Focodesign User’s Service Protocol

Welcome to use Focodesign platform and service!

Please read prudently and fully understand the clauses, especially the clauses exemption from or limitation with relevant liabilities, as well as the ones related to your major rights and interests so that you may use Focodesign platform and its service in a better way. These important clauses may be highlighted with black for your further attention. After you have registered, logged in the software, that means you have completely read and voluntarily accepted all the clauses in the protocol, including the revision made by Focodesign at any time and becoming the user of Focodesign. The protocol has legal effectiveness between you and Focodesign and becomes the legal file with finding force for both parties.

I.Service explanation

1.Service subject: the service is provided by Focodesign and “Focodesign” in the protocol may be referred to the mobile terminal of Focodesign or the technical service related to Focodesign software products.

2.Service content: Focodesign is a kind of platform with multiple scenes and multiple tools which provides you with the production tools including but not limited to various pictures, posters, videos, photoshop, picture puzzle,picture tag and so on.

3.Service platform: the software or service provided by Focodesign includes but not limited to multiple versions of Ios, Android and so on so that you can complete your design any time and anywhere you want. Moreover, Focodesign will also make constant update and improvement to meet your increasing demands.

4.Scope of service permission:

(1) Focodesign endows a non-exclusive, non-franchised, non-transferable and non-transferring licensed authorization for you to use the software.

(2) All the rest rights not clearly authorized in the protocol will still be preserved by Focodesign, so you may have to obtain the written consent of Focodesign before enjoying the rights and interests in this regard. The situation that Focodesign does not enjoy the rights or implement the relevant stipulations within the protocol will not mean its waiver to such rights and interests.

5.Service subject: it refers to the users who register, log in, use Focodesign platform and the relevant service. In the protocol, they are more frequently called “esteemed users”. Note: juveniles under 18 years old shall not use the service or establish an account.

II. About the “account”

(I) Account registering

1.Before using the various services provided by Focodesign, you have to register through the accounts recognized by the third parties (such as Facebook, Google). You will be asked to give consent on our verification and reasonable usage of your personal information since we have to guarantee that the service provided by our platform is safe, effective and updated continuously.

2.The account and password after registering can only be used by yourself properly and the purposes violating the laws, regulations, damaging the rights and interests of other parties, malicious registering in batches, disclosing, lending, giving or transferring to others are not allowed, otherwise, you will be liable for your improper usage.

3.One user is only allowed to register and bind personal information with one account. The same mobile phone number, the third party account meeting any of the conditions will be regarded as the information of one user.

4.You must be completely liable for the authenticity, accuracy and legality of the information provided for registering account and you shall timely update your information. Focodesign has the right to postpone or terminate your account and prohibit you to use all or parts of the service at present or in the future if you have any illegal or immoral behaviors; you have the material not suitable for displaying on Focodesign from its perspective; Focodesign is justified to doubt that your material is related to malicious program or operation.

5.Focodesign will not be liable for any registering material provided by any users, including but not limited to identifying, verifying the authenticity, correctness, integrity, applicability of any registering material and/or whether such material is the latest version or not.

(II) Safety of user’s account

After completing the registering procedure or successfully registering the account, you can use the third-party platform to log in your Focodesign account. Protecting your account safety is something you are liable for. Hereafter, you agree to:

1.You shall be completely liable for all activities of using your password and account, including but not limited to any data modification, payment, picture design and other actions completed in Focodesign. Besides, you shall pay high attention to the confidentiality of your account and password and do not disclose your account and password to others under no circumstances. Please immediately notify Focodesign in case of any unauthorized use of your Focodesign account or any other safety problems.

2. Focodesign is not liable for any loss or damage caused by your failure to keep your account and password.

3. You shall be liable for maintaining the safety and confidentiality of your personal account and password and take all legal responsibilities for the activities that you carry out in the name of the account registered by you. You shall take full responsibilities for any damage to Focodesign or third parties caused by your failure to keep your account and password.

III. User Information Protection and Authorization

1.You acknowledge and agree that in order to facilitate your use of relevant services provided by the platform, the platform will collect, use, store and share your personal information and required information according to this protocol and the Privacy Policy. Unless otherwise stipulated by laws, regulations and Privacy Policy, Focodesign will not obtain, store or disclose your personal information to third parties without your permission.

2.You acknowledge and agree that you need to provide real identity information during the process of registering an account or using this platform. In case of any untrue and incomplete information provided by you, you will be unable to use the platform or be restricted in use, and any resulting adverse consequences shall be assumed by you.

3.In order to protect your personal information from improper use or unauthorized access, use or disclosure, Focodesign will apply various security technology and procedures and establish a perfect management system.

4.Without your consent, Focodesign will not disclose your personal information to any other companies, organizations or individuals except the following circumstances:

(1) It is required by relevant laws and regulations or judicial and administrative organs;

(2) It is transferred for merger, division, acquisition or asset transferring;

(3) It is necessary for providing you with required services;

(4) It can be transferred or disclosed to the third party according to Privacy Policy or other protocol rules.

5. Focodesign attaches great importance to the information protection for minors. Please obtain the consent of your guardian before using Focodesign if you do not have full capacity for civil conduct.

IV. User’s Code of Conduct

(I) Code of Information Content

You must be completely liable for the authenticity and legality of the information content that you post by using Focodesign and services. Prior authorization or approval shall be obtained from the owner of the information content or any authorized third party; you will be deemed to have obtained such prior authorization or approval once you publish a piece of information.

1. The information content stipulated in this clause refers to any content that users produce, download, use, publish or disseminate by using Focodesign, including but not limited to the user’s nickname, avatar, description or texts, pictures, audios and videos generated during the process of using Focodesign

2 You understand and agree that Focodesign has been committed to providing users with a civilized, healthy, standardized and orderly network environment. You are not allowed to produce, copy, post or disseminate any illegal content by using Focodesign, which includes but is not limited to:

(1) Any content jeopardizing national security, divulging state secrets, subverting state political power, undermining national unity, and damaging national pride and interests;

(2) Any content inciting ethnic hatred and discrimination and undermining ethnic unity;

(3)Any content undermining the state's religious policies and promoting heresy and feudal superstition;

(4) Any content spreading rumors, disturbing social order and undermining social stability;

(5) Any content spreading obscenity, pornography, gambling, violence, murder, terror or instigating crime;

(6) Any content insulting or slandering others and infringing the legitimate rights of others;

(7) Any content containing falsehood, fraudulence, harm, coercion, invasion of privacy, harassment, trespass, slander, vulgarity, indecency or morally offence;

(8) Any content infringing the intellectual property rights or legitimate rights of others, such as right of portrait, privacy, personal information, copyright, trademark right and so on;

(9) Any content dispersing commercial advertising or soliciting business, excessive marketing and junk information;

(10) Any content propagating tobaccos, drugs, cosmetic surgery, medical care and other items that are strictly prohibited by Advertising Law;

(11) Any content that is restricted or prohibited by laws, regulations, rules, ordinances and any legally valid norm of your country or any content that Focodesign considers inappropriate for display.

3. You understand and agree that although Focodesign aims to provide you with diversified, various forms and types of video materials, you still need to abide by provisions of law and platform protocols during the experience.

4. If you download videos, pictures and other content from Focodesign platform for advertising purpose, the following conditions are not allowed:

(1) Use or disguised use of the national flag, national anthem, national emblem, army flag, army song or army emblem of any country;

(2) Use or disguised use of the name or image of a state organ or a staff of a state organ;

(3)Use of extreme terms such as “national level”, “the highest-level” and “the best”

(4) Other conditions that laws and regulations are not allowed for advertising.

5. If the template provided by Focodesign includes portraits of people, you must not use the portraits of the template in offensive or any immoral way, such as defamation such as pornography, cosmetic surgery, or other purposes with illegal or immoral content.

6. Without the written permission of Focodesign, you may not register pictures, templates, text, LOGO, etc. on Focodesign as trademarks or apply for design patents. If you have this need, you can contact Focodesign for exclusive customization or obtain special authorization.

7. Focodesign will remind you to standardize the use of the products and services provided by Focodesign by means of pop-up boxes, announcements, text warnings, etc. You must comply with relevant risk warnings. Failure to comply will result in your own losses, and you shall bear corresponding responsibility.

8. You understand and agree that the content provided by Focodesign is limited to your own use, and you must not authorize, transfer, share, rent or sell to third parties; nor use it in the competitive business of Focodesign.

(II) Code of Software Use

You agree to use Focodesign reasonably and legally according to the protocol. Unless otherwise permitted by law or written permission from Focodesign, any picture, video and other content that you watch, share, download, use, disseminate and post through Focodesign are for personal use only, and you are not allowed to transfer the user rights acquired under this protocol for value or for free and carry out the following activities:

1. Log in or use the services by using third-party software, plug-ins, cheating programs, systems and devices that are not provided or approved by Focodesign.

2. Sell, rent, lend, copy, modify, link, reprint, compile, publish the content that Focodesign owns the intellectual property right;

3. Make reverse engineering, reverse assembly, reverse decompilation on the software, or try to find the source code of the software in other ways;

4. Intercept, falsify, collect, store or delete personal information, site mails or other data of others without legal authorization, or use such information for any illegal or improper purposes;

5. Copy, modify, add, delete, hook or create any derivative of the software or the data released into any terminal memory during the operation of the software, the interaction data between the client and the server during the operation of the software, and the system data required by the operation of the software, including but not limited to access the software and related systems by using plug-ins, cheating programs or third-party tools/services not authorized by Focodesign;

6. Add, delete or change the functions or operation effect of the software, or operate or disseminate the software and methods used for the above purposes to the public by modifying or falsifying the instructions and data during the operation of the software, whether these actions are for commercial purposes or not;

7. Log in or use the services by using third-party software, plug-ins, cheating programs, systems and devices that are not provided or approved by Focodesign, or make, post and disseminate the above tools;

8. Interfere with the software and its components, modules and data by himself or by authorizing others and third parties;

9. Interfere with, damage and modify Focodesign or carry out any other activities endangering the network safety by any means (including but not limited to third-party software, plug-ins, cheating programs, systems, devices and so on);

10. Other actions violating laws, regulations, policies or without express authorization of Focodesign;

Except the provisions of the protocol, Focodesign will remind users to use the services provided by Focodesign normatively in various forms on the platform; you acknowledge that Focodesign does not fully control users’ behaviors of use, and agree to make own judgement and assume all risks during the process of using any content, including reliance on the validity, completeness or legality of the foregoing content; Focodesign shall not be liable for any loss or damage to you caused by the foregoing risk within the law. Under any circumstance, if Focodesign reasonably believes that any of your actions violate or may violate the foregoing protocol, Focodesign can independently judge and deal with it and shall be entitled to terminate the provision of services to you without notice and pursue related responsibility. If you are held responsibility by any third party due to the use of the services provided by Focodesign in violation of this protocol, you shall bear full responsibility.

V. Default Processing

1. In case of discovering or receiving complaints that you violate this protocol or have any malicious acts from others, Focodesign shall be entitled to delete or block the relevant content at any time without notice, inflict the punishment including but not limited to warnings, restrictions or prohibitions on the use of all or part of the functions, account closure, cancellation and announce the result of processing. Besides, Focodesign shall be entitled to keep relevant records of acts suspected of violating laws, regulations and illegal criminal activities, report to relevant competent authorities according to law, cooperate with relevant competent authorities in investigation and not return the deleted content.

2. In case of any complaint or lawsuit from a third party due to your violation of this protocol or other clauses and conditions, you shall bear all legal responsibility. If Focodesign makes compensation to any third party or is punished by state organs due to your illegal acts or nonperformance, you shall compensate Focodesign for all losses suffered thereby in full.

3. Focodesign respects and protects the intellectual property rights, right of reputation, right of name, privacy and other legitimate rights of legal people and citizens. You guarantee that the text, video, audio and link that you upload by using Focodesign do not infringe the intellectual property rights, right of reputation, right of name, privacy and other legitimate rights of any third party, otherwise Focodesign is entitled to eliminate the content suspected of violating the law upon receipt of notice from the right owner or related party. You shall bear all legal responsibilities for all claims for right proposed by any third party; you shall compensate for all losses suffered by Focodesign due to your infringement (including but not limited to economic loss and goodwill loss).

VI. Interruption and Termination of Services

1. You understand and agree that Focodesign is entitled to modify or terminate the service (or any part of it) temporarily or permanently at any time with notice or not. You agree on any modification, suspension or termination of services, and Focodesign shall not be liable for you or any third party; you shall properly update, backup and transfer the data.

2. Focodesign shall be entitled to suspend or terminate one or more services according to the actual situation due to your breach of this protocol. In case of serious breach of this protocol, Focodesign will directly terminate your right to use Focodesign.

3. In case of any objection to the content of this protocol or dissatisfaction with the services provided by Focodesign, you may exercise the following rights:

(1) Stop using the account service of Focodesign;

(2) Cancel your account by yourself or notify Focodesign to cancel your account. The cancellation of your account will result in the deletion of your personal information, favorite records and design details on Focodesign, and the termination of your rights and obligations (Any of your compensation obligation will be terminated). Focodesign shall not be liable for the transfer of any unprocessed information or incomplete services to you.

VII. Products and Services of Third Party

1. During the process of using the products or services provided by a third party in the software, you shall abide by the user protocol of the third party and the provisions of this protocol. Any dispute arising from your use of the products or services provided by a third party shall be settled by you and the third party, and Focodesign assumes no liability.

2. During the process of using the products or services provided by a third party in the software, the software may call the third-party system or support users' use or access through the third party, and the results of use or access shall be provided by the third party. Focodesign does not guarantee the security, accuracy, validity or other uncertain risks of the services and content provided through the third party and shall not be liable for any dispute or damage arising therefrom.

VIII. Advertising

1. Focodesign may include advertising, which is a reasonable and lawful business model of Focodesign and its affiliated companies. You agree to receive advertising information or other messages (including commercial or non-commercial messages) published by Focodesign and its affiliated companies or the third-party partners. The specific forms of sending and presenting, frequency and content of messages shall be subject to the actual provision by Focodesign.

2. Any form of communication or commercial intercourse that you make with advertisers or other third parties on this platform or promotional activities that you participate in include the payment or delivery of relevant products or services and any reached clause, condition, guarantee or statement shall be the behavior between you and advertiser and other third parties completely. You should judge the authenticity of advertising information and be responsible for own judgement behaviors by yourself. Unless otherwise clearly stated by laws, any loss or damage of any nature incurred as a result of any above-mentioned transactions or advertiser or other third parties, Focodesign does not hold any legal responsibility.

IX. Value-added Service

1. Focodesign may start charging for some services or adopt charging mode in the future and adjust or perfect the charging standard and methods of charging mode according to actual demands. In case of using the charging mode, please abide by relevant agreements. In case of any disagreement on relevant agreements or its revision and alteration, please stop using value-added service. If you are a juvenile under 18 years old, please carefully read relevant agreements of value-added service and choose whether to accept this agreement or service in the company of your statutory guardians.

2. While lowering the charging standard of value-added service or changing the charging service into free service, Focodesign reserves the right to not refund or adjust expenses for original paying users.

X. Disclaimer

1. You understand and agree that Focodesign software and related services may be affected or interfered with by various factors. Therefore, Focodesign does not guarantee that (including but not limited to):

(1) User's use requirements are completely met;

(2) Focodesign software and related services are timely, secure and free from interference and errors; any software, services or other materials obtained through Focodesign meet the expectations of users;

(3) Any errors in the software will be corrected.

2.Please carefully treat and make own judgment on any network information, account password, advertising or promotion information suspected of loans and property. Focodesign shall not assume any direct, indirect, incidental, special, derivative or punitive compensation liability for your profits, business reputation, file loss or other tangible or intangible losses based on the foregoing.

3.You understand and agree that factors such as force majeure may be encountered (force majeure refers to unforeseeable, insurmountable and unavoidable objective events) during the process of using Focodesign, including but not limited to acts of government, natural disasters, network reasons, hacker attacks, war or any other similar events. In the event of force majeure, Focodesign will make repairs in the first time. However, users agree that Focodesign shall not be liable for any losses to users due to force majeure.

4. Focodesign shall be entitled to deal with illegal content agreed upon in the protocol, and such right shall not constitute Focodesign's obligation or commitment; Focodesign does not guarantee that the illegal acts can be discovered in time or dealt with accordingly.

5. You clearly understand and agree that with regard to the services under this protocol, Focodesign does not make warranties or conditions of any kind, express or implied, including but not limited to commercial merchantability and applicability for a particular purpose.

6. You clearly understand and agree that you will take the risks of using the service, including but not limited to any damage to your mobile phone or data loss due to the download of any data; texts, news, materials, music, photos, pictures, videos, information or other personal information that you upload online are copied, reproduced or used for other purposes by other organizations or individuals.

7. You clearly understand and agree that the service is provided only according to its current status, and Focodesign shall not be liable for timeliness, deletion, misdelivery, failure to store or any other problems of user information or personalized settings. Focodesign reserves the right to suspend any part of the service for maintenance, upgrade or other purposes without prior notice.

8. You clearly understand and agree that this protocol aims to comply with national laws and regulations, maintain public order and good custom, and protect the legitimate rights of others. Focodesign does its best to make judgments according to relevant laws and regulations but does not guarantee that Focodesign's judgments are completely consistent with those of judicial and administrative organs. The consequences arising therefrom shall be borne by users.

XI. Limited Liability of Focodesign

1. You clearly understand and agree that as an online service provider, Focodesign cannot examine the authenticity and legality of various pictures, videos and other content on the platform one by one. Accordingly, Focodesign solemnly reminds you that content provider shall be liable for any texts, pictures and videos published or uploaded through the service. Focodesign only provides you with storage space and is unable to control the content transmitted through the service and guarantee the authenticity or legality of the content.

2. You clearly understand and agree that Focodesign is unable to examine and track your purpose of using the above content. Accordingly, you shall be liable for any responsibility held by a third party or your own losses arising from your use of the content beyond the scope agreed herein or authorized by Focodesign.

3. You clearly understand and agree that Focodesign's compensation under this protocol shall be limited to the actual payment made by you, which is the highest obligation and total liability amount of Focodesign to any user.

XII. Statement on Intellectual Property Rights

1. Focodesign is the intellectual property holder of the software and services. All copyrights, patents, trademarks, trade secrets, other intellectual property rights of the software and information related to the software (including but not limited to texts, pictures, audios, videos, interface designs, layout frameworks, electronic documents, etc.) are protected by the People's Republic of China and relevant international treaties. Focodesign enjoys the above intellectual property rights, except for those legally owned by others.

2. Without the written consent of Focodesign, you cannot implement, use or transfer the above intellectual property rights for any commercial or non-commercial purpose by yourself or authorizing any third party, and Focodesign reserves the right to pursue legal liability for the above acts.

3. You understand and agree that the texts, pictures, videos and audios that you publish and upload by using Focodesign platform and relevant services are original or have obtained legal authorization (including subauthorization).

XIII. Ways of Complaint and Settling

1. In case of any content violating your rights on Focodesign platform, please immediately notify Focodesign by email support@focodesign.com and provide preliminary evidence that you have relevant rights. Focodesign will timely handle your complaint according to legal provisions. If the content that you produced by using Focodesign is complained of infringement by relevant right holders, you can also appeal by submitting a counter-notice and relevant evidentiary materials to support@focodesign.com. Focodesign will also timely handle your complaint according to provisions of law.

2. Focodesign advocates that you shall participate in maintaining and supervising the compliance and cleanliness of the Focodesign environment. In the event of discovering your improper or illegal behavior by itself or initially verifying your improper or illegal behavior according to a report and complaint, Focodesign is entitled to immediately take necessary measures to stop such behavior without prior notice.

XIV. Other Clauses

1. Your logging in and use of Focodesign are deemed to have read and agreed to be bound by this protocol.

2. Focodesign shall be entitled to modify this protocol according to national policies, technical conditions, product functions and other changes and publish the modified protocol. You can look up more clauses of the protocol in the latest version of Focodesign. If you continue to use Focodesign after the clauses of this protocol are changed, you will be deemed to have accepted the modified protocol.

This protocol includes the relevant protocols, rules and other content that Focodesign has published and may publish in the future (including the Privacy Policy). Focodesign will remind you to read the foregoing that has been published in a proper way (such as system notification and so on). The foregoing protocols and rules shall constitute an integral part of this protocol and shall be equally observed by you.

3. Unless otherwise expressly provided herein, any new functions currently added or strengthened by Focodesign including new products are subject to this protocol of usage.

4. The establishment, entry into force, performance, interpretation and dispute settlement of this protocol shall be subject to the laws of the People's Republic of China. However, if the laws of China are not applicable to your country, the laws of your country shall prevail.

5. The headings of this protocol and all clauses are for convenience only and do not have any legal or contractual effect.

6. Focodesign may notify you by announcement or regular mail (the contact information reserved on the platform shall prevail); such notice shall be deemed to have been delivered on the date of sending.

7. Focodesign enjoys the final interpretation and modification of this protocol within the law.