Qingdao Magene Intelligence Technology Co., Ltd. and its related parties (hereinafter referred to as "Magene" or "We") like your photos and believe they will drive more people to feel the charm of cycling. If you post your content on social media and tag @mageneofficial or use hashtags #magene, #magenec406 or #wearemagenius (hereinafter referred to as "works"), Magene is likely to use your works. Magene hereby reminds you to carefully read and fully understand the terms of this Agreement. If you have any questions about this Agreement, please contact us at firstname.lastname@example.org and we will reply as soon as possible.
1. Presentation and submit. You represent and warrant that: (a) I am the sole legal copyright owner of the works provided and will not infringe upon the legitimate rights and interests of any other right holders (including, but not limited to, intellectual property rights, portrait rights, personality rights, reputation rights, and privacy rights); (b) The rights granted by me hereunder will not conflict with or violate any of my previous commitments and agreements; (c) Magene and its authorized partners do not need the consent of any other party to exercise their rights hereunder ; and (d) I am over eighteen years old, with full civil capacity to independently perform civil legal acts.
2. Licensed content. You hereby agree to transfer your copyright rights in the provided work to Magene free of charge, including but not limited to the right of modification, reproduction, distribution, exhibition, information network communication and transfer, and all other rights that should be enjoyed by the copyright owner except for the right of authorship. Magene reserves the right to sublicense, promote, edit, modify, add, delete, and create derivative works of your work on any media platforms (including social media websites) currently known or developed in the future through Magene's existing channels and the channels provided by third parties. Magene guarantees that your works will not be used for illegal purposes and that it will not infringe upon your legitimate rights and interests.
3. Right of portraiture. If your portrait is in yourworks, you, as the portrait owner, hereby voluntarily grant Magene the right to use your portrait free of charge (in, including but are not limited to, online channels like social media and official website, promotional materials such as peripheral products, packaging and leaflets, as well as television advertisements and other various forms of media release), which are not limited by geographical location, use frequency or authorization period. You still have the right to use the works provided for personal publicity and display, but you shall not authorize any other third-party enterprise, institution or individual to use the works for promotion and other commercial purposes.
4. Terms and conditions of the third-party social media forums will apply.Facebook®, Instagram®, Twitter®, YouTube®, TikTok® and other similar social media forums are registered trademarks of their respective companies and are not affiliated with Magene, for which Magene assumes no responsibility. Any content submitted through these forums or other similar social media websites shall be subject to the relevant rules formulated by them and applicable laws and regulations.
5. Deletion of works. If you request to delete your works from Magene’s social media platforms or Magene’s official website, please send an email to email@example.com. Contents of the email should include: 1) the subject line of the email should be edited to“Delete User Content”; 2) Screenshots of the first posting of the works on your social media platforms, written screenshots of the works you authorize Magene to use, or any other evidence that you are the author of the works; 3) your email address; 4) a clear copy of the works you want to delete, so that Magene can find the works; 5) the social media website or other websites that havethe works you want to delete (please attach the relevant link); and 6) your social media account name (if any), so that Magene can better locate the works. Magene will delete your works from Magene's social media account, Magene website and other channels referenced in your email based on actual situations after receiving and knowing your request.
6. You agree to indemnify and hold Magene and its partners and affiliates harmless from any claims, demands or damages, including but not limited to reasonable attorneys' fees, asserted by any third party as a result of or arising out of any copyright or other proprietary dispute relating to the works you provide.
7. You hereby warrant that you have not previously granted, and you agree not to grant a license to any other person for the work you provide that is identical or similar to these terms after agreeing to this Agreement by tacit consent.
8. This Agreement is subject to change. This Agreement may be updated by Magene from time to time. The updated terms and conditions shall replace the original ones once announced, without prior notice. You can check the latest version of the Agreement on this website. After Magene modifies the terms of this Agreement, if you do not accept the revised terms, please send an email to the email address specified in Article 5 hereof to indicate that you do not accept the revised terms and want to delete the works you provide. Otherwise, you will be deemed to have accepted the modified agreement.
9. In case of any provision hereof is invalid in part or in whole, it shall not affect the validity of the other provisions.
10. Dispute settlement. This Agreement is signed in Qingdao. The interpretation, validity and dispute settlement of this Agreement shall be governed by the laws of the People's Republic of China. In case of any dispute between you and Magene, it shall be settled through friendly negotiation. If negotiation fails, you hereby fully agree to submit the dispute to the Qingdao Arbitration Commission for arbitration.
11. Magene respects the legitimate intellectual property rights of others. If you reasonably believe that your intellectual property is being used on Magene's official website or social media platforms without your authorization, you can send an email to firstname.lastname@example.org. Magene is not responsible for the misuse of the information publicly disclosed herein by others. If you believe that any individual/company other than Magene and Magene's partners has stolen and used your works from Magene 's official channels, please report it to Magene in time.
12. You hereby acknowledge that you have fully read, understood and agreed to all of the above terms. Magene reserves the right of final interpretation and modification of the above terms and conditions.