NEEWER Studio User Agreement
Updated : June 10 , 2021
Introduction:
（1）[Read Carefully] Before you click to agree to this Agreement, please carefully read and fully understand all terms, especially those regarding exemptions or limitations of liability, governing law, and dispute resolution. Terms regarding exemptions or limitations of liability are highlighted in bold and should be read carefully. If you have any questions about this Agreement, please contact Neewer Customer Service.
（2）[ Signing Process ] By following the on-screen instructions and completing the steps, you have fully read, understood, and accepted the entire contents of this Agreement. If you disagree with this Agreement or any of its terms during reading, you should immediately stop the signing process.
1. about Us
" NEWER Studio " application and related technologies and functions (collectively, the "Service") are operated by Shenzhen Newer Technology Co., Ltd. "You" and "User" in this Agreement (as defined below) refer to any individual who uses and/or accesses the Service.
2. Purpose of the Agreement
This User Agreement, the Notices and Terms , and other policies and information posted or available on the Service (collectively, the "Agreement") constitute the terms and conditions under which we provide you with access to and use of the Service. Through this Agreement, you will understand how NEEWER Studio provides the Service, NEEWER Studio 's expectations of users of the Service, permitted and prohibited activities within the Service and related services, solutions to problems, and other important information.
3. Acceptance of this Agreement
Please read this Agreement carefully. By accessing or using this Service, you are deemed to have entered into a legally binding agreement with NEEWER Studio and agree to accept this Agreement. If you violate any of this Agreement, NEEWER Studio reserves the right to unilaterally restrict, suspend, or terminate the provision of services to you at any time, depending on the circumstances of your violation, and to hold you accountable. If you do not accept and agree to this Agreement, please do not access or use this Service. If you have any questions about this Agreement or other policies and information published or provided on this Service, please contact us using the contact information below.
This Agreement is signed between you and Shenzhen Neewer Technology Co., Ltd. (hereinafter referred to as " Neewer ") . It includes, but is not limited to, the Neewer Privacy Policy. Neewer reminds you that this Agreement is subject to change from time to time as the product evolves. Any changes will be prominently posted on the product or on related pages to clearly inform users . If you disagree with any changes, you have the right to withdraw from the program at any time. Your failure to withdraw constitutes acceptance of the changes. Your continued use of the program constitutes your agreement to abide by and accept the revised rules.
4. Eligibility
You must be at least 18 years of age to access and use this service. If you are under 18 and wish to use this service, your legal guardian must review this Agreement with you and obtain their consent. We also recommend that your legal guardian supervise and guide your use of this application.
You are responsible for complying with the relevant laws and regulations in the jurisdiction where you reside and when you access or use the Service.
5. This Service
Neewer provides this service as a smart device management service. You can control your smart terminal devices to interact with Neewer products . This service includes smart device control, device management, and scene interaction. These functional services may be optimized or modified based on changes in user needs or at the sole discretion of the service provider. Services may also be temporarily suspended for scheduled or irregular maintenance.
6. Account Security
You should keep your NEEWER Studio account username and password (hereinafter referred to as "Account Information") confidential and should not share such information with anyone. We recommend that you choose a strong password and keep it confidential. You are responsible for maintaining the security of your password. If you provide your account and transaction details to a third party, you will be solely responsible for any losses and liabilities arising therefrom.
7. Service Scope
8.1 Neewer grants you a right to use this product in relation to this software.
8.2 You may not license, sell, lease, transfer, distribute or make any other commercial use of this product.
8.3 Due to software compatibility platform and terminal limitations, you may only use the Licensed Software on authorized system platforms and terminals. If you install the Licensed Software on other terminal devices, it may damage your hardware or software functions .
8.4 You understand that the Licensed Software may only be used for non-commercial purposes and may not be installed, used, or run for commercial purposes. If you need to do so, you must obtain Neewer 's written authorization and permission in advance.
8.5 Neewer may change, upgrade, or transfer the Licensed Software and its related functions from time to time, and may add new functions or services to the Licensed Software system. If the above new functions or services do not have independent agreements, you may still obtain authorization for the corresponding functions and services, and this Agreement will apply .
8.6 You are responsible for the accuracy, reliability, completeness and legality of the input data and the legality of the method by which you obtain the data, and should regularly back up data and information. You bear all risks of damage or loss of such information.
8.7 You should keep your account and password safe. If you discover any security risks in your account (including but not limited to password leakage), you should promptly notify Neewer and Neewer will assist you in taking relevant measures. Otherwise, you are responsible for all actions under your account and will bear all liability.
8. third party
8.1 You are aware that some of Neewer 's services may be obtained through the use of software or services provided by a third party. Such services are provided to provide you with convenience and are legally authorized by the third party.
8.2 This product contains some third-party information and services. Neewer does not control and is not responsible for third-party information and services.
8.3 You understand that Neewer cannot guarantee that the licensed software will permanently use or include such services, nor can it guarantee whether it will continue to use other software provided by the same third party in the future. It may also use similar services from other third parties. Once the above-mentioned corresponding software or services are enabled, this agreement shall also apply.
9. Usage Rules
9.1 You should use this service in a standardized manner . Unless expressly provided in this Agreement or permitted by applicable law, you agree and promise not to engage in any of the following activities: 1) Publish or share computer viruses, worms, malicious codes, or software that intentionally damages or changes computer systems or data; 2) Collect information or data of other users, such as email addresses, without authorization; 3) Use this product maliciously in an automated manner to impose an excessive burden on the server or otherwise interfere with or damage the website server and network links; 4) Attempt to access the server data or communication data of this product without authorization; 5) Interfere with or disrupt the use of this product by other users.
9.2 You understand and agree that: 1) Neewer will determine whether you are suspected of violating the above Terms of Use and, based on the determination, may suspend or terminate your license or take other restrictive measures as may be required under the Agreement. 2) Neewer will directly delete any information you post while using the Licensed Software that is suspected of being illegal, infringing upon the legal rights of others, or in violation of this Agreement. 3) If your violation of the above Terms of Use causes damage to any third party, you will be solely responsible for any legal liability in your own name and will indemnify Neewer from any resulting losses or increased costs. Otherwise, Neewer will have the right to seek compensation from you. 4) If you violate relevant laws or the provisions of this Agreement, causing any losses to Neewer , you will compensate Neewer for any resulting losses and/or expenses.
10. Information Content Rules
You promise and agree to access and use the Service in a legal and ethical manner in accordance with this Agreement. You understand and agree that you may not use the Service to transmit any information of the following nature, or otherwise engage in any activities of the following nature:
10.1 Uploading, transmitting or sharing information containing any of the following content: 1) Opposing the basic principles established by the Constitution; 2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity; 3) Damaging national honor and interests; 4) Inciting ethnic hatred, ethnic discrimination, or undermining national unity; 5) Undermining the state's religious policies, promoting cults and feudal superstitions; 6) Spreading rumors, disrupting social order, and undermining social stability; 7) Spreading obscenity, pornography, gambling, violence, murder, terror, or instigating crimes; 8) Insulting or defaming others, or infringing upon the legitimate rights of others; 9) Containing content that is false, fraudulent, harmful, coercive, intrusive on others' privacy, harassing, infringing, slanderous, vulgar, obscene, or otherwise morally objectionable; 10) Containing other content restricted or prohibited by applicable laws, regulations, rules, ordinances, and any other legally binding norms.
11. Privacy Policy and Data
Protecting your personal information is important to Neewer. We have developed the Neewer App Privacy Policy, which provides important disclosures about how we collect, use, share, store, and protect your information. We recommend that you read the Neewer App Privacy Policy in its entirety.
12. Disclaimer
12.1 Except as otherwise expressly provided by laws and regulations, Neewer will make every effort to ensure that the Licensed Software and the technologies and information involved therein are safe, effective, accurate and reliable. However, due to limitations of existing technology, Neewer cannot provide any guarantees in this regard.
12.2 You understand that Neewer cannot be held liable for your direct or indirect losses caused by force majeure and third-party reasons.
12.3 You shall be solely responsible for any personal injury, incidental or consequential damages arising out of or in connection with any of the following: 1) Unauthorized use of the Licensed Software or modification of your data by a third party; 2) Expenses and losses arising from the use of the Licensed Software; 3) Your misunderstanding of the Licensed Software; 4) Other losses related to the Licensed Software that are not caused by Neewer.
12.4 Any software derived from the Licensed Software that is not developed and officially released by Neewer or authorized by Neewer is illegal. Downloading, installing, and using such software may lead to unpredictable risks. Neewer has no responsibility for any legal liability or disputes arising therefrom. Neewer reserves the right to suspend or terminate the use license and/or all other services.
12.5 You acknowledge that the use of the Neewer Platform involves internet services and may be affected by various unstable factors. Despite Neewer's security measures, the Service may be suspended, interrupted, delayed, restricted, or unavailable due to inherent defects in the Internet and electronic communications, as well as events beyond the reasonable control of either party to this Agreement (including but not limited to fire, flood, terrorist attack, plague, natural disaster, riot, terminal virus, hacker attack, network failure, terminal failure). You hereby specifically assume the above risks and agree that Neewer shall not be liable to you for any actual occurrence of the above risk events that affect the normal operation of the Service.
13. Termination of Agreement and Liability for Breach of Contract
13.1 You understand that use of Neewer services requires you to use the licensed software within the authorized scope, respect the intellectual property rights of the software and its content, use the software in accordance with the regulations, and fulfill your obligations as set forth in this Agreement. Neewer will terminate your license if you materially breach this Agreement.
13.2 Your use of the software depends on the supporting services provided by Neewer's affiliates. If you violate the terms, agreements, rules, notices, and other related provisions of Neewer and its affiliates, you may be unable to use the licensed software normally, and Neewer reserves the right to terminate your license or take restrictive measures on your license and other rights and interests under Neewer's control in the manner agreed in the agreement, including suspending or terminating your license.
13.3 If you violate this Agreement or other agreements signed with Neewer, Neewer may notify Neewer's affiliated companies and require them to take restrictive measures on your rights and interests, including requiring the affiliated companies to suspend or terminate the provision of part or all services to you and to publicize your breach of contract on the website they operate or actually control in accordance with the law.
13.4 You download the Licensed Software from the download platform. You must comply with the agreements and restrictions on your use of the Licensed Software set forth by the download platform, system platform, and terminal manufacturer. If the aforementioned third party confirms that you have violated such agreement and requires Neewer's processing, Neewer may terminate your license upon the request of the third party.
13.5 Upon termination of this License, you shall cease all use of the Licensed Software and destroy all copies thereof.
13.6 If you violate the terms of this Agreement and cause losses to Neewer or other users, you must bear all liability for compensation.
14. Governing Law and Severability
14.1 The validity, interpretation, amendment, execution and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. In the absence of relevant legal provisions, reference shall be made to general international business practices and/or industry practices.
14.2 The parties agree that this Agreement is signed in Luohu District, Shenzhen City, Guangdong Province. Any disputes arising between the parties during the performance of this Agreement shall be resolved through negotiation. If negotiation fails, the parties shall, and only shall, resort to litigation in the People's Court with jurisdiction over the place where this Agreement is signed.
14.3 When any clause of this Agreement is ruled invalid by a People's Court with jurisdiction over the Agreement, it shall not affect the validity of other clauses or any part thereof, and you and Neewer shall still perform in good faith.