User Service Agreement
Welcome you to enter into User Service Agreement (hereinafter referred to as “this Agreement”) with each and every Our Platform operator (as defined in the term of definition) and use Our Platform Services!
Headings and subtitles of each term are only used to help you understand the purpose of such terms and will not influence or limit the meanings or interpretation of such terms under this Agreement. To safeguard your rights and benefits, we suggest you read each term carefully.
Before you click to “Accept this Agreement” in the application registration process, be sure to read this Agreement carefully. Be sure to prudently read and carefully understand the contents of each provision, especially provisions on exemption or limitation of liability, governing law and dispute settlement. You should pay special attention to the provisions on exemption or limitation of liability in bold and underline. If you have any doubt about this Agreement, you may consult with the customer service personnel of Our Platform.
After you fill in information according to the hints on the registration webpage, read and agree to this Agreement and complete all the registration procedures, you will be deemed to have fully read, understood and accepted this Agreement in full, reach consensus with us, and become “user” of Our Platform. If you do not agree to this Agreement or any terms of this Agreement after you read it, you’d better stop registration immediately.
If you have not applied for the registration procedures, or you are an existing user of Our Platform before the effective date of this Agreement, by visiting and/or using Our Platform, you are deemed to accept any and all terms of this Agreement, otherwise please do not visiting or using Our Platform.
Our Platform: refers to youku.com, tudou.com, laifeng.com, laiwantv.com, soku.com，uc.cn，25pp.com, UC Browser，UC TOUTIAO,PP Asistant etc. and their APP.
We/Us: refers to any or all operators of Our Platform, including the operator of youku.com--1Verge Information Technology (Beijing) Co., Ltd, the operator of tudou.com—Shanghai Quan Tudou Culture Communication Co., Ltd, the operator of laiwantv.com-- 1Verge Information Technology (Beijing) Co., Ltd, the operator of soku.com-- 1Verge Information Technology (Beijing) Co., Ltd. the operator of Guangzhou UCWEB Computer Technology Co., Ltd. the operator of Guangzhou UC Network Technology Co., Ltd.
Our Platform Services: refers to various services rendered by us to you based on Internet in the form of Our Platform, client and any new form of service in the future.
Our Platform Rules: refers to all rules, interpretations and announcements issued or to be issued in all Our Platform, as well as rules, detailed rules for implementation, product specifications and announcements issued in channels, webpages and help centers of each platform.
2. Scope of Agreement
2.1 Contracting PartiesThis Agreement is entered into by and between you and the operators of Our Platform. This Agreement is binding upon both you and the operators of Our Platform.
The operators of Our Platform refer to legal entities engaging in Our Platform. You may check the above Definition section to confirm your counterparty. Under this Agreement, the operator of Our Platform may vary due to the business adjustment of Our Platform, which will not affect your rights or benefits under this Agreement. Once variation occurs, the new operator of Our Platform will perform this Agreement and render services to you. Furthermore, additional operators of Our Platform may be established to render new Our Platform Services. If you use any new Our Platform Services, you will be deemed to agree to accept services from the new operator of Our Platform concerned. Where any dispute arises, you may determine the counterparty based on the services you’re using and the specific act which affects your rights and benefits.
2.2 Supplementary AgreementThe Internet is developing rapidly, therefore, neither it is impossible for this Agreement to set out all rights and obligations of you and us nor there is guarantee that the stipulations of this Agreement could meet the requirements in the future. Thus, statement and policies, Our Platform Rules and agreements published in Our Platform are all supplementary agreements to this Agreement, which are inseparable from this Agreement and have the same legal effect with this Agreement. When you use Our Platform Services, you will be deemed to have accepted the above-mentioned supplementary agreements.
3. Registration and Use of Account
3.1 Qualification of UserBefore you makes registration and uses Our Platform Services, You should confirm that you have civil capacity suitable to your civil act as prescribed by the laws of the People’s Republic of China. If you do not have civil capacity suitable to your civil act, you and your guardians shall assume all consequences arising therefrom according to law.
Particularly, if you are a minor, please visit and/or use Our Platform with consent and direction of your legal guardians.
3.2 Explanations on AccountAfter you fill in information according to the hints on the registration webpage, read and agree to this Agreement and complete all the registration procedures, you will obtain an account of Our Platform and become a user of Our Platform.
You’re entitled to log on Our Platform through the user name, email and mobile phone number set or confirmed by you (hereinafter referred to as “Account Name”) and the password set by you (Account Name and password are collectively referred to as “Account”).
Because the account of a user is connected to his/her information, you may only transfer your account to the extent expressly permitted by law or judicial adjudication or approved by us and subject to the account transfer flow as prescribed by Our Platform Rules. Once you transfer your account, all rights and obligations under this account are transferred concurrently. Furthermore, you may not transfer your account in any way; otherwise, you shall assume all liabilities arising therefrom.
So that you could better use all of Our Platform Services, we advise you to complete real name certification according to the requirements of Our Platform and the provisions of Chinese laws.
If your account is not used to log on any of Our Platform for a long term, we are entitled to deal with your account in way of cancellation or recovery and etc. After that, you cannot use your account to log on any of Our Platform and corresponding services terminate. Before we take any action to deal with such account, we will notice you by means including but without limitation to announcements, messages on site or pushed to the clients.
3.3 Management of Registration Information
3.3.1 True and LegitimateWhen using Our Platform Services, you should fill in your information (including your name, email address, telephone and address) accurately and completely according to the hints of Our Platform so that you are available to us. You understand and agree that you’re obliged to guarantee that the information provided by you is true and valid.
The user name set by you may not violate laws or regulations or provisions on user name management in Our Platform Rules; otherwise we may suspend or cancel your user name, and report to the authorities.
You understand and promise that, the user name, profile picture and brief or any other registration information of your account shall not contain any information that is violating laws or inappropriate, and such information is not imitating any organizations or celebrity. During the registration process you have to keep seven bottom lines including compliance with the laws and regulations, socialism, state interests, legal rights of citizen, public order, social morality and practices, and authenticity of information.
You agree and authorize us that, to provide better service to you and ensure your account safety, with the mobile phone number, ID and other information provided by you, we can make enquiry to the National Citizen Identity Information Center, telecom operation companies, financial service institutions for the authenticity of identity, credit records, and effectiveness of mobile phone number, etc.
3.3.2 Updating and MaintenanceYou should update your information from time to time. To the extent that as a platform service provider, we are expressly required by law to verify the information of certain users, we will verify your information from time to time according to law and you shall give assistance and provide the updated, true, complete information.
If we cannot get access to you according to the last information provided by you, or you fail to provide information in time as required by us, or the information provided by you is untrue, you’ll assume all losses and adverse consequences occurred to yourself, any third person and us.
3.4 Rules on Account SecurityYour account should be set and kept by yourself. You are recommended to keep your account carefully and log out and leave Our Platform according to correct procedures when each period of accessing to Internet ends.
If you disclose your account or your account is attacked by any third person or you are cheated and as a result, you suffer from losses, you should assume such losses by yourself.
Your account is for your use, and cannot be lent or shared to any other person. When your account is used without your authorization, you shall notice Our Platform immediately. Otherwise it will be deemed as you are using the account and you shall be liable for all the losses and consequences arising therefrom.
Except that we are at fault, you should be liable for all consequences arising out of your behaviors under your account (including but without limitation to signing agreements online, releasing information, purchasing commodities and services, and disclosing information).
If you find that any other person uses your account to log on Our Platform without your authorization or you are aware of any other situation which may result in theft or missing of your account, you’re recommended to inform us at once. You understand that it needs reasonable time for us to take actions according to your request. Except that we are at fault, we will assume no liability for any consequence which has occurred before you take action.
4. Our Platform Services and Rules
4.1 Our Platform ServicesOur Platform provides following services to you, including but without limitation:
Youku.com, tudou.com, laifeng.com, laiwantv.com, soku.com,25pp.com,uc.cn etc., , UC Browser，UC TOUTIAO,PP Asistant etc. and their APP. which are owned or operated by us;
- Clients of above website which are owned or operated by us including but without limitation to client in the terminal such as PC, tablet, mobile phone, TV, set-top box, etc.;
- Youku Tudou membership (paid) service (hereinafter referred to as “Membership Service”)
- Youku game service (hereinafter referred to as “Game Service”)
- Video uploading and distribution service (hereinafter referred to as “UGC Service”)
- Laifeng and laiwan live broadcasting service (hereinafter referred to as “Live broadcasting Service”)
- Soku searching service (hereinafter referred to as “Searching Service”)
- Any other technologies and /or services provided by Our Platform.
Our Platform Services are limited to be used on Our Platform, and any malicious illegal technology such as break-in that separates Our Platform Services from Our Platform is not the Our Platform Services as agreed in this Agreement. All the consequences caused therefrom shall be borne by the wrongdoer, against whom we will pursue legal actions.
The procedure published in Our Platform websites is the only legal way to download, register, log on and use our services, our services obtained by you (including but without limitation to account, credit point, experience point, credit point goods, voucher goods, gift goods and downloading etc.) from any other channel, route or method are illegal and invalid. We are entitled to take actions such as delete, cancel, and reset or close account, all the consequences caused therefrom shall be borne by yourself.
We are entitled to notice you (by means including but without limitation to pop-up pages, announcements, messages on site, etc.) the modification, replacement, and upgrade of any software related to Our Platform Services. If you do not agree to or accept the modification, replacement, and upgrade of such software related to Our Platform Services, please refuse, stop or cancel directly, otherwise you will be deemed to agree to and accept the modification, replacement, and upgrade of such software related to Our Platform Services and your agreement and acceptance will still be bound by this Agreement.
You understand and recognize that, as for the using record, subscription, collection, credit point, experience point, growth point, level, identity, coupon, virtual credit point goods, virtual voucher goods, virtual gift goods, downloading and other derivatives you obtain from using Our Platform website or account, you conform that you do not enjoy the ownership of them (unless otherwise announced by Our Platform). We permit you to use the above derivatives in accordance with Our Platform Rules, and we do not assume any liabilities of compensation for the above derivatives.
You agree and guarantee that, you shall not profit illegally from the utilization of Our Platform Services and the resale, transfer, exchange, mortgage and other business transactions of derivatives of Our Platform Services (including but without limitation to account, credit point, level, credit point goods, gift goods and downloading, etc.). You shall not utilize Our Platform Services and their derivatives to infringe upon others' legitimate rights and benefits, and be forbidden to misappropriate the account of any other person, credit point, credit point goods, etc. by network vulnerability, malicious software, or other illegal means.
You understand and recognize that, if you pay or prepay on Our Platform account through the third party payment tool, which may expose commercial risks (including but without limitation to illegal activities undertaken by criminals by using your account, bank card or other valuable cards), any commercial risk arising therefrom may cause corresponding financial loss for you. Under the condition that we fully perform our obligations under this Agreement and in accordance with law, we will assume no liability for the above risk and loss.
4.2 Service SpecificationsYou can upload, release or transmit relevant content on Our Platform by Our Platform Services, which includes but without limitation to text, software, program, graphic, picture, sound, music, video, audio and video, link and other information or data (hereinafter referred to as "content"). You shall assume relevant liabilities for the above content.
Unless there is evidence to the contrary, we will deem you as the copyright owner of the content that you upload, release or transmit on Our Platform. Your utilization of Our Platform Services to upload, release or transmit the content indicates that you have right and agree to grant us the perpetual, irrevocable, royalty-free license to storage, use, release, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide; and to incorporate such content in whole or part into other works in any form, media, or technology; and to commercially exploit such content that you upload and release; and by wired or wireless network to provide your computer terminal, mobile communication terminal (including but without limitation to portable communication devices such as mobile phones and smart tablets), handheld digital audio and video playback device, television receiving device (analog signal receiving device, digital signal receiving device, digital TV, IPTV, playback device with Internet access function, etc.), etc. with the service of downloading, playing on-demand and transmitting, mobile service (including but without limitation to SMS, MMS, WAP, IVR, Streaming, 3G, mobile video and other wireless services), advertisement, promotion and other relevant services based on such content; and to sublicense the above-mentioned rights to the third party.
For your convenience of using other relevant services of us and our affiliated companies, you authorize us to transmit the information submitted or generated in the process of account registration and use of Our Platform Services to our affiliated companies and other related service providers, or obtain such information from our affiliated companies and other related service providers.
You understand and acknowledge that, in view of extensively accessible content and information when you use Our Platform Services, we cannot be responsible for accuracy, authenticity, availability, security, integrity and legitimacy of such content and information. You understand and recognize that you may be exposed to incorrect, unpleasant, inappropriate or offensive content and information, and you shall not pursue our liability. we do neither endorse, recommend or express our views on any content and information uploaded, released or transmitted by users on Our Platform, nor assume any liability regarding any errors , flaws, losses or damages arising therefrom, you should assume the risks of utilizing such content and information by yourself.
You agree that we carry the commercial advertisement or any other types of commercial information (including but without limitation to carry the commercial advertisement anywhere on Our Platform, and within the content you upload and distribute) in a variety of ways in the process of providing services, and that we send you promotion information or other relevant commercial information by emails, messages on site, SMS, announcements on site and other forms.
You agree to comply with the following laws and regulations: "Law of the People's Republic of China on Guarding State Secrets", "Copyright Law of the People's Republic of China", "Regulations of the People's Republic of China for Safety Protection of Computer Information Systems", "Regulations for the Protection of Computer Software", "Internet Electronic Bulletin Service Management Regulations"," Regulation on Protection of the Right to Network Dissemination of Information” and other laws and regulations related to computer and Internet in the process of using Our Platform Services. In any case, if we reasonably believe that your behaviors may violate the above-mentioned laws and regulations, we are entitled to terminate to provide services for you at any time without prior notice.
4.3 Banned ContentYou understand and guarantee that the content that you upload, release and transmit shall not contain the following information, including:
(1) Going against the basic principles defined by the Constitution;
(2) Endangering the unity, sovereignty and territorial integrity of the nation;
(3) Divulging state secrets, endangering national security or damaging national honor and interests;
(4) Inciting ethnic hatred, ethnic discrimination, undermining ethnic unity, or violating ethnic customs and habits;
(5) Propagating heresy, superstition;
(6) Disrupting social order, undermining social stability;
(7) Inducing juveniles to commit illegal crime, glamorizing violence, pornography, gamble or terror activities;
(8) Insulting or slandering others, infringing upon citizen's personal privacy and the legitimate rights and benefits of the others;
(9) Endangering social ethics, harming excellent cultural tradition;
(10) The other contents prohibited by the relevant laws, administrative rules and national regulations.
If the content that you upload, release or transmit contains the above-mentioned information that violates the laws and regulations, or infringes upon the legitimate rights and benefits of the third party, you shall be liable for all adverse consequences arising therefrom. Once any adverse consequence is brought to us, you are obliged to eliminate the effect and compensate us for all the losses arising therefrom, including but without limitation to property damages, reputation damages, attorney fees, transportation expenses and other reasonable costs from right protection.
4.4 Forbidden BehaviorsYou understand and guarantee neither to perform the following behaviors in Our Platform Services, nor to allow others to use your account to perform the following behaviors, including:
1) Pretending to be someone else, misrepresenting connection with any person or entity (including setting unauthentic account name or accessing another user’s account ) when you register your account or use Our Platform Services;
2) Forging headings or otherwise handling the content, so as to make others misunderstand that such content is transmitted by us;
3) Uploading, releasing, emailing or otherwise transmitting the content that you have no right to transmit (such as internal information, confidential information);
4) Sending any unsolicited or unauthorized spam, advertisement or promotion material, or any other commercial communication;
5) Using Our Platform Services for any commercial purpose or the benefits of any third party without our express permission;
6) Tracking or otherwise harassing another;
7) Engaging in any illegal or potentially illegal (judged by us) activities or transactions, including imparting criminal method, selling any illegal drug, laundering money, fraud, etc.;
8) Gambling, providing gamble data, or inducing others to participate in gambling activity by any means;
9) Using or utilizing our intellectual property right (including our trademarks, brand names, logos, any other proprietary data, layout or design of any webpage), or infringing upon any our intellectual property right (including attempting to reverse engineer Our Platform client or its software);
10) Accessing to Our Platform Services, collecting or processing the content provided by Our Platform Services through any automatic programs, software, engines, web crawlers, web analysis tools, data mining tools or similar tools;
11) Participating in "frame", "mirror" or any other technique aiming to emulate the appearance and functionality of Our Platform Services;
12) Interfering or attempting to interfere with the access of any user or any other parties to Our Platform Services;
13) Deliberately disseminate viruses, network worms, Trojan horses, corrupted files or other malicious codes or projects;
14) Sharing or releasing the information that can be used for identifying others’ identity without others’ express consent;
15) Exploring or testing whether Our Platform Services, systems, or other users’ systems are easy to be intruded and attacked, or otherwise circumvent (or attempt to circumvent) any security function of Our Platform Services, systems, or other users’ systems;
16) Disassembling, decompiling , or reverse engineering the software used by Our Platform Services, or attempting the above behaviors;
17) Setting up multiple accounts for the purpose of destruction or abuse, or maliciously uploading large amounts of duplicate, invalid data and information;
18) Intentionally or unintentionally violating any relevant Chinese laws, rules, regulations, ordinances and other legally binding norms.
We will comply with the "Industrial Standard Framework of China Internet Targeted Advertisement Customer Information Protection" promulgated by the Interactive Internet subcommittee of China Advertising Association to properly handle or use your personal information based on the legal principles of lawfulness, reasonableness and good faith.
5.2 How We Collect InformationWe collect information in order to provide you with better, higher quality and more personalized service. The way that we collect information is as follows:
1) Information you providing to us
When you register our account and use Our Platform Services ,you fill in and/or submit the information, which includes your name, sex, date of birth, identity card number, telephone number, e-mail, address, interests, payment accounts and relevantly additional information (such as your province, city, zip code, etc.).
Information stored when you use Our Platform Services.
2) Information collected in the course of your use of services.
In order to provide and optimize the services that you need, we will collect the relevant information of your use of services, and such information includes:
When you use Our Platform Services or visit Our Platform webpage, we automatically receive and record the information on your browser and computer, which includes but without limitation to your IP address, browser type, language that you use , visiting date and time, feature information of hardware and software and webpage record that you need; for example, when you download or use the client software of us or our affiliated companies, or access to mobile webpage by using Our Platform Services, we may read the information related to your location and mobile device, including but without limitation to device model, device identification code, operating system, resolution, telecom operators, etc.
Information included in the content that you upload by using our content uploading services, such as the date, time and place of you shooting or uploading the shared photos or videos.
In addition to the above-mentioned information, in order to meet the reasonable needs of providing services and improving the service quality, we may also collect other information, including relevant information that you provide when you contact our customer service team, the questionnaire response information that you send when you participate in questionnaire survey and the information that we collect when you interact with our affiliated parties and our partners. At the same time, in order to improve the security of using Our Platform Services and more accurately prevent the fraudulent phishing sites and Trojan viruses, we may identify the risk of your account by some of your network usage and your commonly used software information, etc., and record some URLs that we consider at risk.
3) Information from the third parties.
In order to provide you with better, higher quality and more personalized service, or together with us to provide you with services, or to prevent the network fraud, our affiliated parties and our partners share your personal information with us in accordance with the law or the agreement with you, or with your consent.
a) Information about the keywords that you input when you use searching services provided by Our Platform;
b) Information that violates the law or our rules, and the measures that we have taken to you;
c) Personal information that is required to be disclosed by the laws and regulations;
d) In case of emergency, to safeguard the interests of the user and the public.
5.3 How We Use InformationBecause the collection of your information is to provide you with services and enhance the quality of services, in order to achieve this purpose, we will use your information for the following purposes:
1) Providing you with various services that you use, and designing, maintaining and improving these services.
2) Recommending content that you may be interested in, including but without limitation to sending information about products and services, or showing you personalized promotional information of the third-party through the system, or share information with our partners so that they can send to you information about their products and services with your consent.
3) Providing you with advertisements more relevant to you instead of widespread advertisements.
4) We may use your personal information to prevent, detect and investigate the fraud, the behaviors of endangering the safety, behaviors illegal or in violation of the agreement with us or our affiliates, policies or rules in order to protect legitimate rights and benefits of you, other users, us or our affiliates.
5) We may combine personal information from one service with information from other services, in order to provide you with more personalized services, for example, making you have a wider social circle through using, sharing or disclosing such information.
6) Allowing you to participate in the surveys about our products and services, or promotions and sweepstakes.
7) Other purposes under your permission.
5.4 How We Share InformationWe assume the obligation of keeping your information confidential and shall not sell or rent any of your information, and we will only share your information with the third parties under the following circumstances:
1) Previously obtaining your consent or authorization.
2) In accordance with the provisions of laws and regulations or requirements of administrative or judicial institutions.
3) Sharing your personal information with our affiliates.
5) If you are a qualified complainant of intellectual property right, we are entitled to disclose the information to respondent under the request of respondent so that both parties can deal with possible disputes of right.
6) Only if you share your information, we can provide services that you need, or handle your disputes or controversies with others. For example, in a transaction that you create on Our Platform, if either party of the transaction completely or partially fulfills the transaction obligation and make information disclosure request, we will provide such party with the contact details and other necessary information of the counterparty where necessary, to facilitate the completion of the transaction or dispute settlement.
7) If you violate the relevant Chinese laws and regulations or related agreements with us or relevant rules, we need to disclose the information to the third parties.
8) In order to safeguard the legitimate rights and benefits of us, our affiliates or users.
5.5 Usage of CookieIn order to enable you to get relaxed access experience, when you visit webpage of Our Platform or use Our Platform Services, we may identify you through a small data file, which can help you eliminate the step of re-typing registration information, or help you determine your account security. These data files could be Cookie, Flash Cookie, or other local storage files provided by your browser or relevant application (collectively, "Cookie").
Please understand that some of our services are available only by mean of Cookie. If your browser or additional services of your browser allow you to modify the extent of accepting or refusing our Cookie, the behavior may affect your access to relevant webpages of Our Platform safely or using Our Platform Services under some circumstances.
5.6 Information StorageYour information and materials that we collect will be stored in servers of us and/or our affiliates, and such information and materials may be sent to the country, region where you are located or the area where we collect such information and materials and such information and materials are also accessed, stored and displayed.
5.7 Protection of Personal InformationIn order to protect your information security, we endeavor to take all reasonable security measures in respect of physical, electronic and management, so that your information will not be leaked, damaged or missing, including but without limitation to SSL, encryption storage, access control of data centers. We take strict management towards employees or outsourced staffs who have the possibility to access to your information, including but without limitation to taking different authority control according to different positions, signing confidentiality agreement with them, monitoring their operating conditions and other measures. We will provide corresponding security measures to protect your information based on existing technology, and provide reasonable safeguard, and we will try to make sure that your information will not be leaked, damaged or missing.
Your account has security protection functions, and please keep information about your account and password carefully. We will make backups on other servers, encrypt user password and take other security measures to ensure that your information will not be missing, abused or altered. Notwithstanding above-mentioned security measures, please understand that there is no "perfect security measure" on the information network.
When making online transactions by using Our Platform Services, you have to disclose personal information to the counterparty or the potential counterparty, such as bank account information, contact information or postal address. Please properly protect your personal information, and provide such information to others only where necessary. If you find that your personal information is leaked, especially your account and password are leaked, please contact our customer service immediately, so that we can take appropriate action.
5.8 Protection of JuvenilesWe will not knowingly collect personal information from juveniles, unless permitted by the law of the location and agreed by guardians of juveniles. For juveniles, please do not register an account or send to us your name, address, telephone, e-mail address and other personal information. If we collect the juveniles' information by accident, we will delete such information as soon as possible after informed. If you think we may hold information from or about juveniles improperly, please contact us.
7. Intellectual PropertyUnless otherwise agreed or stated by us, all intellectual property rights (including but without limitation to copyrights, trademark rights, patent rights, commercial secrets, etc.) and their relevant rights of all content (except the content to which the user enjoys the copyright), technology, software, program, data and other information (including but without limitation to texts, images, pictures, photos, audios, videos, graphics, colors, layouts, electronic documents) on Our Platform, are owned by us or our affiliated companies. Without our permission, no one could use the above intellectual property rights (including but without limitation to copy, distribute, display, mirror, upload, download, modify, rent).
All of our Platform Logos, "优酷", "youku", "土豆", "tudou" and other texts, graphics, and combinations thereof, as well as other identification descriptions, names of products and services on Our Platform are trademarks of us or our affiliated companies in China or other countries. Without our written authorization, no one shall display, use or otherwise dispose in any way, or demonstrate to others that you have the right to display, use or otherwise dispose.
We enjoy full intellectual property rights concerning our exclusive content, original content, and other exclusive content obtained by the license. Without our permission, no unit or individual shall reprint, distribute and provide watching service or perform other behaviors of infringing upon our intellectual property rights, otherwise they will assume all relevant legal liabilities.
8. User’s Breach and Treatments
8.1 Identification of BreachWhere one of the following situations occurs, you are deemed as breach of this Agreement:
（1） Violating relevant laws and regulations when utilizing Our Platform Services;
（2） Violating this Agreement or Supplemental Agreement to this Agreement (i.e., Article 2.2 of this Agreement).
In order to adapt to the development of the Internet industry and meet massive users’ demand for high efficient and quality service, you understand and agree that we provide procedures and standards of the identification of breach in Our Platform Rules. For example, we are entitled to identify whether you breach this Agreement in accordance with the relationship between the massive users’ data and your user data.You have an obligation to present adequate evidences and reasonable explanation for abnormal data, otherwise you are deemed as breach of this Agreement.
8.2 Treatments for BreachWhere content and information that you release on Our Platform constitute a breach of this Agreement, we are entitled to immediately remove, shield corresponding content and information, or to suspend, close down, cancel your account, or take other measures in accordance with the corresponding rules.
Where your behaviors performed on Our Platform, or behaviors not performed on Our Platform but having an impact on Our Platform and its users constitute a breach of this Agreement, we are entitled to take measures for your account including restricting participation in activities and suspending to provide you with some or all services in accordance with the corresponding rules. If your behaviors constitute a substantial breach of this Agreement, we are entitled to close down your account and terminate to provide services for you.
If your behaviors on Our Platform violate relevant laws and regulations, we are legally entitled to report to the relevant authorities and submit your usage record and other information.
8.3 Liability of CompensationIf your behaviors cause us and/or our affiliated companies to suffer from losses (including our own direct financial losses, loss of goodwill, external payment of compensation, settlement fees, attorney fees, court fees and indirect financial losses), you shall compensate all the above-mentioned losses of us and/or our affiliated companies.
If your behaviors cause us and/or our affiliates to be accused by the third party, we and/or our affiliated companies are entitled to recover from all losses from you after the monetary payment to the third person and the performance of other obligations.
8.4 Special AgreementWe are responsible for providing you with Our Platform Services in the state of "as is" and "available". We assume corresponding obligations in accordance with the law, but we shall not assume liabilities arising from information network equipment maintenance, connection failure, the failure of the computer, communication or other systems hacking, computer viruses, power failure, strike, riots, fire, flood, storm, explosion, war, governmental actions, commands of judicial and administrative authorities or the damages resulting from the third party.
We provide and manipulate Our Platform Services through facilities within the territory of the People's Republic of China, and we do not guarantee that the services provided in other countries or regions are appropriate and feasible. Any users utilizing Our Platform Services in other jurisdictions shall solely make compliance with local laws and regulations, and we do not assume any liabilities.
9. Modification of AgreementWe are entitled to modify and supplement this Agreement from time to time to meet the requirement of changes in laws, regulations and Our Platform Services. The Agreement after modification, the Supplemental Agreement (hereinafter referred to as "Alteration") will be informed to you by means agreed in Article 10 of this Agreement.
If you do not agree to Alteration, you should stop utilizing Our Platform Services after the effective date of Alteration; if you continue to utilize Our Platform Services after Alteration comes into force, you are deemed to accept effective Alteration.
10. NotificationYou agree us to send you various notifications by the following reasonable means, including:
(1) Public copywriting;
(2) Messages on sites, pop-up messages, messages pushed to the clients.;
(3) Sending e-mails, SMS, letters, etc. according to the contact information you reserve on Our Platform.
11. Termination of Agreement
11.1 Circumstances of TerminationYou’re entitled to terminate this Agreement by any of the following means:
(1) You cancel your account through our websites when you meet the Conditions for Account Cancellation published by means such as announcements on Our Platform;
(2) Before Alteration enters into effect, you stop using Our Platform Services and expressly refuse to accept Alteration;
(3) You declare not to continue to use Our Platform Services, and meet the conditions of terminating provided by Our Platform Rules.
Under either of the following circumstances, we may terminate this Agreement after giving you a notice according to Article 10 of this Agreement:
(1) You breach of this Agreement and we terminate this Agreement according to breach terms;
(2) You transfer your account, misappropriate the account of any other person, release any prohibited information, cheat property of any other person, or make profit through improper means and we close down your account according to Our Platform Rules;
(3) Except the circumstance in the preceding paragraph, you violate Our Platform Rules for several times and the circumstance is grave, and we may close down your account according to Our Platform Rules;
(4) Your account is canceled by us according to this Agreement;
(5) You infringe upon legitimate rights and benefits of any other person, or otherwise violate laws or breach this Agreement substantially on Our Platform;
(6) Any other circumstance provided by laws under which this Agreement shall be terminated.
11.2 Post-termination TreatmentAfter this Agreement is terminated, unless otherwise expressly prescribed by law, we are not obliged to disclose any information in your account to you or any third party designated by you.
After this Agreement is terminated, we still enjoy the following rights:
(1) We continue to keep the information kept by you on Our Platform, but no longer collect and use your information;
(2) With respect to any of your previous breaches, we may still claim liabilities for breach against you according to this Agreement.
12. Governing Law, Jurisdiction and MiscellaneousConclusion, effectiveness, interpretation, amendment, supplement, termination and execution of this Agreement and settlement of disputes under this Agreement are all governed by the laws of P.R. China; if there are no relevant provisions under laws, commercial practices and/or industrial practices shall prevail.
If any dispute arises in connection with Our Platform Services when you use Our Platform Services, you and we shall try to settle through amicable negotiation. Where negotiation fails, either party may file a lawsuit to the people’s court at the place where the defendant is located.
If any provision of this Agreement is deemed as void, invalid or unenforceable, such provision shall be deemed as severable and the effectiveness and enforceability of any other provisions will not be affected.
In case of any conflict between the Chinese version and English version of this Agreement, the Chinese version shall have the final effect.