Application Agreement on Meipai Open Platform

Special prompt: This Agreement is an effective contract concluded between Meipai Networks and Meipai Open Platform Partner (hereinafter referred to as "you" or "APP access provider") regarding matters relating to application of Meipa Open Platform. Please carefully read all its contents (especially those in bold) before accepting this Agreement. In the event that you do not agree with any content under this Agreement, or cannot accurately understand the interpretation of articles made by Meipai Open Platform, please do not proceed with the operation. You shall understand and agree with the following items before reading the text:

(1) As a neutral platform service provider, Meipai Open Platform only provides an open interface and other neutral technologies.

(2) The APP access provider shall be at its discretion responsible for developing, editing, repairing, processing, operating and maintaining the accessed APP and its expenses and Meipai Networks does not take part in any R&D and operation activities of APP access provider.

(3) The APP access provider shall strictly comply with all requirements herein and those of laws and policies while applying the services of Meipai Open Platform. The APP access provider shall at its discretion assume the losses upon itself, Meipai Networks or other third parties resulting from its improper application and compensate all losses. In addition, Meipai Networks may also unilaterally suspend or terminate its cooperation with the APP access provider at any time in accordance with its judgment and the APP access provider shall at its discretion assume the loss caused thereof.

I.Definitions

1.1  Meipai Open Platform: Meipai Open Platform is a platform which has a large number quantity of users and high transmission capacity based on the powerful platform nature of Meipai, accesses to the partner's third party services and provides the user with rich APPs and excellent services.

1.2  APP access provider: The APP access provider (hereinafter referred to as "you") means the individual, legal person or other organization with capacity for civil conducts, who makes an effective application, obtains consent from Xiamen Meipai Networks Technology Co., Ltd. (hereinafter referred to as "Meipai Networks"), accesses to the APP or website developed or possessed by it on Meipai Open Platform and provides the user with services.

1.3  Platform data: They mean the data which are submitted by the user through Meipai Open Platform or generated by visiting Meipai Open Platform and those which are generated when the APP access provider uses Meipai Open Platform. The ownership of "platform data" and associated rights generated thereof are reserved by Meipai Networks, which are also its important business secrets.

II.Rights and Obligations of APP Access Provider

2.1  Account registration:

Before using Meipai Open Platform, you must register an open platform account by logging in the website of Meipai Open Platform or in other ways designated by Meitu. This account is evidence that you access to Meipai Open Platform and please properly keep your account and password after registering the account. When registering the account of Meipai Open Platform, please truly and completely fill in the associated registration information in accordance with the registration prompt and timely update such registration information to ensure that such registration information is in the true and valid state from the date on which the account is registered to the date of its cancellation and shall not infringe against the legal rights and interests of other third parties. The consequences resulting from incorrect, false, illegal or misused registration information by others that you fill in shall be undertaken by the user, no matter whether it is open.

2.2  Application requirements

2.2.1  You must promise to undertake the responsibility to protect the user's privacy with Meipai Open Platform and Meipai Networks. Your collection and application of the user's personal information must be duly authorized by the user and only the user's data which are required to operate the APP and achieve its functions shall be collected. Meanwhile, you shall inform the user of the purpose, scope and mode of application of the associated data collection. Without consent from the user, you shall not at your discretion apply or allow any third party to apply the user's personal information.

2.2.2  The APP you access to Meipai Open Platform shall provide the user with the necessary product information and user manual as well as continuous update of the APP and ensure that this APP may safely and stably run on the development platform. Your APP or service provides the server environment via Meipai Networks and you shall at your discretion undertake all expenses caused thereof (including but without limitation to server and broadband costs).

2.2.3  During the period to access to Meipai Open Platform of your APP, you shall guarantee to provide the continuous customer services and undertake the customer service costs accordingly.

2.2.4  When applying Meipai Open Platform, you shall strictly comply with all requirements of laws and policies applicable to this Agreement, including but not limited to exclude the security information, insecure information, junk marketing information, obscene and pornographic information, fraudulent information and unfair competition information in the access APP which does harm to the State and society. Losses upon the user, Meitu or other third parties resulting from improper application of Meipai Open Platform by the user shall be undertaken by the APP access provider.

2.2.5  Without prior authorization by Meipai Networks, you shall not sell or transfer such associated technologies as code, API or development tools of Meipai Open Platform to any third party.

2.2.6  As required during actual operation of Meipai Open Platform, Meipai Networks may request you to additionally add or modify the application characteristics or take part in the operation activity and you are obliged to coordinate Meipai Networks and have no rights to request it to pay any expenses.

2.3  Infringement claims:

The APP or service that you access will be used by the user. During this process, you shall at your discretion make claims against the user or third party, provided that you think that it infringes against your legal rights and interests resulting from the mode of application of APP or service that you access to and Meitu shall not shoulder any liability.

2.4  The APP access provider represents and warranties that the APP which is developed or released on Meipai Open Platform complies with the following requirements:

2.4.1  True, legal, accurate and complete, without any obscene, pornographic, immoral, fraudulent, slanderous (including commercial slander), illegal threatening or illegal harassing contents;

2.4.2  Will not infringe against the legal rights or interests of any third party, including but not limited to the intellectual property rights of the third party, etc.;

2.4.3  Will not violate any laws, regulations, ordinances or rules and regulations (including but without limitation to the laws, regulations, ordinances or rules and regulations standardizing the Internet website, Internet information and unfair competition) or release commodities or services which are prohibited by any laws, regulations, ordinances or rules and regulations

2.4.4  Will exclude any type of vicious computer program or virus; will not disturb or try to disturb the normal operation of the open platform, APP of other service providers or any of its parts or functions in any manner;

2.4.5  Shall not publicly express or imply shareholding or sponsorship between Meitu and you or recognize the APP of APP access provider;

2.4.6  Shall not modify, delete or hide any patent, copyright, trademark or other right and interest statements included and displayed by Meipai Networks and Meipai Open Platform;

2.4.7  Shall not request, collect or ask for the user's account, friend list data, password or any other identity verification proof and user's personal information in any manner;


In the event that you violate the above-mentioned articles, Meipai Networks will punish you by deleting the breach/ illegal information, warning, restricting your service or terminating your service in accordance with the seriousness of the case. You shall compensate all losses upon the user, Meipai Networks and any of its partners and related enterprises resulting from breach of above-mentioned articles.

2.5  Platform data:

2.5.1  You agree that all rights of the platform application data (including but without limitation to the user's registration information, number of broadcasts, number of comments and number of interface calls) included in Meipai Open Platform are reserved by Meitu. The APP access provider undertakes not to at its discretion save, collect, apply or authorize others to apply the above-mentioned platform data without prior written approval by Meitu.

2.5.2  In the event that Meipai Networks thinks that the way in which you collect or apply the platform data affects the user's experience or infringes against its business secret, Meipai Networks is entitled to prevent or request you to delete the associated data and you shall not collect the platform data in such way.

2.5.3  You shall not apply the data of Meipai Open Platform for advertising to the user.

2.5.4  Once you stop applying the services under this Agreement, you must return or completely delete the data (including various backups) acquired from Meipai Open Platform and shall not apply or allow the third party to apply them in any manner.

III.Rights and Obligations of Meipai Open Platform

3.1  Qualification review

3.3.1  Meipai Networks is entitled to review and select the APP provided by the APP access provider and analyze and apply your APP or services for any purposes and Meipai Networks reserves the right to at its discretion determine to refuse the product or service to join Meipai Open Platform.

3.3.2  You must be liable for the authenticity, legality and validity of the certification materials of the APP access provider filled and submitted and your associated legal qualification to apply this service, access to and operate the APP or provide the associated services is reviewed and approved by the associated government agency; such information as qualification materials of the entity, associated qualification or certificate and any other documents that you provide is true, accurate and complete and is updated timely after the information is changed; you have the capacity to fulfill the obligations under this Agreement and perform various conducts; your performance of associated obligations and associated behaviors do not violate any legal documents which are binding upon you. Otherwise, Meipai Networks is entitled to refuse or terminate to provide the services and perform punishment for the illegal account in accordance with this Agreement. Moreover, you shall not continue to apply the associated services provided by Meitu and independently undertake all liabilities and all losses upon the third party and Meitu caused thereof.

3.3.3  The contents of Meitu to perform the qualification certification of the APP access provider are only limited to the formal review for the materials and information that you submit, which shall not be deemed to provide any warranty or undertake any liability for your actual operation. You shall at your discretion undertake the responsibility for the disputes arising from the third party due to your behaviors and you shall be responsible for compensating in case of damage to Meitu or other third parties.

3.2  Reservation of rights of Meipai Networks

3.2.1  Meipai Networks is entitled to develop and apply the APP or service which is similar to or has competitive relation with your APP or service and Meipai Networks does not guarantee that there will not be other APPs or services which are similar to or have competitive relation with your APP or service on Meipai Open Platform.

3.2.2  Before your APP or service is accessed to, Meipai Networks is entitled to request you to rename your APP or service on Meipai Open Platform to distinguish it from its name on other platforms.

3.2.3  Unless Meipai Networks has the separate statements or the associated obligee has the due rights in accordance with the applicable laws and policies, Meipai Networks will be completely protected by the applicable laws and policies of this Agreement and applicable international treaties during your application of Meipai Open Platform. All rights which are not expressly authorized to you for exercise by this Agreement will be reserved by Meipai Networks. Without written authorization from Meipai Networks or associated obligee, no person shall apply them in any form. Meipai Networks shall be entitled to claim against other exemptions enjoyed by it, which are allowed by the applicable laws and policies of this Agreement and applicable international treaties, unless Meipai Networks makes special statement to waive them.

IV.Exemptions

4.1  You agree and understand that Meipai Networks is entitled to change or interrupt the network services in part or in whole at any time in accordance with its judgment in view of the particularity of network services and regular/ irregular overhaul of the platform or associated equipment and there are risks to delete any materials that you provide and Meipai Networks will not undertake any responsibilities. Therefore, Meipai Networks suggests you taking the legal method to save your required information and contents.

4.2  In case of service interruption and loss upon the developer resulting from one of cases as follows, Meipai Networks will not undertake the responsibilities:

4.2.1  In case of force majeure;

4.2.2  Hacker attack or computer virus invasion or outbreak;

4.2.3  The computer system is damaged or paralyzed or cannot work normally;

4.2.4  Technical adjustment of the telecommunication department;

4.2.5  emporary closing resulting from governmental regulations;

4.2.6  Others resulting from fault of Meipai Networks;

V.Others

5.1  About Meipai Networks

When it concerns (and only when it concerns) the rights available to Meipai Networks pursuant to this Agreement, the "Meipai Networks" referenced in this Agreement may include but not limited to Xiamen Meipai Networks Technology Co., Ltd. and/or its affiliates and the staff members of Xiamen Meipai Networks Technology Co., Ltd. and/or that of its affiliates. Especially, in the case that the above affiliates and/or their staff members suffer losses due to user's misuse of Makeup Plus, these affiliates and/or their staff members are entitled to claim the corresponding rights against users in accordance to this Agreement.

5.2  Dispute jurisdiction

In view of any dispute arising between you and Meipai Networks, you shall agree to settle the dispute under exclusive jurisdiction of the local People's Court with competent jurisdiction where Meipai Networks is located, provided that the location of Meipai Networks is permitted by applicable laws and policies to act as the only or one of locations of dispute jurisdiction during the dispute occurs. Meanwhile, in the case that Meipai Networks intends to bring a lawsuit against you or other third party on disputes relating to this Agreement or Makeup Plus, Meipai Networks shall have the right to choose the local People's Court with jurisdiction where Meipai Networks is located for exclusive jurisdiction of such disputes.

5.3  Applicable law

Laws and policies of the People's Republic of China (excluding Hong Kong, Macao and Taiwan) shall apply to any matters relating to this Agreement ("applicable laws and policies"). These applicable laws and policies may be in a dynamic change process, therefore it shall not constitute a basis for natural invalidity or termination of enforceability of all or any clause of this Agreement in case the rights and interests of yourself and/or Meipai Networks under this Agreement increase or decrease due to changes of applicable laws and policies, unless the above changed applicable laws and policies belong to effective and mandatory provisions.

5.4  Contact Meitu

For any questions regarding this Agreement or feedback information (including suggestion, complaint and report, etc.) for Meipai Networks during application of Meitu Open Platform, please contact Meipai Networks immediately without any hesitation. Contact information: E-mail: sky@meitu.com.