Beijing Moji Fengyun Technology Co., Ltd and its affiliates (hereinafter referred to as “we”, “us”, “our” or “Mo Weather”) provide you with our product Mo Weather App (the “Application”), which can offer weather information and related services to you (hereinafter referred to as “you” or “User””). Except to the extent you and Mo Weather have executed a separate agreement, this Mo Weather Terms of Use (“Terms”) and the terms referenced in Section I. 3. below (collectively, the “Agreementt”) govern your access to and use of the Application, and constitute a binding legal agreement between you and Mo Weather.
TO ENTER INTO THE AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING THE APPLICATION. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOU SHALL NOT USE THE APPLICATION UNLESS YOUR PARENT OR LEGAL GUARDIAN CONSENTS TO THESE TERMS AND MO WEATHER APPROVES SO.
1. By using the Application, you are agreeing to comply with the provisions of this Agreement, and any update and modification thereto. If you do not agree to the Agreement, you may not use the Application. In order to agree to the Agreement, (i) you need to be at the age of 18 or older or have your parent or guardian’s consent to agree to the Agreement with Mo Weather’s approval if you are between 13 and 18 years old, and (ii) you have the power to enter a binding agreement with us and are not prohibited or restricted from doing so under any applicable laws. If you do not meet any of the above criteria, please stop using this Application immediately.
2. We reserve the right to update or modify the Agreement at any time without prior notice. These changes will become effective immediately upon being posted through the Application or otherwise notifying you. Your continuance of the use of the Application following the posting of the revised Agreement means you accept and agree to the changes, and agree to be bound by the Agreement with the changed terms. We suggest that you review the Agreement frequently to stay informed of the latest modifications.
3. Your use of the Application is subject to all other terms, policies, rules, guidelines or agreements applicable to the Application that we may post on or link to the Application from time to time (the “Additional Terms”), including our Mo Weather Privacy Policy (“ Privacy Policy”). All such Additional Terms are incorporated by this reference into, and made a part of, the Agreement. For the capitalized terms which are not defined in the Terms, please refer to the relevant definitions under the Additional Terms. If there is any conflict between the Terms and the Additional Terms, the provisions of the Additional Terms shall prevail and govern the relevant part of your use of the Application.
1. The Application provides you with following services:
(a) Search for real-time and predicted weather information;
(b) Post contents in the Application;
(c) Connect, and relate you with other Users, and provide platform(s) for you to chat and socialize with other Users; and
(d) Provide news, articles, statistics, analysis, weather alert, tips and promotional information.
2. You may download, install, browse, register, log in, and use the Application through Mo Weather’s official website and other authorized channels (Google Play and App Store) subject to the following: (i) the Application may be used solely for personal, informational, internal reference and study purposes and may not be re-distributed without the express written permission of Mo Weather; and (ii) the Application shall not be modified, obscured, tampered with or altered in any way.
3. We reserve the rights, at its sole discretion, to modify, discontinue or terminate any and all services of the Application (“Change”) at any time without prior notice. We will have no liability whatsoever on account of any Change of the Application.
4. We do not provide services to children under 13 years old (“Child” or “Children”) or any person under the Age of Majority that has not obtained the approval by the User’s parent or guardian. Age of Majority, for the purpose of this Agreement only, means the age of 18, or such an age at which under the applicable laws the person is allowed to use this Application without obtaining the consent or permission from this person’s parent(s) or guardian. If you are a Child, please stop using our services immediately. If you are over the age of 13 (including 13), but you have not reached the Age of Majority, you will need to obtain your parent(s) or guardian’s approval and Mo Weather’s consent before proceeding to use this Application. You should clearly understand that if we discover or have reason to believe that you may be a Child or under the Age of Majority during the service, we may suspend or terminate the service to you until you provide us with proof that you are over the Age of Majority or you have obtained your guardian’s explicit consent.
5. You agree not to use the Application to:
(a) upload, post or otherwise transmit any User-Generated Content (“Your Content”) that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or otherwise against the applicable laws and regulations or the social ethics, standards and values;
(ii) discloses or disseminates Personal Information or trade secrets of another Person, or is invasive of another Person’s privacy or without another Person’s permission;
(iii) harms minors in any way, or
(iv) impersonates any Person;
(v) is fake, falsified, or otherwise non-authentic;
(vi) you do not have a right to transmit under any law or under contractual relationship or your fiduciary duty;
(vii) infringes any intellectual property or proprietary rights of any Person;
(viii) promotes or expresses discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, etc.;
(ix) belongs to unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, phishing or any other form of solicitation;
(x) contains software viruses or any codes, files or programs that may interrupt, destroy or limit the functionality of this Application or any computer software, hardware or telecommunications equipment;
(xi) interferes with or disrupts the Application or servers or networks connected to the Application, or violates any requirements, procedures, policies or regulations of networks connected to the Application; or
(xii) promotes, expresses, induces, teaches, trains, or encourages any illegal activities, to cause physical harm or injury on any individual or animal, or to cause damage on any properties or other assets.
(b) stalk or otherwise harass another Person, or collect or store Personal Information about other Users;
(c) charge any fee, collect any payment or exchange for any consideration, or otherwise engage in any commercial activities relating to this Application; or
(d) commercialize any services or products, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their websites, using the Application to provide access to the websites or applications of other Persons through use of your username or password.
“Person” in the Agreement means an individual, partnership, corporation, organization, limited liability company, stock corporation, joint venture, unincorporated association and organization, group, government agency, or other form of legal person.
1. You can browse the basic weather information in the Application without registering an account (“Account”). However, in order to enjoy full services of the Application, you must register an Account by creating a username and a password. For creating an Account, you may be required to use your mobile phone number, or a Third Party Account (including WeChat, Google, Facebook, and Apple) that belongs to you. When you register an Account or update the information, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We may require Users to provide Personal Information, including but not limited to your name, ID number, age, or mobile phone number, for the purpose of proving your identity.
2. You shall not allow any third party to use your Account, or disclose your password to any third party. If you have reason to believe that your Account is stolen or otherwise no longer secure, you should immediately notify us. You should change your password if you think anyone has access to it without your authorization. You agree that we may take steps to verify the accuracy of the information you provide, including contact information of your parent or guardian.
3. Mo Weather reserves the right to suspend or terminate your Account if, (i) any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, (ii) you access the Application illegally through unauthorized channels, (iii) you violate the Agreement in any way, or (iv) we terminate our operation or provision of services through the Application. In addition, we may, in our sole discretion, (i) suspend or terminate your Account and/or your access to the Application, or (ii) remove or delete any of Your Content, at any time, without notice for any reason. We will have no liability whatsoever as a result of any deletion of Your Content, or suspension or termination of your access to or use of the Application.
1. Mo Weather and the Application
(a) “Intellectual Property” or “IP”, for the purpose of this Agreement, refers to any trademark, patent, copyright, trade secret, mask works and other proprietary rights acknowledged, granted or protected as intellectual property rights or intangible assets under the applicable laws. The visual interfaces, graphics, design, assets, compilation, information, data, content, computer code (including source code and object code), software, trademarks, trade names, logos, domain names, and any other features of the Mo Weather brand (the “Brand Features”) in the Application, and all other elements of the Application provided by us and intellectual property, proprietary information and any intangible assets related to or contained therein are protected by applicable laws and regulations. All IP contained in the Application is our property or third-party licensors’ property (the “Mo Weather Intellectual Property Rights”). Except as expressly authorized by us in the Agreement, you may not make use of any Mo Weather Intellectual Property Rights unless otherwise approved by us. We reserve all rights to the Mo Weather Intellectual Property Rights not granted expressly in the Agreement.
(b) All Mo Weather’s Brand Features are the sole property of Mo Weather. This Application do not grant you any right to use any Brand Features.
(c) You are permitted to use the Application for your personal, non-commercial purpose only.
(d) Subject to your ongoing compliance with the Agreement, we grant you a non-exclusive, personal, limited, revocable, non-transferable and non-sublicensable license to use the Application and the Mo Weather Intellectual Property Rights on compatible devices that you own or control for your personal and non-commercial use. For clarity, the foregoing permissions are limited to the Application, and no rights are granted with respect to any servers, computers, or databases associated with the Application.
(e) You are not allowed to export any raw data or files of any content present on the Application to your personal devices. You are not allowed to hack, reverse engineer, decompile or change the code or any content or data of the Application, disable or circumvent any security or other technological measure designed to protect the Application, or otherwise interfere with Mo Weather’s administration, operation and maintenance of the Application or other Person’s use of it. You are not allowed to create any application or content that copies, imitates or plagiarize the Application or any of Mo Weather Intellectual Property Rights. You may not lease, lend, sell, distribute, or sublicense any portion of the Application for any commercial purposes. You may not copy, distribute, publicly perform, or publicly display this Application or any of Mo Weather Intellectual Property Rights.
(f) If you breach Section IV of the Terms, or otherwise exceed the scope of the licenses granted herein, you may be subject to liabilities for infringement of Mo Weather Intellectual Property Rights. We are entitled to require you to provide necessary information or documents for the purpose of investigation if such breach is detected.
2. User-Generated Content
(a) Users of the Application may post, upload, provide or otherwise contribute information, data or content to the Application, which may include text, messages, information, pictures, and other types of content (the “User-Generated Content”). For the avoidance of doubt, the User-Generated Content includes any such content posted within the Real-Time-Scene section, Mo Quan community as well as any other parts of or functions provided by the Application.
(b) You are responsible for all of the User-Generated Content that you provide to the Application. We are not responsible for any User-Generated Content nor do we or does this Application endorse any User-generated Content. You undertake to comply with all of the legal requirements with respect to any of Your Content, and you represent, undertake and warrant that you own or have all rights to Your Content.
(c) We may, but have no obligation to, monitor, review, or edit User-Generated Content. In all cases, we reserve the right to delete, remove or disable access to any User-Generated Content for any reason. We may take these actions without giving prior notification to you or any third party. Deletion, removal or disabling of access to User-Generated Content shall be at our sole discretion, and we do not promise to delete, remove or disable access to any specific User-Generated Content.
(d) By contributing Your Content, and in consideration of the rights granted to you under the Application, subject to the Privacy Policy, you agree that we and our Affiliated Parties or Third-Party Partners may use Your Content and that Your Content may become available for use by other Users or third parties. In this connection, you agree and authorize us (including our Affiliated Parties or Third-Party Partners) to use Your Content by any means and for any purposes, especially, however not exclusively:
(i) to display, download, archive and process Your Content;
(ii) to analyze Your Content and incorporate the results of such analyses into the Application;
(iii) to use Your Content for the marketing, sales and other business purposes of us; and
(iv) to make any of Your Content available to the public, publish, translate, modify, create derivative works from, and distribute it through any medium.
(e) To the extent that Your Content relates to or contains any Intellectual Property, you hereby grant a non-exclusive and free-of-charge license to us to exercise the right to use Your Content in all manners of use (the “Your License”). Your License to us is unlimited in terms of territory and quantity and shall be provided for the duration of such Intellectual Property. We are not obliged to use Your License. Subject to the Privacy Policy, we are entitled to grant, as a whole or in part, to third parties, either in the form of a sub-license or assignment of these rights, without any restriction, and for a fee or free of charge in relation to Your Content. Therefore, Your Content may also be used in the manner specified herein by third parties. Your License shall survive the termination of your use of the Application. Your removal of Your Content shall not affect Your License, and we as well as third parties shall be entitled to continue using the Your Content in line with Your License.
3. Notice and Takedown Procedure
(a) We respect the Intellectual Property of others and we ask you to do the same. If you are an Intellectual Property holder or an agent of an Intellectual Property Rights and believe that any content on the Application infringes upon your Intellectual Property, you may submit a notification by contacting our agent at legal@moji.com providing the following information in writing:
(i) A description of the Intellectual Property that you claim has been infringed;
(ii) A description of the material that you claim is infringing, the hyper link of the infringing page, or the screenshot of the infringing content;
(iii)Your address, telephone number, and email address;
(iv) A statement by you that you have the ground to believe that your Intellectual Property is infringed;
(v) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the Intellectual Property holder or authorized to act on the Intellectual Property holder’s behalf; and
(vi) If any Person is acting on your behalf to make the claim on your Intellectual Property, a letter or authorization, power of attorney or other proof of the Person representing you to make the claim shall be provided.
(b) Regarding any content that has been deleted, removed or disabled its access, if you believe that Your Content is not infringing or that you have the authorization from the Intellectual Property holder, or your otherwise permitted or authorized to contribute Your Content, you may send a counter-notice to us, providing the proof of the authorization and statement of the legitimacy of the use.
(c) When we receive a counter-notice, after our verification or analysis, we may contact the original complaining party for verification or providing arguments or reasoning, or send a copy of the counter-notice to the original complaining party informing the party that we may restore the deleted or removed content or re-enabling the access to it. Unless the Intellectual Property holder files an action seeking a court order against the provider of the User-Generated Content, such User-Generated Content may remain in the Application till enforceable court order, administrative decision, or arbitration commission award is served on us.
(d) You acknowledge that if you fail to comply with all of the requirements of this Section IV. 3., your notice or counter-notice may not be valid. We reserve the right to request for more materials from you as we see fit for the above procedures.
(e) In appropriate circumstances, we may terminate the Accounts of and block access to the Application by any User who repeatedly or egregiously infringes other people’s Intellectual Property.
1. Certain portions of the Application may include, display, or make available content, data, information, applications or materials from third parties (“Third-Party Materials”). You understand that by using the Application, you may encounter Third-Party Materials, such as third-party advertisements and promotional materials, which may be considered offensive, indecent, or objectionable, inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise, regardless if by explicit language, or by links or references. Nevertheless, you agree to use the Application at your sole risk and that we shall not have any liability to you for such Third-Party Materials.
2. In addition, Third-Party Materials that may be accessed from, displayed on or linked to from your device may not be available in all languages or in all countries. We make no representation that such Third-Party Materials are appropriate or available for use at any particular location. To the extent you choose to access such Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws.
You agree that you will be responsible for your use of the Application, and to the maximum extent permitted by law, you agree to defend and indemnify us and our officers, directors, employees, consultants, affiliates, investors, business partners, subsidiaries and agents (together, the “Affiliated Parties”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Application; (b) your breach of any provision of the Agreement or any other agreements referenced in the Agreement, (c) your violation any applicable laws or regulation; (c) your violation of any third-party right, including any Intellectual Property or proprietary right, property rights, personal rights and other rights and interests; or (d) any dispute or issue between you and any third party.
THE APPLICATION IS ALL PROVIDED BY MO WEATHER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. MO WEATHER DO NOT WARRANT OR REPRESENT THAT THE APPLICATION, OR ANY PART THEREOF, WILL BE OPERATED UNINTERRUPTED OR ERROR-FREE. MO WEATHER DISCLAIMS ALL AND ANY WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT MO WEATHER KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MO WEATHER OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION UNLESS EXPRESSLY STATED IN THE AGREEMENT.
YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY, LEGITIMACY AND QUALITY OF YOUR CONTENT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE APPLICATION, OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE APPLICATION. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE APPLICATION, YOUR DEALING WITH ANY OTHER USERS ON THE APPLICATION, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE APPLICATION. YOU UNDERSTAND AND AGREE THAT YOU USE THE APPLICATION AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENTS THROUGH THE APPLICATION AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE APPLICATION), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE APPLICATION OR THE DOWNLOAD OR USE OF THOSE MATERIALS OR CONTENTS. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MO WEATHER OR ANY OF THE AFFILIATED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE OF, THE APPLICATION OR ANY MATERIALS OR CONTENTS ON THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IF AND ONLY WITHIN CERTAIN STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF MO WEATHER OR ANY OF THE AFFILIATED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE APPLICATION OR OTHERWISE UNDER THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY YOU TO MO WEATHER UNDER THE AGREEMENT AND ANY APPLICABLE TERMS AND CONDITIONS.
1. For the purpose of the Agreement, “Dispute(s)” shall mean any dispute, action, controversy or claim arising out of or relating to any aspect of the Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of the Agreement.
2. The Agreement is governed by the laws of the People’s Republic of China (“PRC”) without regard to conflict of law principles.
3. To help both you and Mo Weather finding a resolution and controlling costs for you and us regarding any Dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute for at least 90 days from and when the notice of the Dispute is sent. Such a negotiation shall commence upon written notice is sent. We will send our notice to your registered email address and any billing address that you provide us. If the Dispute cannot be resolved within this 90-day period, any Party may submit the Dispute to the people’s court of the People’s Republic of China where Mo Weather is located with competent jurisdiction.
4. You and we agree that nothing in the Agreement will be deemed to waive, preclude, or otherwise limit either Party’s right to: (i) pursue an enforcement action through the applicable court if that action is available; or (ii) seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages).
1. The Agreement is effective upon acceptance, and shall remain and continue to be valid until terminated. Neither the Agreement nor any rights or obligation hereunder may be assigned by you without express written permission of Mo Weather, and any purported transfer of rights, once approved by Mo Weather, shall oblige the transferee to be bound by the Agreement, and your rights will be terminated. You may terminate the Agreement by deleting, removing or obliterating the Application and all copies thereof. Mo Weather may terminate your right to use the Application should there be any breach of the Agreement committed by you. Upon such termination by Mo Weather, you agree to certify the deletion, removal or obliteration of the Application and all copies thereof to Mo Weather.
2. Any provision of the Agreement (including without limitation Sections V, VII, VIII, IX, X, XI, XII, and XIII) which by their nature should survive the termination of the Agreement, shall survive after the Agreement is terminated for any reason.
No waiver of any provision of the Agreement by either you or us shall be deemed a continuing or further waiver of any other part of the Agreement, and either Party’s failure to assert any rights or part of the Agreement shall not be deemed or otherwise constitute a waiver of such right or part.
1. The Agreement, together with the other documents expressly incorporated by reference into the Agreement, are the entire and exclusive understanding and agreement between you and Mo Weather regarding your use of the Application.
2. The English language version of the Agreement is legally binding in case of any inconsistencies between the English version and any translations.
3. You may not assign or transfer the Agreement or your rights under the Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Agreement at any time to any entity without notice or consent.
4. This Agreement is binding on and inures to the benefit of our respective heirs, successors and assigns.
5. Use of section headers in the Agreement is for convenience only and will not have any impact on the interpretation of any provision.
6. If any part of the Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from the Agreement), and the remaining parts will remain in full force and effect.
7. Nothing in the Agreement shall be deemed to confer any rights or benefits on a third party.
8. You will comply with all laws in your use of the Application, including any applicable export laws. You will not directly or indirectly export, re-export, or transfer the Application to prohibited countries or individuals or permit use of the Application by prohibited countries or individuals.
9. The Application is offered by Mo Weather located at Room 1501, Building C, Wangjing Rongxin Technology Center, Chaoyang District, Beijing. You may contact us by sending correspondence to that address, calling us at 0086-400-880-0599 or email us at AS@moji.com.