The Theme app and its related technologies and functions (collectively, the "Services") are provided and operated by Transsion Limited, a company incorporated under the laws of China and registered office at No.1 Building, No.433 Guoshoujing Road, Pudong District, Shanghai(hereinafter referred to as "Transsion", "we", "us" or "our"). In this Agreement (as defined below), "you" or "user" refers to any individual that uses and/or accesses the Services.
This User Agreement, our Statement of Transsion Themes and Privacy (you can view the relevant Privacy Notice and Statement by going to Me > Settings > About us in the app), and other policies and information published or made available through the Services (collectively, the "Agreement") are the terms and conditions applicable to you with use of, and access to, the Services. The Agreement tells you who we are, how we will provide the Services to you, what we expect from users of the Services, what activities are permitted or not permitted, on or in connection with the Services, what to do if there is a service issue, and other important information.
Please read the Agreement carefully. By accessing or using the Services, you are entering into a binding legal agreement with us and are agreeing to the Agreement. If you do not accept and agree to the Agreement, you must not access or use the Services. If you have questions regarding the Agreement or other policies and information published or made available through the Services, please contact us using the contact information below.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, subject to, and in accordance with, the Agreement. You are responsible for making all arrangements necessary for you to access the Services, including providing your own payment method, compatible devices, console or platform, and Internet access, as well as ensuring that all persons who access the Services through your compatible devices, console or platform, and Internet connection acknowledge, agree to and comply with the Agreement. Some Services are associated with your Transsion ID and you need to log in to your Transsion ID account in order to use them. Transsion ID is your unique user account which may be used to access all Transsion services, including Transsion Themes, Transsion wallpaper, TranssionFont, Transsion instantapp, Transsion Videoshow and other Transsion mobile services. For more details about your Transsion ID, open Transsion ID and go to Settings > About > Transsion ID User Agreement.
After logging in to your Transsion ID, you can browse, search, download, use, share, purchase, update, collect, and rate/like themes, wallpapers/live wallpapers, and fonts, as well as manage local themes, wallpapers/live wallpapers, and fonts in Transsion Themes. (The actual services offered may differ slightly between different app versions.) If you have not logged in to your Transsion ID, you can still browse, search, and share themes, wallpapers/live wallpapers, and fonts, as well as manage your local themes, wallpapers, and fonts. Due to copyright restrictions and other applicable laws and regulations, some themes, wallpapers/live wallpapers, and fonts may not be available in the region/country you reside. In order to provide live themes services including the display and download of live wallpapers or live lockscreens, Transsion Themes may need to cooperate with certified third-party suppliers.
EU cancellation rights: If you are resident in a European Union (EU) country, you can choose to cancel your purchase without any reason within fourteen (14) days in accordance with relevant laws. However, this is not applicable to paid themes. Our contractual liability is deemed to be performed upon your successful payment and download of our paid themes. Therefore, the 14-day cancellation right does not apply to paid themes. You will be charged for your use of some Services. Please comply with relevant provisions if you wish to use the charged services. We may begin charging for services currently provided for free. We may also make adjustments or updates to the price and details of paid Services. This does not affect your downloaded content. Please check regularly for the price update for the online themes. Your purchase and payment are deemed to be your acceptance of the price. We shall inform you or announce the aforementioned changes before they are implemented. If you do not agree to any of the aforementioned changes, you should stop using the Services.
You must keep your Transsion ID username and password, Transsion In-App-Purchase (IAP) password, transaction password, bank card or credit card information, login information, computer/mobile phone/other mobile devices and SIM card information (hereinafter collectively referred to as " Account and Transaction Information") secret and confidential, and you must not share them with anyone else. We recommend that you choose a strong password and keep it in a safe place. You are responsible for keeping your password safe and shall bear any losses and liability incurred as a result of providing your Account and Transaction Information to a third party. If you think that someone else might be using your Account and Transaction Information, you must let us know immediately using the contact information provided in Section 24. You should also immediately change your password. You must not use anyone else's Transsion ID to access the Services. You must take appropriate steps to protect your Account and Transaction Information to prevent unauthorized use by third parties.
By accessing and using the Services, you undertake and agree to do so in a legal and ethical manner and in accordance with the Agreement. You hereby acknowledge and agree that you shall not use the Services to transmit material, or otherwise engage in any activity, that is dishonest, defamatory, tortious, harmful, obscene, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, unlawful, profane, pornographic, invasive of privacy or otherwise objectionable in relation to your use of the Services including without limitation, anything that facilitates illegal activity, depicts sexually explicit images, promotes violence, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability under applicable law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or third-party intellectual property rights. Except as expressly set out in the Agreement or as permitted by applicable laws, you hereby agree and undertake: (a) Not to remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) Not to reproduce, make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other programs; (c) Not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks; (d) Not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Services, or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law; (e) Not to distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services; (f) Not to provide or otherwise make available the Services in whole or in part (including object and source code), in any form to any person without our prior written consent; (g) Not to impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) Not to use the Services (or any part(s) thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, including without limitation, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services (or into the websites linked to the Services) or any operating system; (i) Not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Services; (j) Not to commercially exploit the Services without our prior written consent; (k) Not to use the Services to engage in any illegal business transactions, such as selling firearms, drugs, illegal substances, pirated software or other prohibited items; (l) Not to provide gambling information to encourage others to gamble through any means; (m) Not to solicit login information or access an account belonging to someone else; (n) Not to engage in money laundering, illegal cash advances, or pyramid selling schemes; (o) Not to attempt, facilitate or encourage any violations of the Agreement (or any part(s) thereof); (p) Not to use the Services in any manner which could damage, disable, overburden, impair or compromise the Services, our systems or security or interfere with other users or any other party's computer systems or hack or gain unauthorized access to the Services or Our Content (defined below) or data.
We and/or our licensors, retain all right, title and interest in and to the information (in any form including without limitation text, graphics, video and audio), images, icons, apps, designs, software, scripts, programs, copyright, trademarks, trade names, logos, and other materials and services available on or through the Services, including their looks and feels (collectively, "Our Content"). You should note that Our Content is protected by copyright, trademark, database rights, unique rights and other intellectual and industrial property laws (as the case may be), under national laws and international treaties. Your access and/or use of any of the Services does not transfer to you or any other person any ownership or other rights in or to the Services, or their contents, unless otherwise specified in the Agreement. You may not make alterations, copies, extractions, modifications or additions to Our Content, or sell, copy, disseminate or license it, or misuse Our Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use any of Our Content, you must contact us in advance and obtain our prior written permission except if otherwise expressly provided in the Agreement. This is without prejudice to any rights you may have under applicable mandatory laws. If you believe that the Services or any part of the Services infringes any copyright, trademark, patent, trade secret or other intellectual property right, or if you have other concerns regarding the Services, please notify us using the contact information provided in Section 24.
We do not claim any proprietary rights in the text, files, images, photos, works of authorship, or any other materials which you upload, post, email or otherwise transmit to or via the Services (collectively, "Your Content"). You continue to retain all ownership and/or license rights in Your Content. You are fully responsible for Your Content. By transmitting Your Content on or through the Services, you represent and warrant that you are authorized to do so and our use of Your Content in accordance with the license mentioned below, does not violate any law or third-party rights. You grant us a non-exclusive, royalty-free, fully paid-up, worldwide, irrevocable, transferable and sub-licensable license to use, modify, publicly perform, publicly display, reproduce, distribute, and translate Your Content as we may, at our discretion, choose to do, in order to provide the Services. You hereby irrevocably and unconditionally waive any (and warrant you have procured the waiver of any third party) moral rights (and any rights of the same or similar effect anywhere in the world existing now or in the future created) relating to Your Content in favor of Transsion and its assignees, licensees and designees. To the extent any of Your Content contains personal data, we will use it in accordance with our Statement About Transsion Themes and Privacy.
You acknowledge that we have no obligation to monitor your (or anyone else's) access to or use of the Services for violations of the Agreement. However, we reserve the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Agreement and to comply with applicable law or any order or requirement of a court, consent decree, administrative agency or other governmental body. We reserve the right to decide at any time whether Your Content is appropriate and in compliance with the Agreement, and may pre-screen, move, refuse, modify, and/or remove Your Content at any time, without prior notice and at our sole discretion, if Your Content is found to be in violation of the Agreement or is otherwise objectionable in any way.
We may communicate with you regarding the Services by electronic communications using information you provided during the creation or updating of your Transsion ID. You agree that we may communicate with you by means of electronic communications regarding the Agreement and any other matter relating to your access and use of the Services. E-mail and other methods of transmitting information over the Internet are subject to interference or scrutiny by third parties and should be independently verified. We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you.
In order to provide you with a more robust service and help ensure the security of your transactions, we will collect and process your information and technical data in accordance with our Statement About Transsion Themes and Privacy.
The Services are for your sole use only and must not be used by any third party. You agree that we and our parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors and distributors (collectively "Transsion Parties") are not liable for any loss caused by any unauthorized use of the Services. The Transsion Parties are not responsible for maintenance or other support services for the Services. Your use of the Services may be interrupted, delayed or disrupted for an unknown period of time for reasons that are beyond our control. The Transsion Parties will not be liable for any claim arising from or related to such interruption, delay, disruption or similar failure. To the maximum extent permitted by applicable laws in your jurisdiction, the Transsion Parties are not liable to you or to anyone else for any liability, loss, damages or compensation if you are unable to access or use the Services due to: (a) Any suspension or termination of the Services by us to enable maintenance work or updates to systems, software or hardware to be carried out; (b) Any delay or failure of a system or network communication that is owned or controlled by someone other than us; (c) Any suspension, cancellation or termination of any contract or other arrangements between us and any of our third-party payment service providers; (d) Any errors or interruption due to hacker attacks or similar security breaches; (e) Any other reason beyond our reasonable control. The Services are provided "as-is" and on an "as available" basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable law in your jurisdiction, the Transsion Parties disclaim all warranties, conditions or other terms of any kind, express or implied, and make no guarantee, undertaking, representation or warranty: (a) in connection with the completeness or accuracy, reliability or timeliness of any of the content made available on or through the Services; (b) that the Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs or other harmful elements; (c) that any defects in the operation or functionality of any Services will be corrected; (d) in connection with the specific functions of the Services, the reliability, quality or accuracy of any information obtained by you as a result of your use or access of the Services; (e) in connection with the security or error-free nature of the Services; (f) in connection with the Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs or achieve certain results or outcomes. The Transsion Parties are not liable for any loss or damages caused in whole or in part by relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access and/or use of the Services. The laws of some countries do not allow certain warranties, guarantees or liabilities to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights. Nothing in the Agreement affects your legal rights that you are legally entitled to as a consumer and which you cannot contractually agree to alter or waive.
To the maximum extent permitted by applicable law in your jurisdiction, your access to and use of the Services is at your sole risk and the Transsion Parties expressly exclude all liability, loss or damages incurred by you, or any other person, whether in contract, tort (including negligence) or under any other theory, for any of the following: (a) loss of profits, income, revenue, data or goodwill; and (b) special, indirect or consequential loss or damage. The limitations and exclusions in the Agreement will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising. If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to stop accessing and using the Services. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable law in your jurisdiction, in no event will the Transsion Parties' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence) or under any other theory exceed € 50.00. You acknowledge and agree that the disclaimers and limitations of liability expressed in the Agreement are fair and reasonable. The laws of some countries do not allow certain warranties, guarantees or liabilities to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights. Nothing in the Agreement affects your legal rights that you are legally entitled to as a consumer and which you cannot contractually agree to alter or waive.
To the maximum extent permitted by applicable law in your jurisdiction, you will hold harmless and indemnify the Transsion Parties from any claim, suit or action arising from or related to: •Your Content; •Your use of the Services; •Your violation or breach of the Agreement or any of applicable EULA; •Your infringement of third-party intellectual property or any other rights; •Similar actions or violations by any person using your Transsion ID, including in each instance any liability, damages, expense, litigation costs and lawyer's fees arising from such claim, suit, or action, including any claim for negligence. You undertake and agree to promptly assist and cooperate as fully as reasonably required by any of the Transsion Parties in the defense of any such claim or demand. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You can terminate relevant services you log in to by deleting your Transsion ID in your account settings.
Subject to applicable laws, we may temporarily or permanently suspend, cancel, impose limits on, or restrict your access to parts or all of the Services at any time, without assuming liability for any individual or third party. We will endeavor to provide notice to you before we do this. However, we may not provide prior notice to you, and may immediately, permanently or temporarily, impose limits on, cancel, suspend or restrict your access to parts or all of the Services in the following circumstances: (a) If you violate, or we believe you are about to violate, the Agreement, including any incorporated agreements, policies or guidelines; (b) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides us with any false or misleading information; (c) In response to requests by law enforcement or other government agencies under valid legal process; (d) In order to carry out urgent maintenance work or urgent updates to systems or hardware; (e) Due to unexpected technical, safety, business or security reasons. Any user whose use of or access to the Services has been suspended, terminated or deactivated by us may not create a Transsion ID or access the Services without our prior written consent. The expiry or termination of the Agreement does not affect the provisions of the Agreement that are expressed to operate or have effect after deactivation or termination and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such deactivation or termination. Transsion reserves the right to delete any data associated with your account in the event the account remains inactive for twelve (12) consecutive months. Sections 14, 15, 16, 17, and 21 and any other provisions which by their natures are intended to survive termination or expiry, shall survive termination or expiry of the relationship between you and us.
We are constantly innovating, changing and improving the Services. We may add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop one of the Services. We will inform you a reasonable amount of time in advance of any changes to the Services that will materially disadvantage our users or materially limit the access or usage of the Services. We may not tell you beforehand about modifications to the Agreement or changes to the Services that do not materially disadvantage the users or do not materially limit the access or usage of the Services. For changes to the Services that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to meet the aforementioned timescales and we will update you about these changes as soon as practicable.
We can make changes to the Agreement at any time and post additional specific terms, codes of conduct or guidelines that govern a particular part, parts or all of the Services. The most recent version of the Agreement will be accessible in the Services and you should regularly check for the most recent version, as the most recent version is the one that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. For modifications to the Agreement that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to meet the aforementioned timescales and we will update you about these as soon as practicable. If you continue to use the Services after the changes become effective, you will be deemed to have accepted those changes. If you do not agree to these changes, you must end your relationship with us by ceasing to use the Services. Any amendment, variation or modification to the Agreement you purport to make shall not be binding on us.
The Agreement and the documents incorporated by reference constitute the entire agreement between you and us with respect to your access to and use of the Services. The Services, or third parties may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resources. The disclaimers, limitations and exclusions of liability, and indemnity provisions in the Agreement survive indefinitely after the expiry or termination of the Agreement. Nothing in the Agreement shall be construed to create a partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other. We are not liable for any failure or delay in performance of our obligations under the Agreement or the provision of the Services that is caused or contributed to by matters beyond our reasonable control. You may not assign or otherwise transfer any of your rights or obligations under the Agreement without prior written consent from us, and any attempted assignment or transfer without such consent will be void. We may assign, sub-contract or novate any of our rights and/or obligations under the Agreement and you agree to promptly execute any and all documents necessary or desirable for that purpose. If you breach the Agreement and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Agreement. If any provision (or part of a provision) of the Agreement is found by a court of competent jurisdiction or any other competent authority to be void, invalid or unenforceable, it shall be deemed to be deleted from the Agreement and all other provisions of the Agreement remain in full force and effect to the extent that the remaining provisions are capable of standing without the provision ruled void, invalid or unenforceable.
The formation, interpretation and operation of the Agreement and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland. Except as otherwise provided by applicable law, you and we agree that the courts of Ireland have exclusive jurisdiction to hear and determine any disputes, claims, actions or proceedings that may arise out of or in connection with the Agreement. However, this does not prevent us from instituting proceedings outside of Ireland. You will also benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in the Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. The European Commission provides an online dispute resolution platform, which you can access at http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us.
If you have any questions regarding the Agreement, please contact us using the following information: xoslauncher2016@gmail.com