This Agreement is a valid contract entered into by and between www.felink.com and the user of Dorado Genius for Android, InWallpaper, PixelPhone Dialer & Contacts (PixelPhone Pro),Ringtone and Song Maker, Share U, 91 Launcher,Dorado Clean, Hindu Weather Calendar, Felink Shine, Dtube (HD Video Box) (including but not limited to individual, entity and so on) (hereinafter referred to as the "Users") with respect to the users services and other relative services.
I. Description of services and instructions for using
Take “Dorado Genius for Android” for example:
1. Dorado Genius for Android services: with Dorado Genius for Android, the User can perform data backup and migration, and file transmission and sharing, browse information, browse download and uninstall applications recommended by the platform and manage the applications installed.
2. To use Dorado Genius for Android services, the User needs to download Dorado Genius for Android software. Felink hereby provides the User a free-of-charge and non-transferable authorization to download and use Dorado Genius for Android software as per the provisions of this Agreement. Other rights and interests not explicitly authorized shall still belong to Felink.
3. The User may download Dorado Genius for Android software from Dorado Genius for Android official website or any third party website authorized by Felink. For Dorado Genius for Android software downloaded from any third party website unauthorized by Felink, Dorado Genius for Android will not guarantee the normal use of such software and not be liable for any loss caused by the use of such software by the User.
4. The User acknowledges that Dorado Genius for Android only provides related network services hereunder, and that the User itself shall configure the device (such as PC, mobile phone and other device to be connected to Internet or mobile network) for the use of such network services and be responsible for the charges necessary (such as phone bill and Internet access rate for connecting to the Internet and mobile phone bill for using mobile network).
5. The User shall not misuse Dorado Genius for Android services. Felink hereby call you to bear in mind that for any instant message or e-mail accessed, stored, browsed, visited or transmitted with Dorado Genius for Android services, or information, data, text, software, music, audio, pictures, graphs, video, information, user registration data and so on transmitted in other method, no matter publically or privately transmitted, (hereinafter referred to as the "Contents"), only the Contents provider and user shall be responsible for such behaviors as access, browse, visit, transmission, storage and use. Dorado Genius for Android has no control on the contents transmitted via the services hereunder, nor being able to perform full control on the using behaviors of the User, and therefore, cannot guarantee the legality, accuracy, completeness, authenticity or quality of the Contents; the User hereby acknowledges that the User has known he/she may come into contact with unpleasant or improper contents during the use of the services hereunder and agrees to make judgment by itself and be responsible for all risks arising therefrom, instead of depending on Dorado Genius for Android.
6. If the behaviors of the User with respect to the use of Dorado Genius for Android services are not in line with the provisions of this Agreement, Felink has the right to make its independent judgment upon the finding of such behaviors by notification, report from other party and other method, and has the right to terminate part or all services provided to the User promptly without prior notice to such User. Where the User spreads or disseminates reactionary, pornographic information or other information against the national laws and regulations, the system logs of Dorado Genius for Android may constitute the evidence of the User’s violation against laws and regulations; further, the User shall be liable for any damage or loss arising from the claim by any third party due to such behaviors of the User as access to, browsing, visiting and transmitting the Contents in Dorado Genius for Android.
7. Due to the particularity of the services hereunder, the software needs to maintain communication with the server, including push of popular application, software upgrading prompt and so on, and all the settings are to provide better user experience and services to the User.
1. Felink shall reserve the complete and impartible ownership and intellectual property rights to the following items:
A. Dorado Genius for Android services and their all elements, including but not limited to all contents, data, technologies, software, codes, user interface and other related derivative;
B. Any information and feedbacks provided by the User with respect to Dorado Genius for Android services.
2. Without the prior consent of Felink, the above data shall not be directly or indirectly released in any media, or adapted or republished for the purpose of spreading or publishing, or used for any commercial purpose other than the purpose hereunder. The above data or any part of such data shall be only stored in certain devices for private use. Dorado Genius for Android shall not be liable for any legal or economic obligations in any form for the User or any third party for any damage or compensation caused by the above data or arising from the delay of submitting or transmitting all or part of the above data, or incorrectness, error or omission of such data.
3. Any and all rights to any software used by Dorado Genius for Android for providing the network services hereunder (including but not limited to any image, picture, animation, video, audio, music, text, add-in program and help information) belong to the copyright owner of such software, and without the prior permission of the copyright owner, the User shall not perform reverse engineering, decompiling or disassembling, or obtain its original codes in other way, and take any other action suspected of being against such copyrights.
III. Representations and warranties
1. The User represents that he/she may not and is prohibited to directly or indirectly:
A. delete, hide, or change any patent, copyright, trademark or other proprietary notices displayed or contained in Dorado Genius for Android services;
B. interfere with or attempt to interfere with the normal operation of Dorado Genius for Android services or any part or function of Felink website in any way;
C. avoid, try to avoid or claim to be able to avoid any content protection mechanisms or Dorado Genius for Android service data measurement tools;
D. use any registered or unregistered commodity, service mark, company logo, URL, or other signs derived from Felink in writing or graphical format without the prior written consent of Felink.
E. use any sign of Felink in the manner of infringing on, weakening and damaging the rights of the owner of such sign, or establish or claim to establish any obligations or confer any right or authority for the User or any other person in a manner contrary to this Agreement, and unless specified by Felink in writing, the User may not export any user information, and must stop using and delete any user information or other Dorado Genius for Android services within 24 hours after acquiring such information or service;
F. display or otherwise make available any user information to any non-original user without the prior consent of such original user;
G. request, collect, solicit or otherwise obtain from any user the access to Felink account names, passwords or other authentication credentials;
H. automatically log on Felink account for any user by proxy authentication credential；
I. impersonate other user or obtain access to the Dorado Genius for Android services without authorization; or without the explicit consent of other user, have any other person to personally identify such user;
J. Felink shall be entitled to give punishment to the User who violate any of the above representations, including warning, masking from use and even disqualifying the user depending on the severity of such violation; where the violation of the above representations by the User results in losses to Dorado Genius for Android services, Dorado Genius for Android services users or any partner of Felink, the User shall assume all legal liabilities and be liable for compensations arising therefrom.
2. The User warrants that:
A. once having obtained the written authorization of the owner (if any)of the right to the contents uploaded, posted, transmitted or otherwise disseminated via the network service provided by Dorado Genius for Android services, and reached an internal agreement with respect to the distribution of such right with such right owner, he/she has full and complete flawless and exclusive ownership and intellectual property rights to the related contents before submitting and uploading such contents to Dorado Genius for Android service.
B. he/she may not use the network service system for any unlawful purpose; not violate the commercial interests of Felink by using Dorado Genius for Android network services in any form, including but not limited to the release of commercial advertising without the permission of Felink; not conduct any action that may adversely affect the normal operation of the Internet or mobile network by using the network service system of Dorado Genius for Android services.
C. he/she may not use the network service of Dorado Genius for Android services to carry out the following activities:
a) to access computer information network or use the computer information network resources without permission;
b) to delete, modify or increase of the computer information network functions without permission;
c) to delete, modify or increase data and applications stored, processed or transmitted in the computer information network without permission;
d) to intentionally generate and spread computer viruses and other destructive programs;
e)to use Dorado Genius for Android service to upload, download, store, post, transmit the following information or content:
1. political propaganda and/or news information violating national regulations;
2. information involving state secrets and/or security;
3. feudal superstition and/or obscene, pornographic, indecent information or information abetting committing crime;
4. information against national ethnic and religion policies;
5. information against the legitimate rights and interests of others and/or other information or the content detrimental to social order, social security and public morality;
f) Other conducts that impair computer information network security and laws and regulations, departmental rules or national policies.
g) The User shall indemnifies, hold harmless and defend Felink and its cooperative units against any complaint, report, interpellation, claim or litigation or any reputation or property loss against Felink and its cooperative units due to that the use by the User of network services provided by Dorado Genius for Android services to upload, post, transmit or otherwise disseminate the contents violates the legal rights of a third party(including but not limited to patents, trademarks, copyrights and neighboring rights of copyright, portrait rights, privacy and reputation).At the same time the User shall be liable for all the direct and indirect economic losses suffered by Felink and its cooperative units.
IV. Privacy protection
Felink has full respect for the protection of user information. The privacy statement of Felink demonstrates how Felink use and protect your user information while the User is using the services provided by Felink. The User agrees and accepts that Felink can use and protect the user information in accordance with such policy.
V. Disclaimer for search engine service
1. Felink shall not be responsible for the legality of and assumes no liability for any third-party webpage searched and linked by using Dorado Genius for Android which is produced or provided by other parties and from which the User may get other services.
2. Search results are automatically generated by Felink based on key words you choose or type, but it never indicates that Felink is in favor of the content or point of view shown in the third-party webpage searched and linked.
3. The User shall use the results generated by search engine at his/her own risk. Felink makes none of the following warranties in any form: search results will absolutely meet your requirements; search service will be uninterrupted; and the security, accuracy, timeliness and legitimacy of search results. Felink will bear any legal responsibility for the unavailability of Dorado Genius for Android for any reason including network conditions, communication line failure and third-party site problem.
4. Where any unit or individual believes that the contents shown in any third party webpage linked through the search by Dorado Genius for Android may be suspected of infringing on their information network dissemination right, such unit or individual shall give written notice of right to Felink promptly together with proof of identity, ownership certificate and detailed Infringement proof. Felink, upon receiving the above legal documents, will disconnect related links as soon as practical according to the law.
VI. Special instructions
1. Given the special nature of network services, the User acknowledges that Dorado Genius for Android services reserve the right to change, suspend or terminate part or all of its network services. Where the network services such changed, suspended or terminated are free of charge, Dorado Genius for Android services may make such change, suspension or termination without informing the User and assumes no liability to any user or any third party.
2. The User understands that Dorado Genius for Android services require reconditioning or maintenance on a regular or irregular basis to network services platform or related equipment. Where there is any interruption of the charged network service as a result of such circumstances, Dorado Genius for Android services do not need to bear any responsibility for this, but shall give prior announcement as much as practical.
3. Dorado Genius for Android services may change the services or delete some features at any time for whatever reason, or cancel or terminate services to the User at any time without any reason or prior notice to the User. Once the service canceled, the right of the User of using the services will be immediately terminated, and any information of the Users stored on Dorado Genius for Android may not be recoverable.
4. Dorado Genius for Android services do not guarantee (including but not limited to) that:
A. The services will meet the User's requirements;
B. The services will not be interrupted but being provided in timely, secure, and reliable way or without an error; and any product, service or other materials obtained by the User through the services meet the User’s expectations;
C. Dorado Genius for Android services will bear any risk related to the using of any information obtained through the services or all the responsibilities arising from the damage to the User's computer system or data loss caused by such use; rather the User shall assume all such risks and responsibilities.
5. For the following reasons, Felink shall not be liable for any indirect, consequential, exemplary, incidental or special damage caused by the following reasons, including profit loss the User suffers due to the use of Dorado Genius for Android services:
A. use of or inability to use the services;
B. buying or acquiring any product information or service through Dorado Genius for Android services;
C. unauthorized use or modification of user information; and other matters related to Dorado Genius for Android services.
6. The User shall be liable for any dispute or loss caused by authorizing any third party (including third-party applications) to access/use the services, and hold Felink harmless therefrom.
1. The execution, implementation and interpretation of this Agreement and the settlement of any dispute arising out therefrom shall be governed by Chinese laws and subject to the jurisdiction of Chinese courts. Any dispute arising out with respect to the content or the implementation of this Agreement both sides shall be settled through amiable negotiation; if it fails, either party may bring a lawsuit to the people's court in the place where Felink is located.
2. This Agreement constitutes the entire agreement between the parties hereof with respect to the subject matter hereunder and other related matters, and except what the Agreement specifies, this Agreement does not give the parties any other rights.
3. If any provision of this Agreement becomes wholly or partially invalid or unenforceable for whatever reason, the remaining provisions of this Agreement shall remain valid and binding.