MoreWatch User Service Agreement
Effective date:: November 11 , 2024
Updated on: : November 11 , 2024
introduction :
This " MoreWatch User Service Agreement " (hereinafter referred to as "this Agreement") applies to all products and services of MoreWatch (hereinafter referred to as "this APP") , including all terminal clients such as websites and iOS applications . This Agreement is signed between the user (you) and [ HK iDream Network Technology Co., Limited ] (hereinafter referred to as " we " or "the Company" ), and is signed and effective on the date the user obtains and uses our products and services.
Important Notes:
1. The ownership and operation rights of all services and contents provided by MoreWatch mobile application APP belong to [ HK iDream Network Technology Co., Limited ] . If you visit and use our products or services (collectively referred to as "Services") on this website and its mobile application, you have accepted the following service agreement. Please read the following content carefully and ensure that you understand it correctly. Before you perform any operations such as registration, payment, account association, or purchase, please read the following agreement carefully. After that, users shall not raise any form of defense on the grounds of not reading/not agreeing to the content of this agreement or similar reasons. If you disagree with any of the following, you should stop using our services immediately.
2. We particularly remind you to pay attention to the clauses in this Agreement that exempt or limit our liability (usually including words such as "not responsible" and "no guarantee") and the clauses that restrict your rights (usually including words such as "may not", "should not", "not allowed" and "prohibited") , the applicable law and dispute resolution clauses. These clauses apply to the maximum extent permitted by law and are usually marked in bold font .
3. If you have not reached the legal age of majority required by the laws of your country/region to access the service or do not meet the requirements of a person with full civil capacity, you should obtain the consent of your legal representative to this Agreement before using our products and services and paying us fees. If the user clicks "Agree"/"Accept" this Agreement, it is deemed that you have confirmed that you have obtained the consent of your legal representative or have full civil rights and full civil capacity, are able to agree to and abide by this Agreement, and independently bear legal responsibility for all your actions under this Agreement.
4. This Agreement is an agreement between the user and us regarding the user's use of MoreWatch software or services. It includes the main text of the Agreement, the MoreWatch Privacy Policy, the MoreWatch Paid Member Service Agreement, and various rules that we have published or may publish/update in the future. They are inseparable from this Agreement and have the same legal effect. If there is a conflict between this Agreement and the above agreements, the above agreements shall prevail; for the parts not mentioned in the above agreements, this Agreement shall prevail.
5. We have the right to modify and update this Agreement from time to time . Please check the latest version of this Agreement . If you do not agree or accept the terms of this Agreement , please do not continue to use the products and services we provide. For the avoidance of doubt, continuing to use this App after the modification shall constitute your acceptance of any and all modifications.
6. Please note that in addition to the provisions of this Agreement, you must also comply with the laws of the country or region to which you belong and where you are located, and you confirm that the conclusion and performance of this Agreement does not violate the laws and regulations of the country or region to which you belong, where you reside or where you conduct business activities or other business.
1. About the services we provide
1.1 Service Scope: This service refers to the watch dial wallpaper download tool we provide to the general public , which supports regular wallpaper updates. Users can download or use preset styles to create personalized wallpapers (hereinafter referred to as "this service"). Depending on the functions you choose, we may provide different services. The specific services we provide to you are subject to the actual display on the page. Unless otherwise agreed, we grant you the right to access and use this service. This authorization is non-commercial, non-exclusive, limited, non-transferable, non-sublicensable and revocable.
1.2 You are aware and understand that, based on the industry characteristics of frequent iterations and updates of business and products, we have the right to update or change this APP and related services from time to time (including but not limited to modification, upgrading, partial function deactivation, function enhancement, development of new services, function replacement, etc. of software services), so please refer to the service page display at that time for the service content we provide. In view of business development and adjustments, we reserve the right to modify or terminate the service at any time without prior notice to users, and we reserve the right to temporarily or permanently disable or terminate any APP and/or website functions and delete any content at our sole discretion.
1.3 We may develop different software versions for different terminal devices. You should choose to download the appropriate version for installation according to the actual situation. If you obtain this APP or an installation program with the same or similar name as this APP from a third party without our authorization, we cannot guarantee that the software can be used normally and will not be responsible for any losses caused to you.
2. Third-party products and services
2.1 You understand and agree that we have the right to decide to use this APP for commercial purposes, including but not limited to developing and using part of the services of this APP for advertising and promotion for third parties. We can send and display advertisements or other information (including commercial and non-commercial information) to you by ourselves or by a third party through various means such as SMS, email or electronic information.
2.2 You are aware of and authorize that our products and services may contain other people's commercial advertisements or advertisements for other promotional activities. Such advertisements may be activated and provided to you through the lock screen lighting up, function unlocking, activity incentives, etc. These contents are provided by advertisers or product/service providers and they bear corresponding responsibilities. We only provide a medium for publishing content. The transactions of such services or goods purchased by users through us or the websites we link to exist only between users and the providers of such goods or services and have nothing to do with us. We do not bear any legal responsibility for the transactions between users and the providers of such goods or services. You should carefully judge the authenticity and reliability of the advertisements appearing in this service. Unless otherwise expressly provided by law, you shall be responsible for the actions taken due to such advertisements.
2.3 We may also cooperate with third parties to provide you with certain functions or services. For example, these products and services may contain links that can jump to other online services or resources. In the process of using third-party services, in addition to complying with the provisions of this Agreement, you must also comply with the third party's user agreement, privacy policy and other relevant terms.
You understand and acknowledge that we cannot control your use of such third-party services or resources. Therefore, unless otherwise agreed in this Agreement, your use of third-party services or resources is subject to the agreement between you and the relevant third party, and we do not assume any responsibility for your use of third-party services or resources .
The existence of such links does not mean that we recognize the legality and security of these third-party services or resources . We do not control such third-party services or resources , nor are we responsible for the content or functions of such services or resources . The functions and services provided by third parties are independently operated by the third parties and they bear all responsibilities independently. When you use these third-party services, their respective terms and conditions will apply. You should carefully read the user agreement and privacy policy and other relevant documents provided by the third party, and use the third-party functions and services with caution. We will not intervene in the interests or disputes between you and the third party.
2.4 You understand and agree that we may make adjustments to the policies and services of this Service and third-party applications. Such adjustments may affect our or third-party services (such as causing the relevant services to no longer be provided in this Service, or limiting the service functions of third-party applications). Unless otherwise expressly provided by law, we do not assume corresponding liability.
3. Protection of Personal Information
3.1 Respecting and protecting personal information is one of our basic systems. We will take reasonable measures to protect the security of personal information in accordance with the law, and have formulated a Privacy Policy to protect the legitimate rights and interests of the personal information subject, such as the right to know and the right to choose.
3.2 We will collect, use, store and share your personal information in accordance with applicable laws and regulations, this Agreement and the Privacy Policy. To the extent this Agreement does not make clear provisions regarding the protection of personal information, the Privacy Policy shall prevail. Please read and fully understand the aforementioned Privacy Policy before using this service.
4. User Code of Conduct
4.1 You understand and agree to comply with all applicable laws related to your use of our services and user content. You promise to register as our user with your real identity and ensure that the personal identity information provided is true, complete, valid and complies with laws and regulations. You shall bear the corresponding legal responsibility for the information provided in accordance with the laws and the necessary terms and conditions.
4.2 Information Behavior Standards
4.2.1 The information content referred to in this article refers to any content uploaded, stored, produced, copied, published, shared, and disseminated by users in the process of using this APP and services , including data, words, texts, sounds, pictures, images, charts, graphics, videos, audios, or instructions, etc. , generated by the use of this APP and services . You shall bear full responsibility for such content. You guarantee that such content does not violate applicable laws and regulations, national policies and public order and good customs, and you are solely responsible for the timeliness, authenticity and accuracy of such content; and you guarantee that you own the ownership, intellectual property rights of such content or have obtained the legal authorization of the right holder, and guarantee that it does not infringe on the intellectual property rights or any other legal rights of anyone.
4.2.2 You agree that we have the right to use technical or manual methods to review whether the aforementioned content complies with applicable laws and regulations or the requirements of this Agreement based on laws and regulations and the provisions of this Agreement, and have the right to filter, delete or not display such content based on the review results without being liable to you or third parties. If your use behavior or the information content uploaded, stored, published, or shared violates laws and regulations, whether we discover it actively or are notified by regulators or reported/complained by other users, we have the right to decide to immediately suspend or terminate the provision of this service to you depending on the circumstances. You shall bear the responsibilities and consequences arising therefrom. We do not bear any legal and joint liability and reserve the right to transfer the case to judicial authorities for handling.
4.2.3 You understand and agree that when you use this App, you are prohibited from using this App and its services to upload, store, create, copy, publish, share, or disseminate the following information that interferes with the normal operation of this App and infringes upon the legitimate rights and interests of other users or third parties . You are prohibited from using this App to conduct any illegal or improper activities , including but not limited to:
A. Violation of any third-party rights, including but not limited to the production, publication, and storage of content that infringes upon any third-party legal rights (including but not limited to the right of reputation, right of portrait, right of privacy, copyright, trademark, patent, trade secret, and moral rights);
B. Endangering national and social security, opposing the basic principles established by the Constitution; endangering national security, leaking state secrets, subverting the state power, undermining national unity; inciting ethnic hatred, ethnic discrimination, undermining national unity; promoting or inciting illegal or criminal activities, anti-social behavior; engaging in any other behavior prohibited by laws, administrative regulations, national regulations and public order and good customs;
C. Obscene, pornographic, violent and other behaviors, which may include but are not limited to attack, insult, slander, derogatory, bullying, discrimination, threat, or contain obscene, violent, vulgar, explicit or indecent content; or promote or encourage violence, terrorism or any other illegal behavior; and any behavior that may harass, disturb, embarrass, alarm, inconvenience or annoy others , including but not limited to harassment, advertising information and spam ;
D. Create and disseminate unsafe information or content, which may include but is not limited to any viruses, malware or other harmful programs; information that may pose a security threat to this App, its users or third parties.
E. Other information activities that violate applicable laws, regulations, policies, public order and good customs, social ethics, or interfere with the normal operation of this APP and infringe upon the legitimate rights and interests of other users or third parties.
4.3 Software Usage Guidelines
4.3.1 You understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of our services:
A. Reverse engineer, disassemble, decompile, disassemble or attempt to extract source code from the Service or any part of the Service in other ways, or delete, modify , tamper with, block or partially block the computer system , service and related functions of the Service, or make any changes or attempt to change the system configuration of our Service ;
B. Copy, change, modify, mount or create any derivative works of the Service or any data released during the operation of the Service, or the interactive data between the client and the server during the operation of the Service, including but not limited to using plug-ins, external tools or unauthorized third-party tools or services to access the Service and related systems;
C. Use or create, publish, or disseminate any robot, spider, crawler, crawler, website search/retrieval application, or other tool to access, crawl, pre-load, store, cache, screenshot, retrieve, or index any part of the Service and related content, or circumvent or attempt to circumvent the Service and any security protection mechanism or system defense tool or other system configuration provided by us in any way or by any tool;
D. Copy, imitate, translate, change, modify, or disseminate all or part of the Service and related content, or create derivative works of the Service and related content (including generating or using in databases), or disseminate or publicly display all or any part of the Service and related content in any way;
E. Create or provide packaging for the Service , use our Service or available User Content to access our Service in a manner other than expressly permitted by these Terms and the normal functionality of our Service. For example: (1) use or provide any part of the Service or related content in any application interface you provide to others; or (2) create a website or application that reproduces or copies all or part of our products and services;
F Stress test the Service, use our Service in any way that could damage, disable, overburden, impair, or compromise our Service, our systems or security, or interfere with other users;
G. use our Services for any unlawful purpose, in an unlawful manner, or in any manner inconsistent with these Terms;
H. hack into or insert malicious code (including viruses or harmful data) into our services;
I. Directly or indirectly exploit product bugs (including loopholes or unreasonable phenomena in product systems, programs, settings, etc.) or program loopholes to profit or disrupt product order, or exploit bugs or loopholes to achieve personal goals;
J. Infringement of our intellectual property rights ( including but not limited to the use, rental, lending, copying, modification, linking, reprinting, compilation, publication, establishment of mirror sites, etc. of the content owned by this APP)
K. Other actions not expressly authorized by this APP.
4.3.2 No one may copy or grab the dial wallpaper images provided by this APP for download by improper means for any purpose. Once discovered, we will pursue legal responsibility and demand compensation for economic losses at a price of RMB 10 per KB based on the total data traffic of the violator grabbing the dial wallpaper images.
4.4 Service Operation Specifications
4.4.1 The user is fully responsible for the safekeeping of the subscription device and password and all actions performed using the device and password. You may not abuse our services. Our service accounts are limited to personal, non-commercial use by users and may not be provided to any third party for paid or free use. It is prohibited to sell, transfer, lend or share our services with others . The user shall bear any consequences arising from the illegal use of our services by others due to negligence of the user or any third party's behavior.
4.4.2 Our official website and authorized application markets and channels are the only legal ways to download, install, launch, browse, register, log in, and use our services. Services and derivative works of our company that have not been officially released or authorized by our company are illegal. Users downloading, installing, and using illegal applications may bring unexpected risks, and we do not assume any legal liability arising therefrom. We do not recognize any products and services obtained by illegal means, including but not limited to client products, accounts, subscription rights, points, points products, community products or services, etc., and once discovered, we have the right to immediately delete, cancel, clear, block, etc., and any adverse consequences caused by this shall be borne by the user.
4.5 Breach of Contract
4.5.1 If you violate this Agreement, this App has the right to make its own judgment based on the knowledge level of ordinary non-professionals, the data and records recorded in this platform, and the needs of laws and policies, and make independent decisions without prior notice to you, and may choose in whole or in part: (1) suspend or terminate your software use license and stop corresponding technical services, and take measures including but not limited to banning accounts, revoking activity qualifications, restricting functions, canceling subscription service qualifications, clearing remaining services, restricting re-registration, clearing data, etc., and also has the right to recover all profits received by users, and you will bear the consequences and losses of the inability to use this App account; (2) resort to administrative law enforcement agencies or judicial organs to pursue corresponding legal responsibilities.
4.5.2 If your violation of this Agreement causes any damage to any third party (including the Company and its affiliates), you shall bear the responsibility independently; if the Company and its affiliates suffer losses, you shall also compensate for them in accordance with the law.
5. Intellectual Property Statement
5.1 You acknowledge and agree that we own any and all legal rights in this APP , including any intellectual property rights involved in this APP and Services. The information in this APP, including but not limited to text, software, audio, video, photos, graphics, all advertising content, business information we provide to you, etc., are protected by copyright, patents, trademarks and other relevant laws and regulations. You may only use these contents with our authorization; you may not copy, modify, edit these contents or create related derivative works without authorization.
5.2 You only have the right to use the Service in accordance with this Agreement and any written agreement signed between you and us (if any). Your consent to this Agreement and use of the Service do not involve any transfer or assignment of the intellectual property rights, ownership and other legal rights of us and our licensors, and all the above intellectual property rights, ownership and other legal rights still belong to us and/or the corresponding rights holders. Any information content downloaded in any form during the use of the Service shall not be deemed to have obtained any commercial authorization or license, and can only be used for your personal entertainment, learning, research or appreciation. It cannot be used for sale or any other commercial purpose without the prior written consent of the rights holder, and you may not copy, modify, sell or derive derivative products by yourself or by any third party. If you make any illegal editing or improper use of the downloaded information content, all damages, expenses or losses caused by it will be borne by you alone.
5.3 To ensure accuracy and avoid disputes, users agree to use the data stored on our servers as the judgment standard for the technical data and information involved in this Agreement . We guarantee the authenticity of the data.
5.4 You promise that all the information content you upload or publish in this service, including but not limited to data, words, texts, sounds, pictures, images, charts, graphics, videos, audios, etc. , have complete intellectual property rights, or have obtained the legal authorization of the relevant rights holders. If we receive a notice from the rights holder claiming that the information content you sent or disseminated infringes their relevant rights, you agree that we have the right to make an independent judgment and take measures such as deletion, blocking or disconnecting links. You understand and agree that if you are complained by others for infringement or you complain about infringement by others and we verify that the preliminary materials are true, we have the right to provide the contact information of the relevant party to the counterparty. If you violate the provisions of this article and cause us to be sued by a third party, you agree to fully compensate the company (including but not limited to various compensation costs and reasonable expenses such as attorney fees, litigation fees, notarization fees, etc.).
5.5 You agree to grant us and its affiliates and controlling companies the free, permanent, irrevocable, non-exclusive and fully sublicensable rights and licenses worldwide for all the information content you publish on this APP to use, copy, modify, adapt, publish, translate, create derivative works based on, disseminate, perform and display such information content (in whole or in part), and/or incorporate such information content into any other form of work, media or technology currently known or developed later. You hereby confirm and agree that the grant of the above rights includes the right and license to use and otherwise develop the content in any publicity, promotion, advertising and/or related marketing related to us and/or this APP. For the avoidance of doubt, you agree that the authorization of the above rights includes the permission to use, copy, display and disseminate personal images, portraits, names, trademarks, service marks, brands, names, logos, company marks and other materials and materials that you own or are licensed to use and embed in the information content.
5.6 Copyright Complaints and Dispute Resolution. This App respects the intellectual property rights of others. This App will promptly handle and investigate notices of suspected infringement, and will take appropriate action against any suspected or actual infringement in accordance with relevant laws and regulations. If a user believes that certain content in this App infringes upon his or her copyright or intellectual property rights, the user should submit a written notice to the Company through the copyright complaint procedure provided by this App ( the notice must include the name/name, contact information and address, the name and page of the infringing content, proof of ownership and proof of infringement, etc.), and the Company will take necessary actions in accordance with relevant laws and regulations and actual circumstances. You should ensure that the content you provide is legal and valid, and you shall bear any liability for any loss caused by the content you provide. The copyright complaint email address is [ upload@morewatch.com ] .
6. Indemnification
6.1 You indemnify us from any claims brought against us by other users or any third party (including public authorities, hereinafter referred to as "third parties") arising from your breach of this Agreement and our Privacy Policy. You shall bear all reasonable costs, including reasonable legal defense costs, arising from your breach of the rights of other users or third parties. All our other rights and claims for damages remain unaffected.
6.2 You understand and agree that, except for the liability expressly provided by laws and regulations, we shall not bear any direct or indirect compensation for the loss of profits, business reputation, data or other tangible or intangible losses caused by the following reasons :
1) Regarding the use or inability to use our services;
2) Any products, information or services purchased or obtained through our services;
3) Unauthorized use or modification of user information; and other matters related to our services.
6.3 Unless otherwise expressly provided by law, in any case, the maximum amount of our liability to you for losses is the service fee you have paid to us for the month in which you suffered losses or we breached the contract . To the maximum extent permitted by law, these limitations and terms apply to any matter or claim related to this Agreement.
6.4 You will be solely responsible for any consequences resulting from your personal mistakes, errors or improper operations, and we will not provide any compensation or reimbursement .
6.5 Regardless of the reason for the termination of the product and service, you should take appropriate measures to deal with the virtual items in the product. You may not require us to bear any form of compensation or compensation liability other than the virtual currency you have purchased but not used due to the termination of the service, including but not limited to compensation for no longer being able to use the account, virtual items, etc.
7. Limitation and Exclusion of Liability
7.1 You understand and agree that this service, like most Internet services, is affected by differences in factors including but not limited to your reasons, network service quality, social environment, etc., and may be affected by various security issues. You acknowledge and agree that due to force majeure, mobile communication terminal viruses or hacker attacks , system instability, user physical location, telephone shutdown and other technical, telecommunications lines and other reasons, this application may have potential risks such as service interruption and inability to respond to user requests. Except for the liability clearly stipulated by laws and regulations, you shall bear all responsibility for any losses caused to you or others due to the reasons stated in this paragraph, and we shall not be liable for this. You should strengthen your awareness of information security and data protection to avoid losses.
7.2 You understand and agree that, except for the responsibilities expressly stipulated by laws and regulations, you shall bear all risks, responsibilities and consequences of your use of the Service and any content obtained through the Service (including but not limited to the risks and consequences of infringement by a third party, infringement of a third party, or any damage to your various devices, operating systems or data loss caused by downloading any materials through the Service) and we shall not be liable for them.
7.3 In view of business development and adjustments, we reserve the right to modify or terminate the service at any time without prior notice to users.
7.4 Any service or derivative work of the Company that is not officially released or authorized by the Company is illegal. Users may encounter unexpected risks when downloading, installing and using this application. We do not assume any legal liability arising therefrom.
7.5 As a user of this software, you may submit any materials such as graphics, photos, audio, etc. (collectively referred to as "Content"). You understand that we do not guarantee the confidentiality of such content, whether or not it is published. You understand and agree that we cannot guarantee that you can retrieve or save the published content locally, and we are not responsible for any loss of content.
7.6 You agree that we have other disclaimer rights not listed in this Agreement to the maximum extent of applicable law. Except as expressly provided by laws and regulations, the disclaimer clauses in this Agreement shall apply regardless of whether we have received notice or should have known about the possibility of any loss.
8. Others
8.1 This Agreement is signed in Haizhu District, Guangzhou City, Guangdong Province, People’s Republic of China.
8.2 The interpretation and application of the relevant specifications of the products and services, as well as the rights and obligations between users and the Company's user platform due to the use of the Company's user platform products and services, shall be governed by and interpreted by the laws of the mainland of the People's Republic of China (excluding the Law on the Application of Foreign Civil Law or other similar regulations). For all disputes related to this Agreement, including but not limited to disputes arising from the signing or performance of this Agreement, disputes arising during the performance of this Agreement, and disputes arising from the products and services under this Agreement (including but not limited to contractual or other property rights disputes) , both parties agree to submit them to the Guangzhou Arbitration Commission for written hearing in accordance with the current arbitration rules of the Commission. The arbitration award is final and binding on both parties. You hereby agree and waive all defenses regarding lack of personal jurisdiction and/or inconvenient forum. Based on applicable laws and regulations, both parties confirm that any dispute resolution proceedings, whether in arbitration or court, will be conducted solely on an individual basis, not in class action or representative action.
8.3 If any content of this User Agreement conflicts with the law, the legal provisions shall prevail, and the Company's user platform will reinterpret or modify the relevant terms, while the rest of this User Agreement will remain legally binding on the user. If any term in this Agreement is invalid or unenforceable for any reason, the remaining terms of this Agreement shall remain valid and legally binding.
8.4 The User may not assign or transfer the rights granted by these Terms, or assign the specified responsibilities and obligations to another person, without the written authorization of the other party .
8.5 You understand and agree that we have the right to independently determine our business strategy and transfer all rights and obligations under this Agreement to our affiliates or other legal entities based on business adjustments. We do not need to obtain your prior consent, but we will try to notify you in a reasonable manner. You may not transfer any of your rights or obligations under these Terms to any third party without our prior written consent.
8.6 We reserve the right of final interpretation of these terms.
9.7 If you have any comments or suggestions regarding the Service or all or any part of this Agreement, please contact us via the following methods: Customer Service Email: [upload@morewatch.com ].