Normally, when you are using “MoWeather” services, “MoWeather” collects a wide range of information to improve application runtime efficiency, in order for us to provide you with the best product, service and user experience. Please read this terms of use agreement (the “Agreement”) carefully, and fully understand each term including MoWeather’s non-responsibility as well as limitations towards your rights. Please read thoroughly and choose to accept or reject the Agreement (minors under the age of 18 must read the Agreement accompanied by legal guardians). You have no right to register, sign in or use MoWeather’s services unless you choose to accept the Agreement. Your usage of MoWeather’s services will be viewed as your acceptance of all terms in this Agreement. The Agreement is for services provided by MoWether, including but not limited to registration, signing in and normal usage, between you and MojiFengyun (“Moji”). The Agreement describes the rights and obligations of you and Moji related to MoWeather services. “Users” will be the term used to represent any individual or organization registering, signing in, using or viewing MoWeather’s services.
1. Fully understand and accept that “MoWeather” only provides you with a platform for information retrieving, delivering and sharing. You are responsible for all actions taken under your registered account, including messages you send and any consequences you may cause. You should use your own judgment when interpreting the correctness, completeness and usefulness of the contents of “MoWeather”, and be prepared for any potential risks. Moji should not and will not be responsible for any damages or losses caused by your misuse of “MoWeather”’s contents.
2. Any information delivered by you via “MoWeather” services does not reflect Moji’s point of view nor our policies. Moji should be free from any responsibilities.
3. You should guarantee that your registered information is true, valid and legal. You shouldnot act as another individual and deliver information under the identity of another individual, nor mislead other users using falsified information. Otherwise Moji has the right to terminate “MoWeather” services immediately, forfeit the account and you should have to take all the legal obligations.
4. Moji has all rights towards any information you post on “MoWeather”, including LiveView photographs. The rights of use of these information include all legal usage within or outside of the application.
5. You are responsible for the truthfulness, validity,harmlessness, and legitimacy of all information you deliver on MoWeather. You, instead of Moji should be responsible for any information above.
6. The right of modifying, suspending, limiting, terminating or revoking “MoWeather” services unilaterally without notifications of any kind is reserved by Moji, and you are responsible to bear the risks. You should download the most updated version of the application after Moji updates certain terms in the Agreement, or view the document on Moji’s official website. If you do not accept the modified Agreement, please terminate your usage of “MoWeather” services immediately, otherwise it will be seen as accepting the Agreement in all circumstances.
7. “MoWeather” services may include advertisement. You should agree that Moji may display advertisement provided by third-party suppliers or business partners during your course of usage.
8. You are not allowed to create, upload, copy or send via “MoWeather” services information that are:
（1） Unconstitutional
（2） Jeopardizing national security, revealing national secrets, destabilizing the central government and undermining the unification of the country
（3） Damaging the reputation of the country
（4） Encouraging ethnic hatred and discrimination and undermine ethnic unity
（5） Breaking the policies regarding religious groups, promoting heresies and feudalism
（6） Rumours that may cause instability of the society
（7） Related to pornography, gambling, violence, murder, horror or abetment
（8） Insulting or slanderous towards others or invading other’s legal rights
（9） Illegal or forbidden by administrative regulations
9. Moji is allowed to, based on its own judgment, legally terminate the transmission of the information that individuals that has infringed any laws or violated terms of this Agreement, including but not limited to assaults towards others and using fake identities. Actions should be taken by Moji including but not limited to removing inappropriate contents from the application, terminating the violator’s account, blocking the violator from further using “MoWeather” services, and saves the content for the legal department. If it has been confirmed by the legal department that Moji’s judgment has been mistaken, Moji should not account for any consequences caused by the misjudgment.
10. Moji reserves the right to replace, modify and update your “MoWeather” application at anytime with potential service fees. “MoWeather” should send version update notifications by default if the application has detected a version difference, but allows the user to choose wether to turn off the notification at the client side.
11. Moji and/or its business partners should, according to the current marketing and technology trend, provide the user with value-added mobile and internet services, either free or paid. Moji and/or its business partners reserves the rights to charge fees for “MoWeather” services and modify the price and pay method at anytime. Users should be notified when Moji and/or its business partners should start charging for a particular service, and users should have the right to choose to accept or reject any chargeable services, and agree to pay the corresponding fees (if using charged services) according to Moji’s regulations. If fees has been delayed or unpaid Moji should recover its losses by legal means.
12. Users’s rights and obligations:
（1） The possession and ownership of “MoWeather” account is reserved by Moji. After the user completes the registration process and obtaining a “MoWeather” account, the right of use of the account solely belongs to the original applicant. Gifting, transferring, lending, leasing or selling any “MoWeather” account is not allowed.
（2） The user has the right to modify or delete any personal or account information on “MoWeather”, as well as any delivered messages. The user should be aware of the risks of deleting certain messages as they should be removed permanently from the system.
（3） The user has to take all legal responsibilities for any actions taken under the registered account, and for keeping the account password at a safe place along with the account information. It is not allowed to use other people’s account at any circumstances. If it is suspected that another individual is using your account, please notify Moji immediately.
（4） The user should follow the terms of this Agreement and use “MoWeather” services appropriately. Moji has the right to terminate services if any of the terms has been breached, and the right of forfeiting “MoWeather” account at anytime is reserved by Moji.
（5） “MoWeather” account usernames are unique, therefore the user is responsible for registering his or her preferred username at an earlier time before it is taken by another user.
（6） Any registered account should be taken back by Moji if it is left unused for a long period of time in order to reallocate resources. Any problems caused by this should be taken by the user.
1. We should collect your information
When it is necessary to obtain your personal information for identification or contact purposes, we should make sure that we acquire your approval in advance. Usually we request these information when you use “MoWeather” application. These information usually range from:
（1） Your approximate location
（2） Contact information in your mobile device
（3） The date and time you perform a search or weather request
（4） Your Weibo, WeChat or other social network sites information
（5） If you registered for Moji bbs account or other “MoWeather” services accounts, we might collect information such as your name, gender, contact information, etc.
2. We will use your information
Moji will use your information legally and appropriately under the supervision of related service regulations and agreements. Under certain circumstances, Moji will have sufficient reason to believe that the following should only be achieved via utilizing your information:
（1） Satisfying law sets or legal proceedings applicable to Moji
（2） Complying to Moji’s service regulations and agreements
（3） Protect Moji and the right of its related websites, software and assets
（4） Protect Moji’s employees, products, users and clients as well as the public community under emergency situations
Automatic positioning — we will use your approximate location to provide you with the most accurate local weather forecast.
Share — we will use your contacts for you to share weather information with your friends and families
Weather search and request — we will use your local date and time to ensure you get the most updated weather data
Moji will not share these information with third-party organizations unless under circumstances mentioned in this Agreement.
3. We will protect your information
We provide you with multiple ways to make sure your personal information is accurate and updated. If you registered your account on Moji’s website, you can check, edit or delete your uploaded information at anytime. To ensure your information security, we use many security technology and applications to protect your personal information from being accessed by unauthorized individuals. If you have questions regarding our privacy protection policies, please email law@mojichina.com
4. The use of Cookie
When you use “MoWeather” services using the Web, you will place one or more “Cookie” into your computer. If you use Moji account to login to Moji bbs or other “MoWeather” services, we will read or configure one or more other Cookie. We will use these Cookies to operate “MoWeather” and provide you with better services. You can use your web browser settings to remove Cookies on your computer.
5. Information collection about Youths
Moji values the security of information collection and usage of young people very seriously. We suggest that any underage individual (16 or under) should obtain a written approval from the legal guardian (“the Guardian”) before participating in internet activities.
Before the Guardian agrees, Moji will not use youth personal information nor reveal any to third-party organizations, unless the purpose is to provide service to the youth. With the permission of the Guardian, Moji is allowed to collect youth personal data, but the Guardian has the right to refuse Moji from further collecting data from the youth, as well as the right to examine or remove the youth’s information. Moji will not request additional personal information as a prerequisite for participation in internet activities.
1. Any compensation request for damages or legal expenses, includes attorney’s fees, from third-party individual or organizations, due to user’s violation of this Agreement or related service regulations, should be settled by the user. The user should compensate Moji as well as Moji’s business partners and/or related companies to avoid further damages.
2. Any unavoidable or unexpected damages to the user due to third-party such as telecommunication company’s transmission failure, technical problems, internet or computer problems, system instabilities, etc. should not be compensated by Moji or any companies in cooperation with Moji.
3. Accidents beyond control (for example due to technical failures) causing the server fail to operate on a normal basis will be handled by Moji (and related companies) immediately and provide corresponding repairs, however, Moji (and related companies) will not be responsible for any damages to the user caused by the accident.
4. “MoWeather” service is the same as most other internet services, it might be influenced by factors including but not limited to inappropriate usage, internet quality, and social environment differences leading to security issues or harassment. User might get virus containing Trojan from downloading other applications or visiting such websites that will threaten the security of computing information and data, and therefore causing instability in using “MoWeather” services. User should strengthen internet security and protect user information, reinforce password security in order to prevent internet attacks.
5. The user should understand that since “MoWeather” services requires internet access, its stability may be influenced by many factors. Consequently, our service may not be able to provide its entire functionality due to risks rising from virus attacks, system instability, power outage, user location and other related technical, internet or transmission-related factors. The user is responsible for the risks mentioned above which will not be warranted by Moji. If messages cannot be read, send/received or sent/received incorrectly due to the above risks, Moji also will not be responsible for the consequences.
6. The user should understand that when using “MoWeather” services there are risks of being threatened, slandered, disgusted by contents or actions that may be illegal such as infringement of other people’s rights (including intellectual properties). These risks should be taken by the user instead of Moji as well. Moji and its business partners will not warrant anything either explicitly or implicitly, regardless of whether the conflict is related to information authenticity, merchantability, property rights or other risks and conditions. Moji will not be for any direct, indirect, consequential, punitive, accidental or special damages what so ever due to the above risks.
7. Moji-defined information contents include: plain text, software, audio tracks, photographs, video recordings, charts; all contents in advertisements. Moji will provide protection to users for commercial information that Moji provides along with all copyright, trademark ownership, and other ownerships and intellectual properties. Therefore, users are only allowed to use these information under the authorization from Moji and its commercial suppliers and are not allowed to duplicate, modify or edit these contents, or create content-related derived products.
8. Under any circumstances, Moji will not be responsible for any profit losses due to any indirect, consequential, punitive, accidental or special damages (although Moji may be notified of the possibility of the damage). Although this Agreement may contain terms that are self-contradicting, all possible warranty that Moji can provide will not exceed the amount of payment (if any) from you to Moji during your course of usage of “MoWeather” services.
9. Moji will not be legally responsible for the following:
（1） Moji requesting your personal information legally or by following government regulations
（2） Personal information leakage due to user revealing log in password to others, sharing log in account with others or any other non Moji-related causes will not be warranted by Moji
（3） Any conflicts due to usage of your personal information by third-party individual or organization following this Agreement or Moji’s other service regulations
（4） Website closures due to hacker or virus attacks or government supervisions
（5） Any consequences due to uncontrollable or unavoidable accidents
（6） Non-warranty conditions listed in this Agreement or Moji’s other service regulations
1. Intellectual property declaration
（1） “MoWeather” (the “Application”) is developed by Moji. All intellectual properties of the Application such as copyright, trademark, patents, trade secret, etc. and related content information, including but not limited to: text and its combinations, icons, images, charts, colours, user interface designs, interface frameworks, related data, printed materials or electronic documents are all protected under the Copyright Law, Trademark Law, Patent Law, Law of Against Unfair Competition of the People's Republic of China and other corresponding international law terms regarding intellectual property protections. Moji possess the ownership of the above mentioned intellectual properties excluding ones that are owned by third-party individual or organizations.
（2） The user is not allowed to carry out, deploy, transfer, or allow any third-party carry out, deploy or transfer Moji’s intellectual properties mentioned above for either profitable or non-profit purposes, without being given permissions from Moji.
2. The Scope of Authority of the Application
（1） The user is allowed to install, use, display and run this Application on one device for non-profitable purposes, but not for profiting purposes. It is not allowed to duplicate, modify, edit or hang-up running the Application, data generated and released to any PC end by the Application or data transferred between the client and the server while the Application is running, nor to create derived products, including but not limited to using plugins, regedit or any unauthorized third-party tools/services to connect to the Application and related systems.
（2） The user should not install the Application onto devices without Moji’s explicit install permission including but not limited to box, hand-held devices, phone, wireless devices, game machines, televisions or DVD players.
（3） Rights reserved: All other rights not explicitly authorized are reserved by Moji. Accessing other rights not mentioned in this Agreement should require written authorization from Moji.