This Game Streaming Assistant End-User License and Service Agreement (hereinafter referred to as the "Agreement") is the agreement between you and us with respect to the service of Game Streaming Assistant (hereinafter referred to as the "App") and related technologies and features (hereinafter collectively referred to as the "Service"). Please carefully read and fully understand all terms and conditions of this Agreement, especially the terms of exemption and limitation of our liabilities, limitation of user's rights, dispute settlement and applicable laws, as well as terms and conditions which are highlighted in bold for your convenience. Your use of the Service, or any parts thereof, will be deemed as your acceptance of this Agreement. Your continued use of the Service, or any parts thereof, will be deemed as your irrevocable and unconditional acceptance of the terms and conditions contained herein, including your irrevocable agreement to be bound by this Agreement. If you do not agree to this Agreement, you will not be able to use the Service.
"We" referred to herein shall mean vivo Mobile Communication Co., Ltd. located at No.1, vivo Road, Chang’an, Dongguan, Guangdong Province, China, with the Uniform Social Credit Code being 91441900557262083U registered by Market Supervision Administration of Dongguan Municipality.
1 Capacity for Civil Conduct
1.1 You represent and warrant that you possess full capacity for civil conduct in accordance with the laws of your region when you use the Service or agree to this Agreement.
1.2 You shall not use the Service or accept this Agreement without the consent or confirmation from your parent or guardian in the case that you are a minor or you do not possess full capacity for civil conduct in accordance with the laws of your region.
1.3 Your use of the Service or acceptance of this Agreement shall be deemed that you have met the provision in the first paragraph of this Section or you have obtained the consent or confirmation from your parent or guardian.
2 The Service
2.1 The main feature of the Service is:
Mobile Screen Mirroring: You can use the Service to mirror your phone’s screen to your computer and control your phone, in order to enable you to live stream mobile games.
2.2 Others
a) The specific features supported by the Service are subject to the software version you are using.
b) You understand and agree that the Service will use the processor, bandwidth, and other resources of your device to provide you with effective services. The costs of data traffic may incur during use of the Service, and the user shall acquire relevant fee information from the service provider and bear relevant costs.
c) In order to improve user experience and service content, we will constantly strive to develop new services and provide you with updates service from time to time (these updates may take the form of software replacement, modification, feature enhancement, version upgrade, content adjustment, etc.).
To ensure the security and functional consistency of the Service, we reserve the right to update or adjust the Service, as well as change or restrict some/all features of the Service without any special notice to you. You understand and agree: When your device connects to the Internet (cost of data flow may arise), (1) available updates will be automatically downloaded and installed; or (2) you'll be prompted to download or install the available updates. If you disagree with such updates provided by us, the App and the Service may become unavailable. You understand and agree: All available updates shall be deemed as an integral part of the App or the Service and shall be governed by this Agreement.
3 License and Proprietary Rights
3.1 We hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service.
3.2 You understand and agree that the license granted to you by us hereby shall not be deemed or construed to mean any sale and/or transfer of any content, product, or service, in whole or in part, to you by us.
3.3 Except for the limited license to the Service expressly granted to you in Section 3.1 of the Agreement, we do not expressly or implicitly grant you any licenses of copyright, trademarks, patents, or any other intellectual property or proprietary rights.
3.4 You shall not make any commercial use of, modify, disassemble, decompile, or reverse engineer any related content of the Service.
3.5 You understand and agree that all software and content related to the Service, including but not limited to structures, source codes, and related documents of software, are properties of ours, our affiliates or our suppliers, contain valuable trade secret and/or intellectual property, and shall be regarded as confidential information of ours, our affiliates, or our suppliers.
3.6 Without our written permission, any user or third party shall not by himself or authorize, permit, and assist others to perform below behaviors:
a) Duplicate, retrieve, or use the information content of the Service for commercial purposes, including but not limited to promoting or getting more views.
b) Edit, organize, or compile the information content of the Service and display it outside the source page of the Service without authorization.
c) Use any identification methods including but not limited to special signs and special codes to direct, transfer, or hijack the traffic or views of the information content of the Service.
d) Other behaviors including illegally retrieve or use the information content of the Service.
3.7 Without our written permission, any user or third party shall not directly or indirectly steal the information content of the Service (including but not limited to chain stealing, redundant stealing, illegal crawling, simulated downloading, deep linking, fake registration, etc.), or delete or alter the electronic rights management information in any way (including but not limited to hiding or modifying domain names, specific signs of platforms, and usernames, etc.).
3.8 You agree to use this Service in compliance with all applicable laws, including but not limited to relevant copyright, other intellectual property rights, and/or export control laws and regulations.
4 Users' Behaviors
4.1 You hereby covenant that, in your use of the Service, you shall abide by all the applicable laws and regulations, and will not use this Service to engage in any illegal or inappropriate activities, including but not limited to:
a) In any manners, hosting, displaying, uploading, modifying, posting, transmitting, storing, updating, or sharing:
i. Any content that is unlawful, defamatory, insulting, discriminatory, provocative, terroristic, aggressive, violent, hateful, obscene, pornographic, racially or ethnically objectionable, harassing on the basis of gender, threatening national security, integrity, sovereignty, public order, or otherwise invasive.
ii. Any content that is pedophilic, or is harmful to child.
iii.Any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, and limit the functionality of any software.
b) Fraud, money laundering, illegal transactions, gambling and so forth, or otherwise inconsistent with or contrary to the laws in force.
c) Infringing on the right to name (such as, impersonating another person), reputation, privacy, trade secret, copyrights, patent, trademark, or other proprietary rights.
d) Intentionally disseminating false or misleading information with the intent to violate the law and/or infringe on the rights and interests of others.
e) Any other act that violates applicable laws and regulations, infringes on the rights of others and/or harm minors in any way.
4.2 To the fullest extent permitted by law, we have the right to unilaterally terminate the Service if you violate the preceding paragraph. We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content.
5 Personal data Protection
We attach great importance to your privacy and personal data. We will take appropriate security measures in strict compliance with laws, regulations, and our Privacy Statement to collect and process your personal data.
6 Disclaimer
6.1 The Service is for your personal use only and you shall not provide it to any third party. You understand and agree that you are solely responsible for the results of your use (that is illegal or in violation of this Agreement) of the Service, performance or features provided by us. You expressly understand and agree that use of the Service is at your sole risk.
6.2 The Service may contain advertisements, links and other content provided by third party. We do not guarantee the legality, accuracy, completeness, and reliability of such content, and we do not take any responsibility for any consequences arising from your use of such third-party content.
6.3 Notwithstanding anything to the contrary, the Service, and all information, products, software, programs, and content related to the Service, including but not limited to the App, are provided on an "AS-IS" basis without guarantees and warranties of any kind. To the fullest extent permitted by law, we disclaim all representations and warranties — whether explicit, implied, statutory or otherwise, including, but not limited to, any representation and warranty of security, stability, accuracy, merchantability, fitness for a particular purpose, or non-infringement of ownership and intellectual property.
6.4 To the fullest extent permitted by law, we hereby disclaim, and you hereby irrevocably, perpetually, and unconditionally discharge and release us and our affiliates, and our and our affiliates’ employees, directors, officers from all responsibilities for any indirect, incidental, special, or other damage or loss you have suffered arising out of or related to the Service or any related content.
6.5 We shall not be liable for any failure to provide the Service or fulfill the obligations in this Agreement that is on account of:
a) Force majeure, including but not limited to earthquake, flood, storm, tsunami, epidemic, war, terrorist attack, riot, strike, and governmental order.
b) Repair, update of software, or upgrade of hardware operated by us or by a third party at our instance.
c) Data transmission interruption due to network operator’s problems or user’s network connection problems.
d) Any problem due to software or services provided by third parties or acts of third parties.
e) Other situations in which we shall suspend or terminate the Service in accordance with laws and regulations or other irresistible reasons, such as our business adjustment.
7 Governing Laws and Jurisdiction
You understand and agree that, unless otherwise expressly stipulated to the contrary by the laws of the jurisdiction in which you reside, this Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of laws. You agree that any dispute arising out of or related to this Agreement or the Service shall be settled through negotiation. Any dispute failing to be resolved through negotiation shall be submitted to Shenzhen Court of International Arbitration (SCIA), the People's Republic of China for arbitration in accordance with the laws of People's Republic of China. And the seat of arbitration shall be Shenzhen.
8 Contact us
If you have any complaints, questions, comments, or suggestions, you can contact us via the online customer service provided in the following official websites according to the brand of your device, or contact us via the contact information disclosed in this Service:
https://www.vivo.com
https://www.iqoo.com
https://www.jovimobile.com
9 Miscellaneous
9.1 This Agreement constitutes the entire agreement between you and us and supersedes all prior agreements between you and us as to the subject matter hereof.
9.2 If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.
9.3 Any provision of this Agreement that is not enforced shall not constitute a waiver of such right by you or us.
9.4 The license we grant to you shall be limited to those expressly granted herein. We reserve all rights not expressly granted to you under this Agreement.
9.5 If you are in breach of this Agreement, we shall have the right to unilaterally terminate this Agreement and cease the relevant services, without bearing any responsibility for damages. For the avoidance of doubt, any provision of this Agreement which is expressed or intended to continue in force shall survive the termination of this Agreement until the expiration of the agreed conditions or termination by its nature.
9.6 We reserve the right to amend this Agreement from time to time. You can check the latest version of the Agreement on the relevant page. Your continued access or use of the Service shall be deemed as your acceptance of the modified Agreement.
9.7 You understand and agree that you shall at all times act in strict compliance with all local, state, municipal, federal, and national laws, statutes, ordinances, regulations and other rules of the jurisdiction in which you reside, or apply to your use of the Service.
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