"Camera360" Service Agreement and Copyright Declaration


The Terms of Service of this Agreement (hereinafter referred to as the "Terms of Service") is signed by and between you and Chengdu Pinguo Technology Co., Ltd. (hereinafter referred to as "Pinguo") on rights and obligations for "Camera360" and Cloud Service (hereinafter collectively referred to as "Camera360" service provided by Pinguo and shall be legally binding on both you and Pinguo.


1. Terms of Acceptance

The Terms of Service of this Agreement may be updated by Pinguo at any time without notice. Upon any change in the Terms of Service, Pinguo shall announce the modification on the Website and the revised Terms of Service shall be effective to replace the original Terms of Service since then. If you do not agree with any of the terms of the Agreement or subsequent modifications, you can choose to stop using all the services provided by "Camera360"; and if you choose to continue to use "Camera360" services, it shall be considered that you have completely accept the Agreement and its modification.


2. Introduction of Service

"Camera360" service definition: "Camera360" service is provided by Pinguo and in the premise that you comply with the specific terms and conditions of the Agreement, it will provide you with such service platforms as pictures taking, editing, uploading, browsing, deleting, downloading, sharing and etc.. "Camera360" itself does not directly upload or provide pictures or modifying or editing the pictures and photos you have uploaded, browsed, deleted, downloaded or shared to the storage platform. In order to use the "Camera360" service, you have to prepare the equipment needed for Internet access and use of the value-added telecom business and pay Internet access fees or communications fees and information service fees provided by a third party (including but not limited to telecommunications or mobile communications provider), etc. by yourself. The Agreement expressly states privacy policies. You should guarantee to have read and will completely comply with the privacy system of Pinguo before using the service. Pinguo has the right to specify and modify general measures for the use of the service, including but not limited to deciding whether or not to retain the basic information of your albums, upload information, uploading of a single account and storage permission. If Pinguo fails to store or delete content or other information in accordance with your wishes, Pinguo does not undertake any responsibility. Pinguo reserves the right to modify or discontinue the service without prior notice to you. Pinguo does not need to be responsible for you or a third party. Unless otherwise explicitly stated by Pinguo, any new feature of the current services, including new products, shall be unconditionally applicable to the Terms of Service.


3. Authenticity of Your Personal Information

(1) You should ensure the authenticity, correctness and completeness of the identity information in terms of the use of the Service. If the information changes, you should promptly change it and Pinguo shall not bear any liability for your loss or damage caused by your untrue or incorrect information or your failure to change the information or forgetting of your password. If Pinguo knows of your provided wrong, incorrect, outdated or incomplete information or if Pinguo has reasonable grounds to suspect that such information is wrong, incorrect, outdated or incomplete, Pinguo shall reserve the right to suspend or terminate your account and refuse your current or future use of the Service in whole or in part.

(2) After completing registration procedures and receiving a password and account of the Service, you shall maintain the confidentiality and security of the password and account. You shall be responsible for any person's activity by making use of your password and account. Pinguo can not screen the activities by illegal or authorized use of your account and password. Thus, Pinguo shall bear no responsibility for it. It is prohibited to transfer or illegally sell accounts and passwords. If Pinguo discovers that the user is not the initial registrant, Pinguo is entitled to recover the account without being liable to the account user.


4. Services Purpose

Unless additional agreement is signed with Pinguo, you shall agree that the Service is for personal non-commercial use only. At the same time, you shall promise that without Pinguo's prior written consent you will not use the Service for advertising, marketing, trade shows and other commercial purposes. If Pinguo discovers that you use the Service to carry out such acts, Pinguo has the right to delete your uploaded content or to perform temporary or permanent ban on your album and account without notice.


5. Rules for Use

(1) You shall not abuse the "Camera360" service, and Pinguo hereby draws your attention that the provider and user shall bear all liability to the uploading and use of all pictures, photos, your registration information or other information (hereinafter referred to as the "Content") uploaded, browsed, deleted, downloaded, and shared through the Service (whether public uploading or not). You shall guarantee that: you shall not use the Service or produce, copy, upload, publish or disseminate information containing one of the following on the Pinguo Website: 1) against the basic principles established by the Constitution; 2) endangering national security, leaking state secrets, subverting state power or undermining national unity; 3) damaging national honor and interests; 4) inciting ethnic hatred and ethnic discrimination or undermining national unity; 5) destructing national policies on religions, propagating evil cults and feudal superstition; 6) spreading rumors , disturbs social order, or undermines social stability; 7) spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime; 8) insulting or slandering others, infringing upon the legitimate rights; 9) inciting unlawful assembly, association, processions, demonstrations or mob to disturb social order; 10) acting in the name of an illegal civil organization; 11) containing content that is false, harmful, coercive infringement of others' privacy, harassing, defamatory, vulgar, obscene or other morally repugnant content; 12) containing content limited or prohibited by the Chinese laws and regulations as well as any legally binding norms.

(2) You must ensure that you have complete and flawless ownership and intellectual property rights for your uploaded photos and etc. or that you have been lawfully authorized by others and entitled to upload and act other behaviors on "Camera360" platform and that your uploading behavior in this Website does not infringe the legitimate rights and interests of any third party. You shall not upload, post or transfer any internal data, confidential information, information relating to the privacy of others or infringing patent, trademark, copyright, trade secrets or other proprietary rights and content of others to the "Camera360" platform. Otherwise, you shall bear the resulting legal and economic responsibility; and in case of legal liability by Pinguo therefrom, Pinguo has the right of recourse against you.

(3) You shall not use the Service to perform the behavior of spread of computer viruses and other destructive programs or make interference or confusion against the Service, the server or network connected with the Service or violate any requirement, procedures, policies or rules of networks connected to the Service, or Pinguo will retain the right to pursue its legal responsibility and the right to submit to the relevant departments.

(4) Pinguo reserves the right to filter your uploaded pictures and added text and other content. In case of discovery of any picture or text by violation of the laws and regulations or the relevant provisions of the Agreement, Pinguo has the right to immediately delete or shield without notice.

(5) You shall not transmit the advertising letters, promotional materials, junk mails and so on by uploading, posting, email or other ways.

(6) You shall agree to comply with the General Principles of the Civil Law of the People's Republic of China, Copyright Law of the People's Republic of China, Law of the People's Republic of China on Guarding State Secrets, Regulations of the People's Republic of China for Safety Protection of Computer Information, Regulations on the Protection of Computer Software, Administrative Protection of Copyright on the Internet, Administration of Internet News Information Services Provisions and other relevant national laws and regulations. In any case, if you are in breach of national laws and regulations or the Terms of Service, resulting in that Pinguo suffers any damage, dispute, litigation or claims from any third party, you are required to compensate all losses of Pinguo (including direct losses and indirect losses).

(7) You shall not use the "Camera360" to engage in any act endangering the security of computer information network, otherwise, upon the complaint, report or discovery, you shall assume all liability and compensation for the loss caused to Pinguo.

(8) If your use of the "Camera360" service does not comply with the Agreement, Pinguo has the right to make an independent judgment and may, without prior notice, immediately terminate service to you in part or in the whole in case of discovery by notice or report or other ways. If you spread and disseminate reactionary, pornographic or other information in violation of national laws and regulations through "Camera360", "Camera360" system record may be used as evidence of your violation of the laws and regulations. You shall bear full responsibility for claims from any third party or any damage or loss arising from your uploading and disseminating said information on "Camera360".

(9) Pinguo has the right to monitor your use of the "Camera360". In case of discovery your violation of any regulation of the Agreement through notification and report and other ways at the time of using the "Camera360" network services, Pinguo reserves the right to ask you to correct or directly take necessary measures (including but not limited to changing or deleting your uploaded content, suspending or terminating your right to use network services) in order to reduce the impact caused by your misconduct.


6. Permission of Public Areas

You shall agree that your shared photos and texts in the public areas of the Service (public areas generally refer to the areas which can be used by general users) will grant Pinguo's right of global, royalty-free, non-exclusive, fully-delegated and permanently effective use, and Pinguo has the right to use said content for Internet value-added services or telecommunications value-added services by using, copying, modifying, adapting, publishing, translating and creating derivative works for the purpose of demonstrating, spreading and promoting the foregoing contents.


7. Service Risks and Disclaimer

(1) "Camera360" is fully free. In case of photos lost or damage to files, Pinguo will not bear any responsibility. Ghost effects and 2012 or part of the effects are fake and are only for entertainment. Pinguo will not bear any responsibility for misunderstanding caused by the effects.

(2) You shall fully understand and agree that the Service is related to the Internet and mobile communications services and may be affected by the impact of all destabilizing factors. Thus, the Service may suffer the risk of service interruption or failing to meet your requirements caused by the force majeure, computer virus or hacker attacks, system instability, your position, your turning off, GSM network, the Internet, communications network, communications lines and so on or it may result in the risk of cancellation or termination of service (any information stored in the service may not be restored). You shall bear such risks for use of the Service. Pinguo does not guarantee the timeliness, security and accuracy of service and shall bear no liability for your failing to sending or receiving messages, delivery error of messages, effectiveness of personal settings, failing to store or other issues. Pinguo will not bear any responsibility for your loss of data due to force majeure or faults not caused by Pinguo.

(3) For a system failure affecting the normal operation of the Service, Pinguo shall promise to solve and repair once discovered. Pinguo is not liable to your economic and spiritual losses herefrom. In addition, Pinguo reserves the right to suspend the provision of part or all the Service for the maintenance, upgrade or other purposes without prior notice.

(4) Pinguo solemnly draws your attention that the content provider shall be liable to any information uploaded and sent by the Service, whether publicly or privately. Pinguo has no control over the content delivered via the Service and cannot perform full control of your usage behavior. Therefore, Pinguo does not guarantee the legality, correctness, completeness, authenticity or quality of the content. You shall understand that the use of the Service may exposure to unpleasant, indecent or objectionable content and shall agree to self-evaluate and bear all risks, rather than relying on Pinguo. In any case, Pinguo reserves the right, in accordance with the laws, to stop transmission of any such content and take appropriate actions, including but not limited to suspension of your use of all or part of the Service, keeping the records and reporting to relevant authorities. Pinguo reserves the right (but not the obligation), in their sole discretion, to reject and delete any content that may be provided through the Service and be in violation of the terms or other content objectionable to Pinguo or others.

(5) You shall fully understand and agree that Pinguo is not liable to any person for possible damage to your interests arising from uploading of your pictures and other works onto "Camera360" by a third party without your knowledge or without your consent.

(6) You shall fully understand and agree that a third party may obtain related information in "Camera360" by visiting the Pinguo Website, and may use, modify, interpret, download or reprint the information. Pinguo is not liable to any person for any behavior that may infringe your rights and interests in any way caused by use, modification, interpretation, downloading or reprinting your information by a third party.

(7) You shall fully understand and agree that the received advertising messages through the Service for any form of commercial dealings with advertisers or participation in promotions shall be action between you and advertisers, including payment and delivery of related goods or any other terms and conditions, warranties or representations. Unless required by relevant laws and regulations, Pinguo shall not be responsible for any nature of loss or damage caused by foregoing transactions or such advertisers.

(8) Pinguo has the right to freeze or withdraw the account of your album according to the needs of the service after notifying you at least three days in advance.


8. In any case of the followings, Pinguo reserves the right to suspend or terminate the services provided to you without notice:

(1) Your personal information is untrue;

(2) You violate the provisions of the Terms of Service;

(3) In case of long-term idle account and corresponding domain name after registration;

(4) Pinguo finds that you have registered album account in bad faith or Pinguo has received a third party's complaint with appropriate evidence;

(5) Other special cases that Pinguo believes in line with the overall demand for services.


9. Disclosure of Information

In the following circumstances, Pinguo will disclose your personal information, and the consequent responsibility will be borne by you:

(1) In the case that you authorize or agree Pinguo for disclosure;

(2) In some cases where the products or services cannot be provided unless your personal information is disclosed;

(3) In case of emergency, in order to protect Pinguo's and your legal rights or public safety and interests;

(4) In the case that in accordance with the requirements of the laws or authorities it is required to provide your personal information;

(5) In the case that you agree to share the information;

(6) in the case that we find that you are in breach of the provisions of Pinguo's terms of service, or any other provision for use of the products and services;

(7) In any other necessary cases where it is required in accordance with the relevant provisions of the Pinguo's Terms of Service and Statement and other circumstances as may be deemed necessary by Pinguo;


10. Ownership of Content, Logo and Software

The content includes "Camera360" effect name, sound, pictures and all content in mailing information and advertising. Logo includes "Pinguo", "Camera360" and related graphic identities, and all these contents and logo are protected by copyright, trademark and patent right. So, you can use such contents only under authorization of Pinguo but you shall not be unauthorized to copy or reproduce these contents or create such content-related derivative products.

The ownership of any software (including but not limited to any image, photograph, animation, video, sound recording, music, text and additional procedure, accompanied help material and so on in the software) of "Camera360" for the provision of network services shall belong to the copyright owner of the software. Without permission of the copyright owner of the software, you shall not reverse engineer, decompile or disassemble the software or otherwise attempt to discover its original coding or implement any action involving in copyright infringement.

The Scene Templates in Scenes Shooting Mode are from the network, and if it is involved in copyright, please contact us for deletion.

Note: Effects name includes:

(1) Enhance:Auto, Night, Indoor, Warm, Cool, Inverse, Intense Balance, Cold.

(2) Magic Skin: Natural, Glossy, L-whitening, H-whitening, B&W, Sunshine, Fresh, Sexy lips, Sweet.

(3) LOMO: Cyan, Lightcyan, Movie, Fashion, Memory, Frozen, Autumn, Passion, Maple.

(4) Light Color: Sweet, Cool, Sunny, Grace, Sunshine, Jelly, Elegant, Fresh, Warm.

(5) HDR: Soft, Gorgeous, Classic, Bright, Storm.

(6) Retro: Purple, Retro, Bloom, Golden, Moonlight, Clean, Faded, Emerald, Diffuse.

(7) Sketch:B&W, Surreal, Color, Years, Paint, Crayon, Outline, Bright, Light.

(8) Colorful: Rainbow, Crystal, Pure, Cloudless, Rippling, Colorful, Clouds, Colors, Autumn, Purple.

(9) Magic Color: Pink, Red, Orange, Forest, Ocean, Blue, Lemon, Purple, Summer.

(10) B&W: Standard, L-Black, Intense, Storm, L-Color.

(11) Funny: Above, Below, L-Mirror, R-Mirror, Fish Eye, Orange, Rose, Blue, Green.

(12) Dreamlike.

(13) 1839.

(14) Ghost.

(15) Huge Head.


11. Right Notice

"Camera360" respects the intellectual property rights and the legitimate rights and interests of others. Pinguo appeals you should also respect others' intellectual property and other legitimate rights and interests. If you believe that your copyright/information network transmission right has been infringed, please follow the instructions below to issue right notice to Pinguo. Pinguo will, in accordance with governmental normative documents and Chinese laws and regulations, take measures to delete charged content or disconnect and the link to the charged works. Main requirements for the notice are as follows: 1) intellectual property owner / right owner and / or right person with the right of the exercise of intellectual property rights / other legitimate rights and interests in accordance with the laws; 2) your posted or linked works to the "Camera360" infringe the above intellectual property / legal rights and interests.

Specific notification steps and manners are as follows:

(1) Such individuals or entities must submit right notice to Pinguo in writing (fax or regular mail) (unless with the prior consent of Pinguo, please do not use e-mail for submittal). Note: In case of the misrepresentation of the right notice, the right notice submitter will assume all liability (including but not limited to compensation for costs and attorneys' fees) herefrom. If such individuals or entities are uncertain whether available information on the network involves in infringement of their intellectual property and other legitimate rights and interests, Pinguo recommends that such individuals or entities should first consult with professionals. In order to deal effectively with the right notice of such individuals or entities by Pinguo, please use the following format (including section number): 1) Please provide detailed contact information, including name, ID card or passport copies (for individuals), main qualification copies like the business license (for entities), mailing address, telephone number, fax and e-mail. 2) Please completely and accurately specify the name of the infringed works and Website of posting the works. 3) Please provide preliminary evidence of the alleged infringement, such as the following materials: certificates for proving the ownership of the involved intellectual property / legal rights and interests / or the right to exercise such intellectual property rights / legitimate rights and interests as per law; and proof of infringement facts of the alleged infringed works.

(2) Please add the following statement on the notice authenticity to the right notice: "I guarantee that the information in the notice is full, true and accurate, and if the right notice is not completely true, I will assume all legal responsibility herefrom."

(3) Please sign the document, and if you are a legally established institution or organization, please seal your official seal.

(4) Please send the above information and contact information in express mail or registered mail to the following address:

Floor 16, Region C12, Tianfu Software Park, Chengdu City, Sichuan Province

Addressee: "Camera360"

Postal Code: 610000


12. Applicable Laws and Dispute Jurisdiction

The effect and the interpretation of the Terms of Service shall be subject to the laws of the People's Republic of China. In case that any part of the Terms of Service conflicts with the laws of the People's Republic of China, the terms and conditions of such part shall be reinterpreted as per law. Invalidity or reinterpretation of part of the terms and conditions shall not affect the legal effect of other terms.

You and Pinguo jointly agree to solve disputes arising from the Service through negotiation. Should negotiation fail, either party may submit to the local court where Pinguo is located for proceedings.


13. Pinguo has the right of final interpretation of the Terms of Service of this Agreement.

If you have any comment and suggestion on any part of the service or any part of the Terms of Service, you may contact with Pinguo through the Customer Service Department.



"Camera360" Cloud Service Terms


The Terms of Service of this Agreement (hereinafter referred to as the "Terms of Service") is signed by and between you and Chengdu Pinguo Technology Co., Ltd. (hereinafter referred to as "Pinguo") on rights and obligations for "Camera360 Cloud" (hereinafter collectively referred to as "Camera360 Cloud") provided by Pinguo and shall be legally binding on both you and Pinguo.


1. Terms of Acceptance

The Terms of Service of this Agreement may be updated by Pinguo at any time without notice. Upon any change in the Terms of Service, Pinguo shall announce the modification on the Website and the revised Terms of Service shall be effective to replace the original Terms of Service since then. If you do not agree with any of the terms of the Agreement or subsequent modifications, you can choose to stop using all the services provided by "Camera360 Cloud"; and if you choose to continue to use "Camera360 Cloud" services, it shall be considered that you have completely accept the Agreement and its modification.


2. Introduction of Service

Definition of "Camera360 Cloud" service: "Camera360 Cloud" service is provided by Pinguo and in the premise that you comply with the specific terms and conditions of the Agreement, it will provide you with such service platforms as pictures uploading, saving, browsing, deleting, downloading, sharing and etc.. "Camera360 Cloud" itself does not directly upload or provide pictures or modifying or editing the pictures and photos you have uploaded, browsed, deleted, downloaded or shared to the storage platform. In order to use the "Camera360 Cloud" service, you have to prepare the equipment needed for Internet access and use of the value-added telecom business and pay Internet access fees or communications fees and information service fees provided by a third party (including but not limited to telecommunications or mobile communications provider), etc. by yourself. The Agreement expressly states privacy policies. You should guarantee to have read and will completely comply with the privacy system of Pinguo before using the service. Pinguo has the right to specify and modify general measures for the use of the service, including but not limited to deciding whether or not to retain the basic information of your albums, upload information, uploading of a single account and storage permission. If Pinguo fails to store or delete content or other information in accordance with your wishes, Pinguo does not undertake any responsibility. Pinguo reserves the right to modify or discontinue the service without prior notice to you. Pinguo does not need to be responsible for you or a third party. Unless otherwise explicitly stated by Pinguo, any new feature of the current services, including new products, shall be unconditionally applicable to the Terms of Service.


3. Authenticity of Your Personal Information

(1) You should ensure the authenticity, correctness and completeness of the identity information in terms of the use of the Service. If the information changes, you should promptly change it and Pinguo shall not bear any liability for your loss or damage caused by your untrue or incorrect information or your failure to change the information or forgetting of your password. If Pinguo knows of your provided wrong, incorrect, outdated or incomplete information or if Pinguo has reasonable grounds to suspect that such information is wrong, incorrect, outdated or incomplete, Pinguo shall reserve the right to suspend or terminate your account and refuse your current or future use of the Service in whole or in part.

(2) After completing registration procedures and receiving a password and account of the Service, you shall maintain the confidentiality and security of the password and account. You shall be responsible for any person's activity by making use of your password and account. Pinguo can not screen the activities by illegal or authorized use of your account and password. Thus, Pinguo shall bear no responsibility for it. It is prohibited to transfer or illegally sell accounts and passwords. If Pinguo discovers that the user is not the initial registrant, Pinguo is entitled to recover the account without being liable to the account user.


4. Services Purpose

Unless additional agreement is signed with Pinguo, you shall agree that the Service is for personal non-commercial use only. At the same time, you shall promise that without Pinguo\'s prior written consent you will not use the Service for advertising, marketing, trade shows and other commercial purposes. If Pinguo discovers that you use the Service to carry out such acts, Pinguo has the right to delete your uploaded content or to perform temporary or permanent ban on your album and account without notice.


5. Rules for Use

(1) You shall not abuse the "Camera360 Cloud" service, and Pinguo hereby draws your attention that the provider and user shall bear all liability to the uploading and use of all pictures, photos, your registration information or other information (hereinafter referred to as the "Content") uploaded, browsed, deleted, downloaded, and shared through the Service (whether public uploading or not). You shall guarantee that: you shall not use the Service or produce, copy, upload, publish or disseminate information containing one of the following on the Pinguo Website: 1) against the basic principles established by the Constitution; 2) endangering national security, leaking state secrets, subverting state power or undermining national unity; 3) damaging national honor and interests; 4) inciting ethnic hatred and ethnic discrimination or undermining national unity; 5) destructing national policies on religions, propagating evil cults and feudal superstition; 6) spreading rumors , disturbs social order, or undermines social stability; 7) spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime; 8) insulting or slandering others, infringing upon the legitimate rights; 9) inciting unlawful assembly, association, processions, demonstrations or mob to disturb social order; 10) acting in the name of an illegal civil organization; 11) containing content that is false, harmful, coercive infringement of others' privacy, harassing, defamatory, vulgar, obscene or other morally repugnant content; 12) containing content limited or prohibited by the Chinese laws and regulations as well as any legally binding norms.

(2) You must ensure that you have complete and flawless ownership and intellectual property rights for your uploaded photos and etc. or that you have been lawfully authorized by others and entitled to upload and act other behaviors on "Camera360 Cloud" platform and that your uploading behavior in this Website does not infringe the legitimate rights and interests of any third party. You shall not upload, post or transfer any internal data, confidential information, information relating to the privacy of others or infringing patent, trademark, copyright, trade secrets or other proprietary rights and content of others to the "Camera360 Cloud" platform. Otherwise, you shall bear the resulting legal and economic responsibility; and in case of legal liability by Pinguo therefrom, Pinguo has the right of recourse against you.

(3) You shall not use the Service to perform the behavior of spread of computer viruses and other destructive programs or make interference or confusion against the Service, the server or network connected with the Service or violate any requirement, procedures, policies or rules of networks connected to the Service, or Pinguo will retain the right to pursue its legal responsibility and the right to submit to the relevant departments.

(4) Pinguo reserves the right to filter your uploaded pictures and added text and other content. In case of discovery of any picture or text by violation of the laws and regulations or the relevant provisions of the Agreement, Pinguo has the right to immediately delete or shield without notice.

(5) You shall not transmit the advertising letters, promotional materials, junk mails and so on by uploading, posting, email or other ways.

(6) You shall agree to comply with the General Principles of the Civil Law of the People\'s Republic of China, Copyright Law of the People\'s Republic of China, Law of the People\'s Republic of China on Guarding State Secrets, Regulations of the People\'s Republic of China for Safety Protection of Computer Information, Regulations on the Protection of Computer Software, Administrative Protection of Copyright on the Internet, Administration of Internet News Information Services Provisions and other relevant national laws and regulations. In any case, if you are in breach of national laws and regulations or the Terms of Service, resulting in that Pinguo suffers any damage, dispute, litigation or claims from any third party, you are required to compensate all losses of Pinguo (including direct losses and indirect losses).

(7) You shall not use the "Camera360 Cloud" to engage in any act endangering the security of computer information network, otherwise, upon the complaint, report or discovery, you shall assume all liability and compensation for the loss caused to Pinguo.

(8) If your use of the "Camera360 Cloud" service does not comply with the Agreement, Pinguo has the right to make an independent judgment and may, without prior notice, immediately terminate service to you in part or in the whole in case of discovery by notice or report or other ways. If you spread and disseminate reactionary, pornographic or other information in violation of national laws and regulations through "Camera360 Cloud", "Camera360 Cloud" system record may be used as evidence of your violation of the laws and regulations. You shall bear full responsibility for claims from any third party or any damage or loss arising from your uploading and disseminating said information on "Camera360 Cloud".

(9) Pinguo has the right to monitor your use of the "Camera360 Cloud". In case of discovery your violation of any regulation of the Agreement through notification and report and other ways at the time of using the "Camera360 Cloud" network services, Pinguo reserves the right to ask you to correct or directly take necessary measures (including but not limited to changing or deleting your uploaded content, suspending or terminating your right to use network services) in order to reduce the impact caused by your misconduct.


6. Acceptance of System Email and Message

Once you use "Camera360 Cloud", it means that you are willing to accept relevant email sent by "Camera360 Cloud" service or system message of Pinguo (including but not limited to advertising information like sales promotion). Thus it would bring you much inconvenience possibly. Pinguo will not undertake any responsibilities for it.


7. Permission of Public Areas

You shall agree that your shared photos and texts in the public areas of the Service (public areas generally refer to the areas which can be used by general users) will grant Pinguo\'s right of global, royalty-free, non-exclusive, fully-delegated and permanently effective use, and Pinguo has the right to use said content for Internet value-added services or telecommunications value-added services by using, copying, modifying, adapting, publishing, translating and creating derivative works for the purpose of demonstrating, spreading and promoting the foregoing contents.


8. Service Risks and Disclaimer

(1) "Camera360 Cloud" is fully free. In case of photos lost or damage to files, Pinguo will not bear any responsibility. Part of the effects such as "Ghost Effects" and "2012" are fake and are only for entertainment. Pinguo will not bear any responsibility for misunderstanding caused by the effects.

(2) You shall fully understand and agree that the Service is related to the Internet and mobile communications services and may be affected by the impact of all destabilizing factors. Thus, the Service may suffer the risk of service interruption or failing to meet your requirements caused by the force majeure, computer virus or hacker attacks, system instability, your position, your turning off, GSM network, the Internet, communications network, communications lines and so on or it may result in the risk of cancellation or termination of service (any information stored in the service may not be restored). You shall bear such risks for use of the Service. Pinguo does not guarantee the timeliness, security and accuracy of service and shall bear no liability for your failing to sending or receiving messages, delivery error of messages, effectiveness of personal settings, failing to store or other issues. Pinguo will not bear any responsibility for your loss of data due to force majeure or faults not caused by Pinguo.

(3) For a system failure affecting the normal operation of the Service, Pinguo shall promise to solve and repair once discovered. Pinguo is not liable to your economic and spiritual losses herefrom. In addition, Pinguo reserves the right to suspend the provision of part or all the Service for the maintenance, upgrade or other purposes without prior notice.

(4) Pinguo solemnly draws your attention that the content provider shall be liable to any information uploaded and sent by the Service, whether publicly or privately. Pinguo has no control over the content delivered via the Service and cannot perform full control of your usage behavior. Therefore, Pinguo does not guarantee the legality, correctness, completeness, authenticity or quality of the content. You shall understand that the use of the Service may exposure to unpleasant, indecent or objectionable content and shall agree to self-evaluate and bear all risks, rather than relying on Pinguo. In any case, Pinguo reserves the right, in accordance with the laws, to stop transmission of any such content and take appropriate actions, including but not limited to suspension of your use of all or part of the Service, keeping the records and reporting to relevant authorities. Pinguo reserves the right (but not the obligation), in their sole discretion, to reject and delete any content that may be provided through the Service and be in violation of the terms or other content objectionable to Pinguo or others.

(5) You shall fully understand and agree that Pinguo is not liable to any person for possible damage to your interests arising from uploading of your pictures and other works onto "Camera360 Cloud" by a third party without your knowledge or without your consent.

(6) You shall fully understand and agree that a third party may obtain related information in " Camera360 Cloud" by visiting the Pinguo Website, and may use, modify, interpret, download or reprint the information. Pinguo is not liable to any person for any behavior that may infringe your rights and interests in any way caused by use, modification, interpretation, downloading or reprinting your information by a third party.

(7) You shall fully understand and agree that the received advertising messages through the Service for any form of commercial dealings with advertisers or participation in promotions shall be action between you and advertisers, including payment and delivery of related goods or any other terms and conditions, warranties or representations. Unless required by relevant laws and regulations, Pinguo shall not be responsible for any nature of loss or damage caused by foregoing transactions or such advertisers.

(8) Pinguo has the right to freeze or withdraw the account of your album according to the needs of the service after notifying you at least three days in advance.


9. In any case of the followings, Pinguo reserves the right to suspend or terminate the services provided to you without notice:

(1) Your personal information is untrue;

(2) You violate the provisions of the Terms of Service;

(3) In case of long-term idle account and corresponding domain name after registration;

(4) Pinguo finds that you have registered album account in bad faith or Pinguo has received a third party's complaint with appropriate evidence;

(5) Other special cases that Pinguo believes in line with the overall demand for services.


10. Disclosure of Information

In the following circumstances, Pinguo will disclose your personal information, and the consequent responsibility will be borne by you:

(1) In the case that you authorize or agree Pinguo for disclosure;

(2) In some cases where the products or services cannot be provided unless your personal information is disclosed;

(3) In case of emergency, in order to protect Pinguo's and your legal rights or public safety and interests;

(4) In the case that in accordance with the requirements of the laws or authorities it is required to provide your personal information;

(5) In the case that you agree to share the information;

(6) in the case that we find that you are in breach of the provisions of Pinguo\'s terms of service, or any other provision for use of the products and services;

(7) In any other necessary cases where it is required in accordance with the relevant provisions of the Pinguo\'s Terms of Service and Statement and other circumstances as may be deemed necessary by Pinguo;


11. Ownership of Content, Logo and Software

The content includes "Camera360 Cloud" effect name, sound, pictures and all content in mailing information and advertising. Logo includes "Pinguo", "Camera360 Cloud", "Camera360"and related graphic identities, and all these contents and logo are protected by copyright, trademark and patent right. So, you can use such contents only under authorization of Pinguo but you shall not be unauthorized to copy or reproduce these contents or create such content-related derivative products.

The ownership of any software (including but not limited to any image, photograph, animation, video, sound recording, music, text and additional procedure, accompanied help material and so on in the software) of "Camera360 Cloud " for the provision of network services shall belong to the copyright owner of the software. Without permission of the copyright owner of the software, you shall not reverse engineer, decompile or disassemble the software or otherwise attempt to discover its original coding or implement any action involving in copyright infringement.

The Scene Templates in Scenes Shooting Mode are from the network, and if it is involved in copyright, please contact us for deletion.

Note: Effects name includes:

(1) Effect enhancement: automatic enhancement, night, indoor, warm, cool, inversion, strong, balanced and cold.

(2) Magic skin: natural skin, smooth skin, natural whitening, deep whitening, art black and white, warm sunshine, fresh beauty, eclectic red lip, sweet and pleasant.

(3) LOMO effects: cyan, light clear, film, fashion, shallow memories, cold flame, warm autumn, enthusiasm, maple Leaf.

(4) Japanese style: sweet, cool, sunny, beautiful, sunshine, jelly, elegant, fresh and warm.

(5) Landscape (HDR): gentle, gorgeous, classic, shining, storm.

(6) Vintage: Purple sensation, vintage warm yellow, golden age, orange memories, hazy night, recalling, hoary memories, emerald, diffuse forest.

(7) Hand-painted: black and white lines, surreal, past years, color, oil painting, neon crayons, charcoal, bright color, light color.

(8) Brilliant: rainbow, crystal, cloudless blue sky, cloudless, rippling, colorful, cloudy, colorful, golden autumn, purple sensation.

(9) Magic color: peach red, Chinese red, tangerine orange, forest green, deep blue, sky blue, lemon yellow, lavender purple, magic summer.

(10) Black and white: standard, elegant black, strong, storm, pastel hue.

(11) Fun: upper symmetry, lower symmetry, left symmetry, right symmetry, fish eyes, orange, rose, sea blue, green Pinguo.

(12) Dreamy effect.

(13) Dreams of 1839.

(14) Ghost.

(15) Hip-hop big head.


12. Right Notice

"Camera360 Cloud" respects the intellectual property rights and the legitimate rights and interests of others. Pinguo appeals you should also respect others\' intellectual property and other legitimate rights and interests. If you believe that your copyright/information network transmission right has been infringed, please follow the instructions below to issue right notice to Pinguo. Pinguo will, in accordance with governmental normative documents and Chinese laws and regulations, take measures to delete charged content or disconnect and the link to the charged works. Main requirements for the notice are as follows: 1) intellectual property owner / right owner and / or right person with the right of the exercise of intellectual property rights / other legitimate rights and interests in accordance with the laws; 2) your posted or linked works to the "Camera360 Cloud" infringe the above intellectual property / legal rights and interests.

Specific notification steps and manners are as follows:

(1) Such individuals or entities must submit right notice to Pinguo in writing (fax or regular mail) (unless with the prior consent of Pinguo, please do not use e-mail for submittal). Note: In case of the misrepresentation of the right notice, the right notice submitter will assume all liability (including but not limited to compensation for costs and attorneys\' fees) herefrom. If such individuals or entities are uncertain whether available information on the network involves in infringement of their intellectual property and other legitimate rights and interests, Pinguo recommends that such individuals or entities should first consult with professionals. In order to deal effectively with the right notice of such individuals or entities by Pinguo, please use the following format (including section number): 1) Please provide detailed contact information, including name, ID card or passport copies (for individuals), main qualification copies like the business license (for entities), mailing address, telephone number, fax and e-mail. 2) Please completely and accurately specify the name of the infringed works and Website of posting the works. 3) Please provide preliminary evidence of the alleged infringement, such as the following materials: certificates for proving the ownership of the involved intellectual property / legal rights and interests / or the right to exercise such intellectual property rights / legitimate rights and interests as per law; and proof of infringement facts of the alleged infringed works.

(2) Please add the following statement on the notice authenticity to the right notice: "I guarantee that the information in the notice is full, true and accurate, and if the right notice is not completely true, I will assume all legal responsibility herefrom."

(3) Please sign the document, and if you are a legally established institution or organization, please seal your official seal.

(4) Please send the above information and contact information in express mail or registered mail to the following address:

Floor 16,Region C12,Tianfu Software Park, Chengdu City, Sichuan Province

Addressee: "Camera360 Cloud"

Postal Code: 610000


13. Applicable Laws and Dispute Jurisdiction

The effect and the interpretation of the Terms of Service shall be subject to the laws of the People\'s Republic of China. In case that any part of the Terms of Service conflicts with the laws of the People\'s Republic of China, the terms and conditions of such part shall be reinterpreted as per law. Invalidity or reinterpretation of part of the terms and conditions shall not affect the legal effect of other terms.

You and Pinguo jointly agree to solve disputes arising from the Service through negotiation. Should negotiation fail, either party may submit to the local court where Pinguo is located for proceedings.


14. Pinguo has the right of final interpretation of the Terms of Service of this Agreement.

If you have any comment and suggestion on any part of the service or any part of the Terms of Service, you may contact with Pinguo through the Customer Service Department.