User agreement effective February 25, 2016
This User Terms of Service Agreement (hereinafter referred to as “User Agreement”) is the relevant rights and obligations entered into between you and March client and its services (hereinafter referred to as “March”), and this User Agreement is legally binding on you and March.
Accept the terms and conditions
This User Agreement may be updated from time to time by March without notice. Once the User Agreement is changed, March will publish the modification on the web page, and the modified User Agreement will effectively replace the original user Agreement once it is published on the web page. If you do not agree to any of the terms and subsequent modifications of this User Agreement, you may choose to stop using all the services provided by March. If you choose to continue using the March Service, you are deemed to have accepted this User Agreement and its modifications in full.
Service profile
Service Definition: March, on the premise that you comply with the specific terms and conditions of this User Agreement, provides you with a service platform for taking photos, editing, uploading, browsing, deleting, downloading, sharing pictures and other functions. “March” itself does not upload or provide picture content directly, nor does it modify or edit any pictures or photos that you upload, browse, delete, download or share to the storage platform. If you use The March service, you must equip yourself with the equipment required for Internet access and value-added telecom services, and bear the communication fee, information fee and other related fees charged by you or a third party (including but not limited to telecom or mobile communication provider). There are clearly agreed privacy policies in this Agreement. You should ensure that you have read and are willing to fully follow the privacy policy published by March before using the Service. March reserves the right to specify and modify the general measures for using the Service, including but not limited to deciding whether to retain your album’s basic information and upload information, as well as the upload and save permissions of a single account. March shall not be liable for failure to store or remove the Content or other information of the Services as you wish. March reserves the right to modify or discontinue the service at any time without prior notice. March is not responsible to you or any third party. Unless otherwise expressly specified by March, this User Agreement applies unconditionally to any new features added to the Current Services, including new products.
The service purpose
Unless otherwise agreed with March, you agree that the Services are for personal, non-commercial use only. At the same time, you promise not to use the Service for advertising, sales, commercial display and other commercial purposes without March’s prior written consent. If March finds you using the Service to do any of the above, it has the right to delete your uploaded content or temporarily or permanently ban your album and account without further notice to you.
Use rules
You may not abuse the services of March. March hereby solemnly reminds you that any pictures, photos and other information, your registration information or other information (hereinafter referred to as “content”) uploaded (whether publicly uploaded or not), viewed, deleted, downloaded or shared through the Services, Content providers and users shall be solely responsible for their upload and use behaviors. You warrant that you may not make, copy, upload, publish or disseminate any of the following information using the Service or on the March web page: 1. Those that oppose the basic principles laid down in the Constitution;
2. Endangering national security, divulging state secrets, subverting state power, or destroying national unity;
(3) harming the honor and interests of the state;
(4) inciting ethnic hatred, discrimination or undermining ethnic unity;
5. Sabotaging the state’s religious policies and propagating heresies and feudal superstitions;
6. Spreading rumors, disturbing social order and undermining social stability;
7. Spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime;
8. Insulting or defaming others or infringing upon the lawful rights of others;
9. Inciting illegal assembly, association, procession, demonstration or gathering of people to disturb public order;
10. Activities in the name of illegal non-governmental organizations;
11. Contains false, harmful, threatening, invasive, harassing, defamatory, vulgar, obscene, or other morally objectionable content;
12. Contains other contents restricted or prohibited by Chinese laws, regulations and any legally effective norms.
You must guarantee that you own the complete and flawless ownership and intellectual property rights of the photos and other works you upload, or that you have obtained the legal authorization of others and have the right to upload on the “March” platform, and that your uploading on the website does not infringe the legitimate rights and interests of any third party; You may not upload, post, or otherwise transmit any internal information, confidential information, information involving the privacy of others, or any content that infringes any person’s patent, trademark, copyright, trade secret or other exclusive rights on the March Platform. Otherwise, you will be solely responsible for all legal and economic responsibilities arising therefrom; March therefore assumes legal liability and has the right to recover from you. You are not allowed to use the Service to produce or spread computer viruses or other destructive programs, to cause disturbance or confusion to the Service, the server or network connected to the Service, or to violate any requirements, procedures, policies or rules of the network connected to the Service. Otherwise, March reserves the right to pursue legal liabilities and submit them to relevant departments. You agree to abide by the law of the People’s Republic of China civil law, the law of the People’s Republic of China copyright law, the law of the People’s Republic of China on guarding state secrets law, the law of the People’s Republic of China computer information system safety protection regulations “, “computer software protection ordinance, the Supreme People’s Court on the trial of copyright dispute cases involving computer network solutions of some issues of applicable law Interpretation (Interpretation [2004] no. 1), Measures for Administrative Protection of Internet Copyright, Provisions on Administration of Internet News and Information Services and other relevant national laws and regulations. Under any circumstances, if you violate national laws and regulations or this User Agreement, resulting in any damage to March or any disputes, lawsuits or claims from a third party, you shall indemnify March for all losses (including direct losses and indirect losses). If your use of the March Services does not comply with this User Agreement, March reserves the right to exercise its independent judgment upon discovery through notice, reporting, or other means, and may immediately terminate any or all of the Services without prior notice to you. If you spread or disseminate reactionary, pornographic or other information in violation of national laws and regulations through March, March’s system records may serve as evidence of your violation of laws and regulations; You shall be solely responsible for any damage or loss caused by any third party’s claim or derivation due to your uploading or dissemination of the above contents in March. March has the right to supervise your use of March. If you are found to have violated any provisions of this User Agreement by notice, report or other means when using the Network services provided by March, March reserves the right to require you to correct or directly take all actions March deems necessary (including but not limited to changing or deleting the content you upload, suspending or terminating your right to use the Network Services) to mitigate the impact of your misconduct. License of public area content
You agreed to you in this service the public areas (public area refers to the general public area) users can use the public sharing of photos and text to March and global free of license fees, non-exclusive, can completely turn authorization, and permanent use rights, and March in order to display, dissemination and promotion to post the content of a particular purpose, The aforesaid content shall be used, copied, modified, adapted, published, translated or used to create derivative works for Internet value-added services or telecom value-added services.
Service risks and disclaimers
March does not provide file storage and shall not be liable for lost photos or damaged files. Ghost effects and 2012 or some of the effects are fake and are for entertainment only, and March accepts no responsibility for any misunderstanding caused by photos of the effects. You fully understand and agree that the Service involves Internet and mobile communication services and may be affected by unstable factors in each link. So service exists because of the force majeure, a computer virus or hacker attacks, system is not stable, your location, you shutdown, GSM network, Internet, communication lines caused by the reasons for the risk of service disruption or can’t meet your requirements, or may cancel or terminate the service risk (stored in the service of any information you may not be able to restore). If you use the Service, you must bear the above risks. March does not guarantee the timeliness, security and accuracy of the service, and does not assume any responsibility for your inability to send and receive messages, or delivery errors, or personal Settings, non-storage or other problems. March shall not be liable for any loss of your data, loss or service suspension caused by force majeure or non-fault of March.
For system failure affecting the normal operation of the service, March promises to deal with it and repair it in time once it is found. However, March is not responsible for your economic and spiritual losses. In addition, March reserves the right to suspend any or all of the services for maintenance, upgrading, or other purposes without prior notice. March solemnly reminds you that any content posted or sent via the Service, whether delivered publicly or privately, is the responsibility of the content provider. March has no control over the content transmitted through the Service and has no overall control over your use of the service, so it does not guarantee the legality, correctness, integrity, authenticity or quality of the content; You anticipate that you may be exposed to objectionable, inappropriate or objectionable content by using the Services and agree to exercise your own judgment and assume all risks without reliance on March. However, in any event, March reserves the right to discontinue transmission of any of the foregoing content and take appropriate actions, including but not limited to suspending your use of the Service in whole or in part, keeping relevant records and reporting to the relevant authorities, according to law. However, March reserves the right (but is not obligated), at its sole discretion, to reject or remove any content that may be provided through the Service in violation of these terms or otherwise offensive to March or to you. You fully understand and agree that If a third party uploads your pictures and other works to March without your knowledge or consent, March will not be liable for any possible infringement of your rights and interests. You fully understand and agree that a third party may access the relevant information in March by visiting the March website and may use, modify, deduct, download or reprint the information. March shall not be liable to any person for your or any third party’s use, modification, interpretation, download or reprint of the information in any way that may infringe your rights and interests. You fully understand and agree that receiving advertising messages through the Service, engaging in any form of business with advertisers, or participating in promotional activities, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations entered into are solely between you and Advertisers. Except as expressly required by applicable law, March shall not be liable for any loss or damage of any nature incurred by you as a result of any of the foregoing transactions or the foregoing Advertisers. This User Agreement does not apply to third parties that we do not own, control or manage. Third parties herein include, but are not limited to, all third party websites, services, applications or business practices. When you create an account in a March product, March will ask you for information such as a user name, password, email address, etc. (account information). March will only use account information to enhance or improve our services, such as personalization, security verification. March will never and may not share a User’s account information with third parties, except with the user’s permission or under certain special circumstances (see disclosure terms for Information). You may access third parties through our services, for example by clicking on external links. You may also choose to share your information with third parties, such as sharing your photos to Weibo, wechat, etc. March is not responsible for the privacy management and conduct of third parties. Before switching to an external website or sharing to a third party, read the privacy policy of the third party. The user agreement provided here is for March to collect and manage membership information only. March reserves the right to freeze or withdraw the album account you used with at least 3 days’ notice as required by the service. March reserves the right to discontinue or terminate the services at any time without notice to you in any of the following circumstances: 1. The personal information you provide is not true;
2. You violate the provisions of this User Agreement;
3. Your account and corresponding domain name have been idle for a long time after registration;
4.March finds that you have maliciously registered your album account or March has received complaints from a third party and the third party has provided corresponding evidence;
5. Other special circumstances that March considers fit the overall service requirements.
Ownership of content, logo, software
The content includes “March” special effect name, sound, pictures, etc., as well as all the content in email messages and advertisements. Logo includes “March” and related graphic logo, all such content, logo is protected by copyright, trademark rights, patent rights and other laws. Therefore, you may use the content only under the March license, and you may not copy, recreate, or create derivative products of the content.
All rights of any software used by March to provide network services (including but not limited to any images, photos, animations, videos, sound recordings, music, text and additional programs and accompanying help materials contained in the software) belong to the copyright owner of the software. Without the permission of the copyright owner of the software, You may not reverse engineer, decompile or disassemble the software, or otherwise discover its original coding, or perform any suspected copyright infringement. Scene camera photo template, from the network, if involved in copyright, please contact us, we can delete.
Notice of Rights
March respects the intellectual property rights and legal rights of others, and March calls on you to do the same. If you believe that your copyright/information network transmission rights have been infringed, please send a notice of rights to March according to the following instructions. March will take measures to delete the content of the accused works or disconnect the link with the accused works in accordance with Chinese laws and regulations and normative documents of the government. The requirements of the notification subject are as follows: 1. The INTELLECTUAL property owner/right holder of a work and/or the right holder who can exercise intellectual property rights/other legal rights according to law;
2. The content of the works you post or link to on March infringes the above intellectual property rights/legal rights.
The specific notification steps and methods are as follows:
The above individuals or units must submit the notice of rights to March by written communication (fax or mail) (do not submit the notice by email unless approved by March in advance). Please note: If the statement of the notice of rights is false, the submitter of the notice of rights will be liable for all legal liabilities (including but not limited to compensation of various costs and attorney’s fees). If such an individual or entity is unsure whether the material available online violates its intellectual property rights and other legitimate interests, March recommends that the individual or entity first consult a professional. In order for March to effectively process the notice of rights of the above individuals or entities, please use the following format (including the serial number of each clause) : 1. Please provide specific contact information, including name, copy of ID card or passport (for natural person), copy of business license and other qualifications (for unit), mailing address, telephone number, fax and email.
2. Please fully and accurately indicate the name of the suspected infringing work and the address of the web page where the work is published.
3. Please provide preliminary evidence that constitutes infringement. It is suggested that the following materials may constitute preliminary evidence: proof of ownership of intellectual property rights/lawful rights and interests in the suspected infringing works and/or proof of legal ability to exercise intellectual property rights/lawful rights and interests; Evidence of infringement of suspected works.
Please add the following statement about the authenticity of the notice: “I guarantee that the information stated in this notice is full, true and accurate. If the content of this notice is not completely true, I will bear all legal liabilities arising therefrom.” Please sign this document. If you are a legally established institution or organization, please stamp your official seal. Please send the above information and contact information by ems or registered mail to the following address: 4th floor, Qilin Block, Photoelectric Garden, Chongqing
To: “March”
Zip code: 610000
Governing law and dispute jurisdiction
The validity and interpretation of this User Agreement shall be governed by the laws of the People’s Republic of China. If any part of the User Agreement is in conflict with the laws of the People’s Republic of China, such part of the terms shall be reinterpreted in accordance with the provisions of the law, and the invalidity or reinterpretation of some terms shall not affect the legal effect of other terms. You and March agree that any dispute arising from the Service shall be settled through negotiation. If no agreement can be reached through negotiation, either party can submit the dispute to the local court of March for settlement.
March reserves the right of final interpretation of this User Agreement