v2: Effective date: November 1, 2018
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Pujie Black mobile application (hereinafter referred to as the "Service"), which includes the Pujie Black Cloud Library (hereinafter referred to as the "Cloud Library"), operated by Pujie ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our Pujie Black mobile application (the "Service").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Service is the Pujie Black mobile application operated by Pujie.
Cloud Library is the optional Pujie Black Cloud Library operated by Pujie. The Cloud Library is embedded in the Pujie Black mobile application and is only accessible with a user account and a paid subscription (after a limited free trial).
Item or Items
Item refers to any type of item which can be stored or shared using the Service. Specifically these items include, but are not limited to, watch face presets, watch parts and widget presets, comments and reports.
A Public Item is available to all users of the Cloud Library.
A Private Item is only available to the owner of the Item.
A Local Item is only stored on the device of the owner and thus only available to the owner of the Item.
The Cloud Library is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a quarterly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Pujie cancels it. You may cancel your Subscription renewal either through your online account management page in the Google Play Store at https://play.google.com/store/account/subscriptions or by contacting the Pujie customer support team.
For payments processing and management of your subscription we use the third-party service:
Google Play In-App Payments
Their Terms of Service can be viewed at https://policies.google.com/terms
Pujie may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
At any time and without notice, Pujie reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such a Free Trial offer.
Pujie, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Pujie will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material ("Content" or "Items"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
The Cloud Library makes a clear distiction between Local, Private and Public Items.
By posting Public Items to the Service, you grant us the right and license to: (i) use, modify, publicly perform, publicly display, reproduce, and distribute such Items on and through the Service, and (ii) to make the Item available to all users of the Service, who may also use your Item subject to these Terms.
By posting a Private or Public Item or any other Content to the Cloud Library you represent and warrant that: (i) the Item is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Item on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or institution, and (iii) the posting of your Item on or through the Service does not contain any sexually explicit, unlawful, racist, hateful, obscene or discriminatory content.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
Pujie, in its sole discretion and at any time may choose to remove your Items or any other Content from the Service, either by making it Private or by removing it from the Service, whenever it sees fit. Subsequent failure to comply to the Terms may result in being banned from the Cloud Library without any refunds of paid Subscription fees.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Pujie and its licensors. The Service is protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pujie.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Pujie.
Pujie has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Pujie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In no event shall Pujie, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Pujie its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Netherlands, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms and Conditions, please contact us: