear any liability therefor.
Ⅶ. Disclaimer
1. Under no circumstances shall Meizu be held responsible for any indirect, consequential, exemplary, incidental, special or punitive damages arising out of this Agreement by you or any third party. Even though possibly otherwise specified in these terms, in no event shall our total liability to you in relation to the Services exceed the fees (if any) you paid to Meizu for using the Services from the date your Account was registered successfully until the date the Account was terminated or withdrawn.
2. In regard of the characteristics of Internet services, you understand and agree that we are not liable for any loss (including but not limited to property, income, data, etc. or other intangible loss) that you have suffered in the following circumstances:
(1) You use the Flyme account in violation of laws or regulations or operate it improperly.
(2) Service interruption or disruption or other failures to meet the your needs as a result of hacker attack, computer virus intrusion, blocking of illegal contents and harassing information, governmental control, or any other reason in connection with networks, technologies, communication lines, information security administration measures and others.
(3) Losses and damages incurred by communication line faults, technical issues, network or computer problems, system instability of a third party (such as a mobile carrier), or force majeure factors.
(4) Any mental or physical harm or economic loss that is caused or might be caused by misleading or deceptive conducts when the User associates with other users through the Services.
Ⅷ. Amendment and Termination
1. Amendment.
In regard of the rapid development of Internet-related technology, market, business model, etc., you agree that Meizu reserves the right to amend this Agreement from time to time based on actual conditions and you can refer to the latest version hereof on a relevant service page. When articles of this Agreement are amended, by continuing using Flyme account you accept the amended Agreement. Provided that you do not accept the amended Agreement, you shall stop using Flyme account immediately.
2. Termination.
(1) This Agreement shall take effect from the date of your acceptance, and shall continue in full force during your use of the Services until terminated according to the Agreement. Notwithstanding the foregoing, provided that you start using the Services at a time earlier than you accept the Agreement, you hereby understand, or shall understand and agree that the Agreement come into effect upon your first use of the Services, unless terminated earlier under the Agreement.
(2) We may limit or terminate your right to use the services according to the provisions of laws, regulations and the terms hereof. Should we believe that you have breached this Agreement and/or our other provisions, we have the right to terminate this Agreement without prior notice.
(3) In the event that the User infringes another person\’s intellectual property rights and Meizu receives a valid notice from the right holder or a legitimate agent of the right holder, Meizu is entitled to terminate the Agreement, and/or limit or discontinue your right to use the services.
(4) To make full use of Flyme account resources, if you fail to log in to and use in time your Flyme account for the first time after your registration thereof or fail to log in to and use your Flyme account within continuous 24 months, Meizu shall be entitled to cancel such account and you will not be able to log in to or use relevant services through such account.
After the account is canceled, for the sake of safety, we will store the information on such user's Flyme account, nickname, imei_sn, phone number, email, UID, registration time, registration place and real name registration, and then perpetually delete such information after one year.
In addition, if we terminate a user's account or stop providing services to the user based on any law or lawsuit or the requirement of a judicial body or government department, the backup copy of such user's information may be undeletable.
(5) Once this Agreement is terminated, your account and your right to use these services will be terminated. Meizu does not assume any responsibility to you for terminating the Agreement, including discontinuing your Account and deleting your user content.
IX. Governing Law
This Agreement (including the Privacy Policy) is governed by the laws of the People\'s Republic of China. Any disputes arising therefrom shall be settled through friendly consultations. In case such consultations fail, the dispute shall be submitted to the court in the area where Meizu is located for settlement.
@ Meizu Technology