Terms of Use and Privacy Policy

         Please read carefully and use, thank you

 

Welcome to use Around+ and relevant services of SmartDream

You must read and comply with the Agreement on Software License and Service of SmartDream (hereinafter referred to as the Agreement), the SmartDream Service Agreement to use SmartDream(hereinafter referred to as the Software) and relevant services. Please carefully read and fully understand the content of each term, in particular the terms with respect to exemption or limitation of liability,and any separate agreement to activate or use some specific service, and choose to accept them or not.

You are not authorized to download, install or use the Software and related services unless you have read and fully understand and accept all the terms of this Agreement. By clicking "Agree", "Next" or your download, installation, use, login, etc., or by any other default means of accepting this Agreement, you are deemed to have read and agreed to be bound by this Agreement. If you do not have full civil capacity due to factors such as age or intelligence, please read this agreement and other above agreements accompanied by a legal guardian and determine whether you agree to the terms of this agreement.

If you are a user outside of mainland China, your conduct or performance of this Agreement and the use of the Service must also comply with the laws and regulations of your country or region.

I. Collection and Use of Information

1.1In order to provide services, improve software performance and interface, recommend new features/new products, etc. by creating accounts, identifying users, responding to queries and emails, SmartDream will ask you to provide personal information (including but not limited to your name, phone number, email address, etc., and collect other information related to you (including but not limited to device information, log information, location information, and other similar feature records).

1.2 SmartDreams User Experience Improvement Program is based on statistics on usage data to diagnose system problems and optimize product experience. We use statistical tools to calculate the data you generate during the process of using the software developer's products. In the User Experience Improvement Program, we will only aggregate the total usage data of all users, and will not include or upload any content that relates to your personally identifiable information. The foregoing statistics include but are not limited to: application start-up number, page access number, key button clicks, setting item configuration attributes, and the like. As the subsequent version of the software developer's product is upgraded, the scope of our statistics will change. Your download/installation/use of subsequent versions of the software developer's product will be considered your consent to the relevant changes at that time.

1.3 SmartDreams products and services may contain links or information about third-party products and/or services. If you fill out your personal information on another platform or submit/post it through a third-party program, that party may be notified of your information. This third-party application may have its own privacy policy, please review it carefully and carefully consider it before providing personal information. This Privacy Policy does not apply to third parties' collection of information by you. SmartDream has no control over the actions of third parties and therefore does not assume any responsibility for the collection or use of your information by third parties.

1.4 The Software Developer will strictly abide by the relevant laws and regulations and the contents of this Privacy Policy to collect and use your information. The specific staff of the software opener will not ask you for personal information directly unless you have the authorization file issued by the software developer. In this case, you can contact the software developer directly.

 

II. Disclosure of Information

2.1 Unless exceptions are specified in laws and regulations, government requirements or this privacy policy, SmartDream will  preserve properly your information and not disclose it.

2.2 You hereby authorize SmartDream to disclose your information to third parties in the following circumstances without having to obtain your consent:

2.2.1 If the information disclosed by SmartDream is used to identify, contact or bring a lawsuit against the rights or property of the SmartDream, the website user or any other person (including any other person's rights and property).

2.2.2 SmartDream provides personal information to SmartDreams associates or other cooperating enterprises or individuals so that they can represent/assist the software developer in processing the information. SmartDream requests the above parties to agree to process the information in accordance with SmartDreams Regulations, the Privacy Policy and the relevant laws and regulations.

 

III.Information Security

3.1 SmartDream will try his best to protect to protect your information, but you should be aware that SmartDream cannot completely avoid the risks associated with personal information security (especially in cases beyond the control of the software developer, such as force majeure or third-party reasons) , therefore, the software developer cannot make any definitive guarantee or promise to the maintenance or confidentiality of the private information. If SmartDream knows that the security of the data it has acquired and stored is compromised or that the user's non-public information is disclosed to an unrelated third party due to external actions (including but not limited to external security attacks),SmartDream will still take reasonable measures (including but not limited to internal investigations, reporting and notifying law enforcement agencies, and working with law enforcement agencies, etc.) as they deem appropriated even if there are other exemptions in this policy. At the same time, SmartDream will take legal and reasonable measures to notify the relevant users as they deem appropriated inform the disclosed information and the extent which SmartDream knows.

3.2 You should take care to protect your personal information. For example, don't reveal your personal password, etc.

3.3 SmartDream will take the necessary measures to prevent internal staff from unauthorized access to/utilize/leak your information.

 

IV. Acquisition of the Software

4.1 You can obtain the Software directly from SmartDreams website or a third party authorized by SmartDream.

4.2 If you obtain the Software or any installation program with the same name as the Software from any third party without authorization by SmartDream, SmartDream cannot guarantee that the Software can be used normally and therefore takes no responsibility for any loss caused to you.

 

V. Installation and Uninstallation of the Software

5.1 SmartDream may develop different versions of the Software for different terminal devices. You should choose an appropriate version for installation according to the actual condition.

5.2 After downloading the installer, you need to follow the steps suggested by the program to achieve correct installation.

5.3 In order to provide a quality and secure service, SmartDream may recommend other software to you during your installation of the Software, which you can choose to install or not.

5.4 If you no longer need to use the Software, or need to install the new version of the Software, you can uninstall the Software. If you are willing to help SmartDream improve the product and services, please inform the reasons for uninstallation.

 

VI. Software Update

6.1 In order to improve user experience and service contents, SmartDream will continue to develop new services and from time to time provide you software updates (in the from of software replacement,modification,feature enhancement and version upgrade etc.)

6.2 In order to ensure the security and consistency of functionality of the Software and Services, SmartDream reserves the right to update the Software, or change or restrict partial functionality of the Software of the Software without any special notice to you.

6.3 After the new versions of the Software is released, older versions of the Software may not be available. SmartDream does not guarantee that the old versions and corresponding customer services of the Software continue to be available. Please check and download the latest versions at any time.

 

VII Account Use Specification

7.1 Account Use Specification

7.1.1 You need to register a SmartDream account through a mobile phone number or e-mail account before using the Services. SmartDream is entitled to change the form of account registration and the binding manner according to users needs or product needs.

7.1.2 The ownership of any SmartDream account belongs to SmartDream. The user only obtains the right to use the SmartDream account after completing the registration procedure. In addition, such right to use only belongs to the initial registration applicant. Moreover, the initial registration applicant shall not donate, borrow, rent, transfer or sell the Arround+ account, nor permit any non-initial registration applicant to use the SmartDream account. No non-initial registration applicant shall use the SmartDream account by means of donation, inheritance, lease, transfer and so on.

7.1.3 The user shall be responsible for carefully safekeeping the registration account information and the account password. The user shall assume legal responsibly for the registered account and password. The user agrees not to disclose the account and password information to others in any case. When you suspect the someone else is using your account, you should immediately notify SmartDream.

7.1.4 If the user does not log on the SmartDream account for a long time after registration, SmartDream has the right to take back the account, to avoid waste of resources. The user shall be solely liable for the resulting loss.

7.2 Notes

7.2.1 You understand and agree that the Software will use the processor, bandwidth and other resources of your terminal device in order to provide you with effect services. The costs of data traffic may incur during use of the Software, and the user shall acquire relevant fee information from the operator on its own and bear relevant costs.

7.2.2 You understand and agree that some of the features of the Software may allow third parties to know the users information. For example, the user can query the users personal information that is publicly available, including profile photo, name; where the user registers a SmartDream account by using a mobile phone number or e-mail address or binds the SmartDream account with a mobile phone number or e-mail address.

7.2.3 When you use a particular service of this Software, the service may be governed by separate agreements and related business rules etc. (hereinafter collectively referred to as the Separate Agreement). Please read and agree to relevant Separate Agreement before you use the service.

7.2.4 You understand and agree that SmartDream will make its reasonable commercial efforts to maintain your data stored in the Software and Services safe, but SmartDream cannot warrant that your data is absolutely safe, especially:

7.2.4.1 SmartDream is not responsible for deletion or failure of your storage of relevant data in the Software and Services;

7.2.4.2 SmartDream is entitled to decide at its discretion the longest period of data storage in the Software and Services for each user according to the actual situation, and allocate the maximum space in the server for data storage of the user and so on. You can back up relevant data in the Software and Services on your own according to your own needs;

7.2.4.3 If you stop using the Software and Services or the Services are terminated or canceled, SmartDream can permanently delete your data from the server. When the Services are stopped, terminated or canceled, SmartDream is not obligated to return any data to you.

7.2.5 The user shall be responsible for the risks beyond control of SmartDream in the use of the Software and Services, including but not limited to:

7.2.5.1 Risks such as loss or leakage of personal information due to irresistible factors;

7.2.5.2 Any issue or damages arising from the failure of the user to choose the right software version matching the terminal device where the Software is installed;

7.2.5.3 Any risks caused by any third-party website or relevant content of such website when the user accesses to the website by using the Software;

7.2.5.4 Any risks or liabilities caused by others transmission or sharing of the content published by the user;

7.2.5.5 Risks including failure to login SmartDream, incomplete data synchronization and slow page opening speed caused by unstable wireless network signal, small wireless network bandwidth or others reasons.

7.3 Third-Party Products and Services

7.3.1 When you use the products or services provided by any third party of this Software, you shall comply with the user agreement of the third party in addition to this Agreement. SmartDream and the third party shall assume their respective responsibilities separately for any possible dispute between them within the scope prescribed by laws and or stipulated by agreement.

7.3.2 When the user uses the Software or requires SmartDream to provide any specific service, the Software may support the users use or access by invoking a third-party system or through a third party. The third party provides the results of use or access (including but not limited to the services provided by the third party

or the contents accessed through the SmartDream Open Platform). SmartDream does not guarantee the security, accuracy, effectiveness and other uncertain risks of the services and contents provide by such third parties. Any dispute or damage caused therefrom is irrelevant to SmartDream, SmartDream therefore will not assume any responsibility.

 

VIII. Users Codes of Conduct

8.1 Information Content Specification

8.1.1 Information contents contained in this Article refer to any content produced, copied, published or transmitted by the user during the use of the Software and Services, including but not limited to, registered information such as profile photo, name and user description of the SmartDream account, or text, pictures, etc. That ate sent to , replied in and pages of related links, and other contents that are generated through use SmartDream account or the Software and Services.

8.1.2 Public information published by SmartDream

8.1.2.1 In the agreement, the term "Public use area of the service" refers to the area available to the general public.

8.1.2.2 Users should ensure that the content uploaded or published by SmartDream is the copyright owner or has been legally authorized, and that the content will not infringe on the legitimate rights and interests of any third party. The user agrees to grant the SmartDream a free, irrevocable, permanent, re-licensed or transferable non-exclusive licence to use all the above-mentioned contents in a manner prohibited by the laws of other countries and regions.

8.1.2.3 The user authorizes SmartDream to provide the content (including but not limited to the copyright and portrait rights of the content) to the partners of SmartDream for business cooperation, promotion and publicity activities.

8.1.3 You understand and agree that SmartDream has always been committed to providing users with a civilized, healthy, standardized and orderly network environment. You shall not use the SmartDream account or the Software and Services to produce, copy, publish, or spread the contents interfering with normal operation of SmartDream or infringing lawful rights and interests of other users or third parties, including but not limited to the following:

8.1.3.1 You may not publish, transfer, transmit and store the contents prohibiting by national or regional laws and regulations;

8.1.3.2 You may not publish, transfer, transmit and store the contents infringing legitimate rights of others, including the right of reputation, right of portrait, intellectual property right and trade secrets;

8.1.3.3 You may not publish, transfer, transmit and store the contents relating to others privacy, personal information or materials;

8.1.3.4 You may not publish, transfer and transmit harassment and advertising information, spam or any information containing any information containing any sexual content or sexual connotation;

8.1.3.5 Other information that violates laws, regulations, polices and public order, contradicts to social morality, or interferes with the normal operation of SmartDream or infringes the legitimate rights and interests of other users or third parties, which information is also prohibited to published, transferred and transmitted.

8.2 Software Usage Specification

You may not engage in any of the following acts in the course of your use of the Software except as permitted by law or by SmartDreams written permission:

8.2.1 Delete the copyright information on the Software and its copies;

8.2.2 Conduct reverse engineering,reverse assembly and reverse compiling on the Software, or other attempt to discover the source code of the Software;

8.2.3 Use, rent, lend, copy, modify, link, reproduce, compile, release, publish or establish a mirror site for the contents that SmartDream owns intellectual property rights;

8.2.4 Copy, modify, add, delete and mount the data stored in any terminal memory by the Software or during the operation of the Software, the interactive data between the client and the server during operation of the Software, and the system data necessary for operation of the Software, or create any derivative works by using plug-ins, add-on or third-party tools/services unauthorized by SmartDream to access to the Software and related systems;

8.2.5 Add, delete, change the functions or operating effects of the Software by modifying or forging the instructions and data of the Software, or operate or spread to the public the software and methods used for the purposes described above, whether or not such acts are commercial purposes;

8.2.6 Login or use SmartDream Software and Services through any third-party software, plug-in, add- on or system that are not develop or authorized by SmartDream, or produce, publish, disseminate the these tools;

8.2.7 Interfere with the Software and its components, modules and data on your own or by authorizing others or third-party software to do so;

8.2.8 Other acts not expressly authorized by SmartDream

8.3 Service Operation Requirement

Except as permitted by law or authorized by SmartDream in writing, you may not engage in the following acts in the course of your use of the Service;

8.3.1 Submit and publish false information, or impersonate other or use the name of others;

8.3.2 Induce other users to click on the link pages or share information;

8.3.3 Fabricate facts or conceal the truth to mislead or deceive others;

8.3.4 Infringe legitimate rights of others including right of reputation, right of portrait, intellectual property right and trade secrets;

8.3.5 Utilize any SmartDream account, any function and any third-party operating platform to conduct promotion or mutual promotion without SmartDreams written permission;

8.3.6 Utilize any SmartDream account or the Software and Services to engage in any illegal and criminal activities;

8.3.7 Make or release the methods or tools related to the above-mentioned acts, or operate or spread such methods or tools, whether or not for commercial purposes;

8.3.8 Other acts violating laws and regulations, infringing the legitimate rights and interests of other users, interfering with normal operation of products or not expressly authorized by SmartDream.

8.4 User responsibility

You fully understand and agree that you must be responsible for all acts under your account, including any content you published and any consequences arising therefrom. You shall judge the contents of the Service by yourself and assume all risks from the sue of the contents, including the risks arising from reliance on the correctness, completeness or usefulness of the contents. SmartDream cannot and will not be responsible for any loss or damage caused by the foregoing risks.

8.5 Disclaimer

8.5.1 The user expressly agrees that the risk including but not limited to  upload text, information, data, music, photos, graphics, videos, information or other personal data to the internet, which may be copied, reproduced or otherwise used by other organizations or individuals, it is entirely at his own responsibility. All consequences arising out of its use of the SmartDream Services are also borne by itself and we assume no responsibility to the user.

8.5.2 The malicious comments on the website for users will be removed by the users report, but there is no guarantee that the Services will meet the users requirements and will not be legally responsible for the malicious comments.

8.6 Treatment for Breach of Contract

8.6.1 If SmartDream finds or receives any report or complaint from others against the user on violation to this Agreement, SmartDream is entitled to remove or obscure relevant contents at any time without notice, impose punishment on the violating account including but not limited to warning, restriction or prohibition of the use of some or all of the functions, accounts banning or cancellation, and announce the results of treatment.

8.6.2 You understand and agree that SmartDream is entitled to, based on its reasonable judgment, punish any act violating relevant laws and regulations or provisions of this agreement, take appropriate legal action against any user in violation of any laws and regulations, and preserve relevant information in accordance with related laws and regulations to report to relevant department etc. The user shall bear all the resulting legal responsibilities.

8.6.3 You understand and agree that you shall be solely liable for any claim, requests or losses out of or in connection with your breach of the provisions of this Agreement or relevant terms of the Services. You shall also be liable for the compensation of any losses caused to SmartDream

8.7 Limitation of Liability

You expressly understand and agree that the SmartDream shall not be liable for any direct, indirect, incidental, special, derivative or punitive nature, including but not limited to profit, reputation, application, data loss or other intangible loss.

8.7.1 Use or unavailability of this service

8.7.2 Costs incurred to replace any goods, data, information, services received or transactions concluded form or through this service;

8.7.3 Your storage or data is unauthorized access or alteration;

8.7.4 Statements or actions of any third party in this service;

8.7.5 Other matters related to this services, except expressly provided in this Agreement of Use.

8.7.6 The SmartDream shall not be liable for any third party posting or delivering fraudulent information in any way or inducing users to suffer financial loss.

 

IX.Statement on Intellectual Property Rights

You fully understand and agree that:

9.1 Any provision of this Agreement of Use will not absolve the SmartDream from any liability for your personal injury or for property damage caused by intentional or gross negligence;

9.2 The risk of using this service is borne by you personally. This service is provided on an "as is" and "as available" basis. SmartDream does not provide any express or implied guarantee or guarantee for the service, including but not limited to commercial marketability, applicability for specific purposes and non-infringement of the rights of others.

9.3 SmartDream does not guarantee the following:

9.3.1 This service will meet your requirements;

9.3.2 This service will be free from interference, timely delivery, safe and reliable or error-free;

9.3.3 The results obtained using this service are correct and reliable;

9.3.4 Any products, services, information or other information you purchase or obtain through the Service will meet your expectations;

9.4 Whether to download or obtain any information using this service should be considered by you and at your own risk. Any damage or loss of data caused by downloading any information on your mobile phone should be borne by you.

9.5 Any advice or information you obtain from SmartDream or through the Service, whether in writing or orally, will not constitute any warranty other than this User Agreement, except as expressly provided in this Agreement.

9.6 If SmartDream and /or Partner uses the portrait, name or other legal rights you provide, you agree to delegate your portrait, name and/or other legal rights to SmartDream and/or Partner.

 

X. Responsibility of Terminal Security    

10.1 You understand and agree that the Software, like most Internet software, may be affected by a variety of factors including but not limited to user reasons, network service quality and social environment, or may be interfered by various security issues, including but not limited to illegal use of user information by others to conduct harassment in real life, and that other software downloaded and installed and sites visited by the user may contain viruses, Trojans or other malicious programs, which may endanger the security of information and data in your terminal device and then affect the normal use of the Software. Therefore, you should strengthen the awareness of information security and protection of personal information, and pay attention to password protection, to avoid any loss.

10.2 You shall not produce, publish, use, and spread any malicious program which steals SmartDream accounts and other personal information or property.

10.3 It is the common responsibility of you and SmartDream to maintain software security and normal use. SmartDream will reasonably and prudently take necessary technical measures to protect information and data security of your terminal device in accordance with industry standards, but you acknowledge and agree that SmartDream cannot therefore provide a complete guarantee.

 

XI. Third-Party Software or Technology

11.1 The Software may use third-party software or technology (including the open source code and public domain code that may be used for the Software), and such use has been legally authorized.

11.2 If any third-party software or technology is adopted for the Software, SmartDream will demonstrate relevant agreements or other documents in accordance with relevant laws and regulations through annexes of this Agreement, a package in a specific folder of the installation package of the Software, or open source software pages and other forms, which may be expressed as "Software License Agreement", "License Agreement", "Open Source License" or other forms. The foregoing agreements, other documents and web pages presented through various forms are an integral part of this Agreement and shall have the same legal effect as this Agreement. You shall comply with all these requirements. If you fail to do so, such third party or competent state authority may file a lawsuit, impose fines or take other sanctions against you, and require SmartDream to provide assistance. You shall be solely liable for relevant legal responsibilities .

11.3 Any third party shall be liable for resolving any dispute arising from the use of any third-partys software or technology for the Software, which is irrelevant to SmartDream. SmartDream does not provide customer service support for any third-party software or technology. If you need any support, please contact the third party.

 

XII. Miscellaneous

12.1 Your use of the Software shall be deemed that you have read and agreed to be bound by this Agreement. SmartDream reserves the right to modify the terms of this Agreement when necessary. You can check the terms of the Agreement in the latest version of this Software. If you continue to use the Software upon any change to the terms of this Agreement, you shall be deemed to have accepted the amended Agreement. If you do not accept the modified Agreement, you should stop using the Software.

12.2 The formation, entry into force, performance, interpretation and dispute settlement of this Agreement shall be governed by the laws of countries and regions all over the world, without regard to the principles of conflict of laws.

12.3 The headings of all the terms of this Agreement are for convenience only and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of this Agreement.

12.4 Where any provision of this Agreement becomes invalid or unenforceable for whatever reason, the remaining terms shall remain in force and binding on both parties. 

 

XIII. Protocol Update and User Concern Obligations

In accordance with the update of national laws and regulations and the operation of the website, we have the right to modify the terms from time to time. The revised terms of service will be effective once posted on the site and replace the original terms of service. Users can log in to view the latest Terms of Service at any time. If the user does not agree to the updated terms of service, they should immediately stop accepting the services provided by the site; if the user continues to use the services provided by the site, they will be deemed to agree to the updated terms of service. We recommend that you read the Terms of Service and the announcements on this site before using this site. If any of these Terms of Service is deemed to be revoked, invalid, or unenforceable for any reason, the Section shall be deemed to be separable and shall not affect the validity and enforceability of any remaining provisions.

 

                                           SmartDream Development Team