Meitu Creator Platform Terms of Service

Welcome to the Meitu Creator Platform!

Attention: Before you (hereinafter may be referred to as “Users” or “the User”) begin reading and before deciding whether or not to accept the Meitu Creator Platform Service Agreement (this “Agreement”), Meitu Inc. reminds you to give special attention to the bold and underlined content in this Agreement. Users who are not yet of legal age should carefully read the contents of this Agreement in the company of a legal guardian and then decide whether or not to accept this Agreement. If you have any questions regarding this Agreement, or if you are unable to accept this Agreement, either in part or in whole, or if during the course of use you have a need to provide feedback to Meitu Inc. (including recommendations, complaints, reports, etc.), please contact us via: Email: mcp@meitu.com/legal@meitu.com.

1. Scope of this Agreement: This Agreement is made between you and Meitu and its affiliated companies (the “Affiliates”) where its related services may exist, and governs your use of the Meitu Creator Platform. Meitu Creator Platform is an official original content and template creation platform produced by Meitu Inc. Meitu and its Affiliates may update this Agreement at any time at their discretion in accordance with business, legal or policy factors. If you are unable to accept all or part of the provisions of any future updated version of this Agreement, you may contact Meitu Inc. Please cease the use of the Meitu Creator Platform prior to you reaching an agreement with Meitu.

2. Important Prompts and Content:

2.1 All work content on the Meitu Creator Platform, including but not limited to static images, designs, original content, video, music, templates, and 3D models (hereinafter “Works”) are created and uploaded by individual users. Meitu Inc. does not perform prior review on Works regarding their potential infringement on the intellectual property rights of others, personal rights, and civil rights. If your Work has to be authorized or approved by any owner of rights or entitled third parties, please acquire such authorization or approval before proceeding with creating or uploading such Work. The creation and uploading of a Work shall be construed as you having already acquired such necessary authorization or approval.

2.2 The intellectual property rights involved in the Works created by Users and uploaded to the Meitu Creator Platform belong to Users. You agree that such Works will be distributed among all products (or, “Meitu Products”) legally operated by Xiamen Hongtian Chuangshi Technology Co., Ltd. (or, “Meitu Inc.”) and its Affiliates (primarily, Xiamen Meitu Technology Co., Ltd.) for download and use by the users of Meitu Products. At the same time, you grant Meitu Inc. and its Affiliates a free of charge, non-exclusive, irrevocable, re-licensable, worldwide authorization to use your uploaded Works for the purposes of providing this service, optimizing the content of Meitu Products, entertainment and promoting this service.

2.3 You agree to authorize Meitu Products, as well as all users of Meitu Products, to carry out the reproduction (e.g., editing, original content substitution, etc.) of Works created and uploaded by you to the Meitu Creator Platform. If your Work is used in an unlawful manner, or in a commercial manner, by an individual Meitu Inc. product user, upon your having provided the relevant court order of investigation or letter of investigation by a law enforcement agency, Meitu will cooperate with you in the retrieval of relevant evidence, and all legal liabilities arising therefrom shall be the sole responsibility of that user.

2.4 If the content of the Works you create and upload infringe upon the lawful rights and interests of others, the Meitu Creator Platform maintains the right to take immediate and appropriate actions, including but not limited to: deleting the infringing Works, deleting your account, limiting your ability to post and/or permanently banning the account, issuing warnings, or taking legal action. If the aforementioned violating content has already been distributed among individual Meitu Products, then relevant complaint information will be synchronized to that specific product to carry out handling.

2.5 If you believe that content published on the Meitu Creator Platform has infringed upon or violated your relevant rights, in accordance with the provisions of the “Regulation on the Protection of the Right to Communicate Works to the Public over Information Networks”, please send to Meitu Inc. a notice of rights (you must provide proof of your identity, proof of ownership of rights, the URL to the specific infringement of rights and an explanation of the infringement of rights). In accordance with relevant legal provisions, Meitu Inc. will take measures to remove the relevant content. If you believe your work has not infringed upon the rights of others, you may provide Meitu Inc. with a written explanation following the aforementioned procedure (you must provide proof of your identity with your full name, proof of ownership of rights, the URL to the alleged infringement of rights, and any evidence against such claim). After verification of the facts involved, Meitu Inc. will restore removed works as needed.

2.6 Works that you have published to the Meitu Creator Platform may by selected for use by other users, and based on the degree of enthusiasm of users, your Works may be automatically displayed on the front page of the Meitu Creator Platform or on the relevant product page for each Meitu Inc. product.

2.7 If Meitu Inc. discovers that a third party has infringed upon the relevant rights of Works that you have uploaded to the Platform, you agree to authorize Meitu Inc. and its Affiliates to act in your behalf in regard to such infringement, including but not limited to: issuing warnings, complaints, taking legal action, settlements, negotiations, and other such measures. At the same time, when and where Meitu Inc. deems it necessary to do so, you are expected to cooperate as necessary, working in harmony with Meitu Inc. for the mutual maintenance of rights.

2.8 If your Works are distributed among the products of Meitu Inc., you are expected adhere to the rules of each product platform.

2.9 Meitu Inc. will issue to relevant incentives to you based on the volume with which your Works are saved or used, or their volatility (specific benchmarks and metrics are decided upon based on the Company's operation plans). The specific incentive system, accrual cycle and distribution channel are visible on the back-end of the Meitu Creator Platform, and Meitu Inc. has the right to alter the incentive policy as it deems appropriate and based on actual operating conditions.

3. Rights and Obligations of Creators

Creators are the Users who use the Meitu Creator Platform to create or upload and publish corresponding original content, templates, etc.

3.1 Account Registration

a) You ought to, by logging into the Meitu Creator Platform website or other Meitu designated means, use a mobile phone number to register a Meitu account (hereinafter referred to as “MTid”) to become a Creator. After the successful registration of a MTid, the corresponding registration information cannot be altered. Additionally, the MTid is non-assignable, non-conferrable and non-transmissible.

b) When registering a MTid, the phone number used should be one that you, the User, has a legitimate right to use, and should comply with the constraints of relevant agreements and regulations.

c) You may not use your MTid for any other purposes in violation of this Agreement. Otherwise, Meitu has the right to unilaterally restrict, suspend, or terminate the Service afforded to you at any time, and you may not use the Service again without Meitu’s consent.

d) The information used to register your MTid are the credentials used to log in and use the Service. You should take appropriate measures to maintain the security of passphrases and passwords used to access and manage the various functions and services of the Service. You bear personal liability for any and all losses or consequences resulting from lost or divulged passphrases and passwords because of improper security measures or other personal actions.

e) You represent and warrant that: the information used to register for a MTid for the Service is legitimate. The aforementioned information carried out during the course of the Service includes, but is not limited to, the following matters: matters such as registration of a MTid for this Service, submitting corresponding information and materials, and confirming and agreeing to relevant agreements and regulations, all of which are actions to be performed by you personally or someone authorized by you to do so, and all of which are binding upon you. At the same time, you assume full legal responsibility for all actions taken identifiable under the foregoing information.

f) If and when you discover that someone else has made fraudulent use of or stolen your MTid and password, or any other such situation without your legal authorization, you should, through a valid means, immediately notify Meitu (including, but not limited to, providing your identification information and relevant identification materials, relevant factual circumstances and your request, etc.). After receipt of your valid request and confirmation of your identity, Meitu will take measures corresponding to different situations. If the information you provide is incomplete, resulting in Meitu being unable to confirm your identity or Meitu being unable to determine your request, thus resulting in Meitu being unable to proceed or make a disposition in a timely manner, you shall bear personal liability for any loss caused to you. At the same time, measures taken by Meitu in response to your request will require a reasonable period of time. Prior to notifying Meitu and before Meitu takes action in response to your notification, Meitu bears no liability for any loss caused to you due to the actions of others.

3.2 Qualification Materials

a) You represent and warrant that: you bear liability for the authenticity, legitimacy, accuracy and validity of the data filled out and submitted by you; you shall update the information in a timely manner when it has changed; you possess the ability to perform the obligations and various actions under this Agreement; your performance of the relevant obligations and actions do not violate any legal document that is binding upon you. Otherwise, Meitu reserves the right to refuse or terminate the provision of the Service, and impose penalties upon the MTid in violation of the rules in accordance with this Agreement, and you shall be solely responsible for all resulting liabilities and all losses to third parties and to Meitu.

b) You represent and warrant that: you will submit authentic and accurate subject qualification materials as well as the contact person’s full name (designation), address (if any), mobile phone number, E-mail address (if any), and other relevant information for the use of the Service in accordance with the law and the requirements of Meitu.

c) You represent and warrant that: the Works uploaded by you to the Meitu Creator Platform are compliant with the provisions of relevant national regulations, that they do not violate any relevant regulations as well as relevant agreements or rules, and that they will not infringe upon the lawful rights of others. At the same time, Meitu reserves the right to require you to provide relevant rights certification documents, authorization documents, certificates of rights issued by competent agencies, and other such documentation, and you are expected to cooperate.

d) Meitu will only conduct a formal review of the materials and information you submit, and does not assume any liability or provide any warranty of any kind for your actual operating behavior. You are solely responsible for any external liability due to disputes with other users or third parties arising from your actions, and for any losses therefrom caused to Meitu, other users or third parties, you shall make compensation in accordance with the law.

3.3 Publishing Standards for Work Content

a) You shall not engage in any activity that includes, but is not limited to, the following violations of laws and regulations, nor shall you facilitate the following violations:

(1) Actions opposing the fundamental principles laid down in the Constitution;

(2) Endangering national security, leaking national secrets, subverting the national regime or undermining national unity;

(3) Conduct detrimental to the honor and interests of the state;

(4) Inciting racial hatred, discrimination or undermines racial harmony;

(5) Undermining national religious policies or promoting cults or superstitions;

(6) Spreading rumors, disturbing the social order or undermining social stability;

(7) Spreading obscenity, pornography, gambling, violence, murder, terror or the instigation of crimes;

(8) Insulting or slandering others or infringing upon the lawful rights and interests of others;

(9) Infringing upon the intellectual property rights, business secrets and other lawful rights and interests of others;

(10) Maliciously fabricating facts, concealing the truth to mislead or deceive others;

(11) Publishing, transmitting and disseminating advertising information and junk information;

(12) Other conduct prohibited by laws and regulations.

b) You shall not engage in any activity that includes, but is not limited to, the following, nor shall you facilitate the following activities:

(1) Deleting, concealing or altering any patent, copyright, trademark or other proprietary claims displayed or contained on the Meitu Creator Platform;

(2) Interfering with or attempting to interfere with the normal operation of any product, any part or function of Meitu, or producing, publishing or disseminating the aforementioned tools and methods;

(3) Without the written consent of Meitu, you shall not use in your Works any Meitu trademarks or identifiers, including, but not limited to “Meitu”, “MeituPic”, “Meipai”, “BeautyCam”, “BeautyPlus” or any variations, abbreviations, or alternate renderings thereof;

(4) Circumventing, attempting to circumvent or claiming to be able to circumvent any content protection mechanism, causing users to believe they are directly interacting with the Meitu Creator Platform as well as relevant Meitu Products;

(5) Use of Meitu's URL addresses and technical interface in any form, without the written consent of Meitu.

(6) Providing any information about a user through displaying such information, or in any other form making such information available to any other user or other party, without the approval of the user.

(7) Requesting, collecting, soliciting or otherwise obtaining the user phone numbers, E-mail addresses, or other Meitu services login accounts, passwords or any other authentication credentials;

(8) Providing proxy authentication credentials for any user to automatically log in to the Meitu Creator Platform;

(9) Providing tracking functions, including, but not limited to, monitoring the operational behavior of other users (e.g., tracking personal homepage views and clicks)

(10) Automatically redirecting browser windows to other web pages;

(11) Unauthorized access to products or services on the Meitu;

(12) Providing applications that contain computer viruses, Trojan horses or other malicious programs and any other content that may endanger the rights and interests of Meitu or users and may endanger terminal information security;

(13) Setting up any function or publishing any content that violates relevant laws and regulations, public order and social morals, etc.;

(14) Openly expressing or implying that there is a partnership relationship between you and Meitu, including but not limited to mutual shareholding, a business relationship or cooperative relationship, or claiming that you have the approval of Meitu;

(15) Filling in and submitting account registration and Creator verification information in violation of the provisions of this Agreement, or providing Creator verification information inconsistent with your registration information, or your operating behavior that is unrelated to the identity disclosed in your registration or Creator authentication information;

(16) Other conduct and/or content that Meitu deems undesirable and/or inappropriate;

c) Third-party software or technology may be employed in the Service, if used, you shall conscientiously abide by the agreements and regulations of such third-party software. Any dispute arising from the use of third-party software or technology in the Service shall be settled by such third party.

3.4 Legal Liability

a) You represent and warrant that: your use of the Service, as well as any of your actions, will not infringe upon the lawful rights and interests of others, and will not be in violation of any relevant laws and regulations, this Agreement and related agreements or regulations.

b) You understand and agree that: if Meitu discovers, either on its own or through information from a relevant department or a complaint from a rights holder, that you may have infringed upon the lawful rights and interests of others or have violated laws and regulations or the provisions of this Agreement, Meitu reserves the right to judge independently whether you have infringed upon the lawful rights and interests of others based on the general understanding of common people. If Meitu determines that you have infringed upon the lawful rights and interests of others, Meitu reserves the right to unilaterally take one or more of the following measures at any time:

(1) Require you to immediately change or modify the related content of the aforementioned infringing Works;

(2) Take measures such as restricting user access to the Work or Works under your name that are in violation of the aforementioned representation and warranty;

(3) Remove or take down the Works that infringe upon the lawful rights and interests of others, until the termination of your use of Meitu Creator Platform services;

(4) Hold you legally liable;

(5) Make your actions known to the public;

(6) Freeze the earnings in your Meitu Wallet related to the use of the Service (Meitu reserves the right to request a refund if related earnings have already been paid out);

(7) Other measures that Meitu deems appropriate.

c) If Meitu, in accordance with the aforementioned terms, other provisions in this Agreement or as stipulated by the law regarding your violation, takes any action or measures against you or your Works, you shall bear sole responsibility for all resulting disputes and liabilities, and you shall solely and completely responsible for any loss caused to you and also be held fully liable for any loss incurred by Meitu, its Affiliates or others.

4. Meitu’s Rights and Obligations

4.1 All content on the Meitu Creator Platform is uploaded independently by users. Therefore, Meitu is unable to guarantee that there will not be the emergence of Work form other Creators that competes with your Work on the Meitu Creator Platform.

4.2 Meitu reserves the right to explain to other users that Works have been uploaded by you and that you provide customer service to users by means of, including but not limited to, introducing the Work and download page, etc.

4.3 Meitu may transfer all or any part of its rights and obligations under this Agreement to its Affiliates or third parties. If do not agree with such a transfer of rights and obligations by Meitu, then you have the right to cease using the services under this Agreement. Otherwise, it will be deemed as your having accepted such a transfer.

4.4 Except as otherwise agreed to, neither party shall be obligated to pay any fees for the rights enjoyed under this Agreement.

4.5 You understand and agree that: in order to promote your Works to additional Internet users, you grant Meitu a free of charge, irrevocable, non-exclusive usage license for all content you publish on the Meitu Creator Platform. Meitu reserves the right to take the following actions without the need to obtain your consent:

a）Advertise and promote the Works in a variety of forms on platforms and websites outside of the Meitu Creator Platform;

b）Meitu may, based on overall operational arrangements, and as it chooses to do so, make all or part of your Work available to Internet users;

c）Based on the functional design of other products under the Meitu brand, Meitu may use images, concepts, names, images and other original content from your Work in order to advertise and promote Works, or in order to provide Meitu users with more diverse scenarios, not limited to community sharing scenarios and image processing scenarios.

5. Declaration of Special Circumstances

5.1 You understand and agree that: in consideration of the special nature of Internet services, based on the overall operational circumstances or related operating norms and rules, Meitu reserves the right to change, suspend or terminate some or all of its services, at any time, and without the need to notify you.

5.2 You understand and agree that: in order to provide you with comprehensive services, Meitu reserves the right to periodically or occasionally overhaul, maintain, or upgrade the platform or related equipment on which the Service is provided, and that such circumstances may result in the interruption or suspension of relevant services for a reasonable period of time.

5.3 You understand and agree that: Meitu services are provided based on the status quo of available technology and conditions. Meitu will do its utmost to provide you with services and ensure the consistency and security of services. However, Meitu is unable to guarantee that the services it provides are free of all defects. Also, Meitu is unable to at all times foresee and protect against legal, technical and other risks, including but not limited to force majeure, viruses, Trojan horses, hacker attacks, system instability, third-party service defects, government actions and other potential causes of service interruption, data loss and other losses and risks. Therefore, you agree that: although there exist flaws in services provided by Meitu, the aforementioned defects are unavoidable based on the existing industry technical standards, and they do not constitute a violation by Meitu.

5.4 You understand and agree that: during the course of use of the Service, the Service may be interrupted by risk factors such as force majeure. Force majeure refers to unforeseeable, insuperable and unavoidable objective events that have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plagues, epidemics and storms, etc. as well as social events such as wars, civil unrest, government actions, etc.

5.5 You understand and agree that: should services be interrupted or disrupted as a result of the following, thus causing loss to you, you agree to waive the pursuit of any liability on the part of:

a）Any damage from computer viruses, Trojan horses or other malicious software, or hacker attacks;

b）Any failures on the part of your or Meitu's computer software, systems, hardware or communication lines;

c）Improper operation on your part;

d）Your use of the Service in a manner not authorized by Meitu;

e）Other circumstances not under the control of or reasonably foreseeable by Meitu.

5.6 There is an exemption for Meitu in the emergence of any content in clauses 4.1 through 4.5. Yet and still, Meitu will seek to fix or remedy the problem as soon as possible and within the limits of its ability to do so, so as to minimize losses to users.

6. Suspension or Termination of Services

6.1 If you inform Meitu in writing that you do not consent to this Agreement or its revisions, you reserve the right to cease the use of the Service.

6.2 If, due to force majeure, you are unable to continue using the Service or Meitu is unable to provide the Service, Meitu reserves the right to terminate this Agreement at any time.

6.3 Upon the occurrence or realization of any other conditions for suspension or termination agreed upon in this Agreement, Meitu reserves the right to suspend or terminate the Service it provides to you at any time.

6.4 After Meitu has terminated the provision of the Service to you as a result of your violating the conditions of this Agreement, should you subsequently directly or indirectly, or in the name or others, register to use the Service, Meitu reserves the right to directly and unilaterally suspend or terminate the Service.

6.5 If there are changes in Meitu’s operational strategy, and services related to the Meitu Creator Platform are no longer provided, then Meitu reserves the right to unilaterally terminate the Service.

6.6 Should this Agreement or the Service be terminated for any reason, for content in your account has already been published and uploaded, and that you have not chosen to delete, then Meitu may continue to retain such information and make it available for download and use by other users.

6.7 Should this Agreement or the Service be terminated for any reason, you should take steps to backup data and other information and handle matters related to your users (i.e., Meitu users who use the Works you provide). You bear responsibility for any loss caused to Meitu as a result.

6.8 Your Works downloaded by users during the term of this Agreement or Service may be used by such users perpetually. The termination of this Agreement or the Service does not impact the use of Works already downloaded by users. If your Works are no longer available for download and use by Meitu users, due to the expiry of copyright licensing or dispute over ownership, so that Meitu may handle the matter, you must notify Meitu in a timely manner through a means stipulated in this Agreement.

7. Regarding Notifications

7.1 Meitu may deliver various rules, notices, prompts and other information about the Service to you through one or more of methods, such as webpage announcements, webpage prompts, E-mails, mobile phone messages, regular mail delivery, and internal mail sent from the management system of the Service account registered by users. Once such information is published or sent by Meitu in any of the aforementioned manners, it shall be deemed that you have accepted and consented to it and it shall be binding upon you. If you do not accept, please notify Meitu in writing. Otherwise, it will be deemed that you have accepted and agreed to it.

7.2 If you fail to receive the relevant rules, notices, prompts and other information due to errors or changes in the E-mail address, mobile phone number and mailing address provided by you, you consent that you shall still be deemed to have received the relevant information and be bound by it, and all consequences and responsibilities shall be borne by you.

7.3 If you have matters that you need to notify Meitu of, you shall notify Meitu in writing at the contact information officially published by the Service.

8. Intellectual Property Rights

8.1 Information and contents provided by Meitu through this service (including but not limited to web pages, text, static images, audio, video, figures and charts, template creation tools, and original content) are intellectual properties of Meitu, its Affiliates, or partners. Unless otherwise expressly stated, Meitu or its Affiliates legally own the copyrights, patents and other intellectual rights of the software used for providing the Service. The copyrights or trademark rights of commercial marks used by Meitu Inc. in the provision of the Service, such as “Meitu”, “the Meitu App”, “Meipai”, “BeautyCam”, “BeautyPlus”, are owned by Meitu or its Affiliates. The aforementioned and any other intellectual property rights legally owned by Meitu shall be protected by law. Without the written consent of Meitu, users shall not use or create derivative works in any form. Any information or content downloaded and used by you from the Service may be used by you for the purpose of your personal entertainment, learning, research or appreciation only, and may not be used for any commercial purposes without the written consent of Meitu or the relevant rights holder.

8.2 You only have the right to use the Service legally, and in accordance with this Agreement, and all rights related to the Service, such as copyrights, patents, belong to Meitu. Without the written consent of Meitu, you shall not use it in breach of this Agreement or in violation of the law.

9. Governing Law and Dispute Resolution:

This Agreement is established, enters into force, and shall be enforced and interpreted under the law of the People’s Republic of China of mainland China, without regard to its conflict of legal provisions. Any disputes arising hereunder shall also be resolved in accordance with the law of this jurisdiction. This Agreement is entered into force in Siming District, Xiamen, Fujian Province, People's Republic of China. You agree to submit any dispute between you and Meitu or any of its Affiliates to the people’s court with jurisdiction in the place where this Agreement has been entered into for exclusive jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and binding upon you and Meitu.

10. Definitions and Miscellaneous

10.1 “Meitu Creator Platform” refers to the Meitu owned, controlled and operated Meitu Creator Platform website (mcp.meitu.com) and the subordinate pages of the website, hereinafter referred to as the “Meitu Creator Platform”, or “Platform”.

10.2 “Meitu, Inc.” refers to Xiamen Meitu Technology Co., Ltd. 

10.3 “Creator” refers to an individual, legal entity, or other organization who, after valid registration and application, uploads original and rights-holder-authorized Works through the Platform for download and use by Meitu users.

10.4 “Rights holder” refers to an individual, legal entity, or other organization who owns the copyrights to a Work and authorizes the Creator to upload the Work through the Meitu Creator Platform.

10.5 Both Meitu and Creators understand and agree that:

a）The Meitu Creator Platform is a neutral platform, and that under this Agreement, only upload services and relevant neutral technical support services are provided to Creators’

b）The Works of Creators are created by the Creator or the rights holder and they independently assume complete responsibility. Meitu will not, and is not able to, participate in activities such as the design and creation of any Work;

c）The Creator shall bear sole responsibility for any dispute or liability arising from the Works of the Creator, and for any consequence resulting from the Creator's violation of relevant laws and regulations or provisions of this Agreement. Meitu is not liable for any such consequences. The Creator shall bear complete responsibility and compensate all losses for any infringement upon the rights and interests of Meitu or others.

d）“Meitu Creator Platform operational data” refers to relevant date generated by Users and Creators in their use of Meitu Creator Platform services, including but not limited to data submitted by the Users and Creators, data formed through operational actions and various transactional data. All rights to “Meitu Creator Platform operational data” and other related rights are owned by Meitu, and are Meitu's trade secrets, with the exception of the legitimate rights of users.