This "YAOXIAOSHU YAOXIAOSHU Wallpaper Download and Use Agreement" (hereinafter referred to as "this Agreement") is a legally binding agreement between [Yaoxiaoshu Yaoxiaoshu Official Website] (hereinafter referred to as "our side") and the user who downloads and uses mobile phone wallpapers (hereinafter referred to as "you"). Please read all the contents of this agreement carefully before downloading and using the mobile phone wallpaper. If you do not agree with any of the terms of this agreement, please do not download or use it. Once you start downloading or using your mobile phone wallpaper, it indicates that you have fully understood and agreed to be bound by all the terms of this agreement.
I. Scope of the Agreement
- This agreement applies to your act of downloading and using all the mobile phone wallpaper resources provided by us through the platforms or channels we offer.
- We reserve the right to modify and update the contents of this agreement in accordance with the actual situation. Once the revised agreement is published on our platform, it shall be deemed to have been delivered to you. If you continue to use the mobile wallpaper download service, it means that you accept the modified agreement content. If you do not agree with the modified agreement, you should immediately stop using the relevant services.
Ii. Intellectual Property Declaration
- All mobile phone wallpaper resources provided on our platform, including but not limited to pictures, graphics, audio, video and their combinations, are subject to copyright, trademark rights, patent rights and other intellectual property rights owned by us. Without the explicit written permission of us or the relevant rights holders, you may not copy, distribute, modify, compile, adapt, sell, license others to use or infringe upon the above intellectual property rights in any other way.
- The mobile phone wallpapers you download through our platform are only granted the right for non-commercial use on personal devices such as mobile phones. You can set the wallpaper as the screen background of your personal device, but it must not be used for any commercial purposes, including but not limited to advertising, product packaging, commercial exhibitions, and the production of derivatives.
Iii. User Rights and Obligations
- You have the right to download mobile phone wallpapers from our platform and use them reasonably on your personal devices, subject to this agreement.
- You should ensure that your act of downloading and using mobile phone wallpapers complies with the provisions of national laws and regulations. You must not use wallpapers to engage in any illegal, non-compliant, infringing or harmful activities, including but not limited to spreading obscene, violent, terrorist, false information, infringing upon others' privacy, reputation rights, portrait rights, etc.
- You must not obtain or tamper with the wallpaper resources on our platform through any illegal means, such as malicious programs or hacker attacks. If your violation of these terms causes losses to us or a third party, you shall bear full liability for compensation.
- You are not allowed to redistribute the mobile phone wallpapers downloaded through our platform, including but not limited to uploading them to other websites, social platforms for others to download, or spreading them through file-sharing software.
Iv. Our Rights and Obligations
- We should make every effort to ensure the legality, security and quality of the mobile phone wallpaper resources on the platform. However, due to objective reasons such as technology and network, we cannot guarantee that the wallpaper resources will be usable normally or free of any defects under any circumstances. We shall not be held responsible for any service interruption, wallpaper damage or unusability caused by force majeure, third-party actions or other reasons beyond our control.
- We reserve the right to update, adjust or remove the wallpaper resources on the platform based on our own operational needs. Within a reasonable range, we do not need to notify you in advance.
- If we find that you have violated this agreement, we have the right to immediately stop providing services to you without prior notice, delete the wallpaper resources you have downloaded, and reserve the right to pursue your legal responsibility.
V. Disclaimer
- The download and use of mobile phone wallpapers are at your own discretion and risk. We shall not be liable for any direct or indirect losses resulting from the download or use of wallpapers, including but not limited to equipment damage, data loss, business interruption, and damage to reputation, unless such losses are caused by our intentional act or gross negligence.
- Our platform may contain links or content provided by third parties. We assume no responsibility or obligation for the websites, products, services or their contents of third parties. When you use content related to third parties, you should abide by the relevant agreements and regulations of the third parties.
Vi. Liability for Breach of Contract
If you violate any terms of this agreement, we have the right to demand that you immediately cease the breach of contract and compensate us for all losses caused by your breach of contract, including but not limited to direct losses, indirect losses, legal fees, litigation costs, etc. At the same time, we have the right to take all necessary measures to safeguard our legitimate rights and interests.
Vii. Dispute Resolution
The signing, performance, interpretation and dispute resolution of this agreement shall be governed by the laws of the People's Republic of China (excluding the laws of the Hong Kong and Macao Special Administrative Regions and Taiwan Region). If any dispute arises between the two parties during the performance of this agreement, it shall first be resolved through friendly consultation. If the negotiation fails, either party has the right to file a lawsuit with the people's court having jurisdiction in our location.
Viii. Other Clauses
- This agreement constitutes all the agreements between the two parties regarding the download and use of mobile phone wallpapers and supersedes all previous oral or written agreements.
- If any provision of this agreement is determined to be invalid or unenforceable, it shall not affect the validity and enforcement of the other provisions.