- Acceptance and Amendment of Use Agreement
- Tudou.com’s Services
- User Registration
- Contents at Tudou.com
- Third-party Links
- Users’ Acts
- Intellectual Property and Other Rights
- Copyright Policy
- Export and International Use
- Service Termination
- Governing Laws and Jurisdiction
Important note:Tudou.com hereby reminds that before your access and use of Tudou.com, please carefully read the terms of this Agreement, including the disclaimer clause exempting or restricting Tudou.com’s responsibilities and the limitations on your rights.
If you use the services provided by Tudou.com on behalf of a company, you hereby undertake to Tudou.com that you have the right to represent the company and your acceptance of this Agreement will be automatically regarded as the acceptance of this Agreement by the company you represents.
If you, as the content uploader or disseminator, use the information network storage services provided by Tudou.com, in addition to this Agreement, you shall also read and accept the Account User Agreement, which forms an integral part of this Agreement.
1.Acceptance and Amendment of Use Agreement
This Agreement is an agreement between the user (you) and Shanghai Quan Toodou Cultural Communication Co., Ltd. (“Tudou.com”). Tudou.com provides services for you pursuant to this Agreement.
1.1 The service terms of this Agreement shall constitute the preconditions for your (whether as individual or entity) use of the services provided by Tudou.com. If you disagree with the service terms of this Agreement or any amendment as may be made hereto from time to time, you shall not use or shall cancel the services provided by Tudou.com. Your use will be regarded as your full and complete acceptance of the service terms of this Agreement and any amendment as may be made hereto from time to time.
1.2 These terms will be updated by Tudou.com from time to time, without any prior notice. Once published at Tudou.com, the amended service terms will replace the original service terms and form an integral part of these terms hereof. You may log on to Tudou.com to view the latest service terms at any time.
2.1 Tudou.com provides you with (including, but not limited to) the following services:
(i) Tudou.com homepage www.tudou.com (including any other website directly owned or operated by Tudou.com);
(ii) Tudou.com website alliance (including other third-party websites);
(iii) The client program directly owned or operated by Tudou.com, which can be directly downloaded by you to upload, download and browse video contents;
(iv) The information network storage space provided by Tudou.com for you by using the directly owned or operated server; and
(v) Any other technology and/or service provided by Tudou.com for you.
Tudou.com provides the information network storage space and related platform services only according to your instructions while Tudou.com itself does not upload any content. The contents that can be uploaded by using Tudou.com’s services include, but are not limited to, music, animation, text, images, audio and video works, etc. You guarantee to bear the entire liability for the contents uploaded and disseminated by using Tudou.com’s services. The rights and obligations in respect of the uploaded works will also apply to the Account User Agreement.
2.2 You hereby specifically represent and warrant that, in respect of all the contents uploaded and disseminated to Tudou.com, you possess or have acquired all the necessary rights and bear the entire legal liability, including, but not limited to: you have the right to, or have acquired necessary approvals, authorizations and permissions to, use or authorize Tudou.com to use all the patents, trademarks, business secrets, copyrights, performer rights and other private rights in connection with the uploaded works.
2.3 With respect to all the contents uploaded to Tudou.com (you hereby guarantee that you have obtained the express authorization of the right owner), you hereby agree to grant Tudou.com a royalty-free, irrevocable, permanent, assignable, worldwide and non-exclusive license to use all the said works and contents. Tudou.com has the right to display, disseminate and promote the above contents, and to make any form of copy, modification, publication, issuance and other use in respect of the foregoing or authorize a third party to do so.
2.4 Tudou.com does not warrant that all the programs uploaded by you can be acquired and browsed by other users through Tudou.com’s services. Tudou.com has no obligation and liability to monitor all the programs uploaded and disseminated by you, but Tudou.com reserves the right to irregularly spot-check the uploaded and disseminated programs in accordance with State laws and regulations and to remove or disconnect links to illegal or infringing works without prior notice. The provisions of this Article neither exclude your copyright warranty for the uploaded contents nor indicate that Tudou.com has the responsibility and ability to judge the ownership of the copyright of the works uploaded by you.
If you use the network storage space provided by Tudou.com for the uploading and dissemination of audio or video programs, you need to register to get an account and a password and ensure the truthfulness, accuracy and completeness of your registration information. If your registration information changes, you shall make changes in time. After safely completing the registration procedure of this service and receiving a password and an account, you shall maintain the security of password and account. You shall be solely responsible for any activity performed by any person with your password and account. Tudou.com cannot identify any illegal or unauthorized use of your account and password. Thus, Tudou.com shall bear no liability. You hereby agree and undertake that:
3.1 When your password or account is used without your authorization or has any other security problem, you will immediately notify Tudou.com effectively.
3.2 After you log on to Tudou.com or use other related services, you will ensure safe exit for relevant account, etc.
3.3 You agree to accept the commodity promotion or other related commercial information sent by Tudou.com to you via email, client program, webpage or by other legal means. In the case of use of telecom value-added service, you agree to accept the relevant service information or other information sent by Tudou.com and its partners to you through value-added service system or otherwise. Other information includes, but is not limited to, notification information, promotion information, advertising information, etc.
3.4 You undertake not to do any of the following acts when registering and using Tudou.com account:
(i) Intentionally use the information of another person when register a Tudou.com account;
(ii) Register a Tudou.com account in the name of another person without the due authorization of such person; and
(iii) Register a Tudou.com account by using the insulting, slanderous, pornographic words or words in violation of public order and good customs.
3.5 You hereby agree that Tudou.com has the right, at its sole discretion, to refuse to provide account registration for the users violating the above provisions or cancel the use of such account.
3.6 You hereby agree that if you do not log on to your account registered at Tudou.com within consecutive 180 days, then Tudou.com has the right, at its sole discretion, to cancel your account registered at Tudou.com.
3.7 Tudou.com guarantees that all the registration information provided by you to Tudou.com will be kept confidential pursuant to Tudou.com’s privacy protection policy, except the disclosure in accordance with the mandatory requirement of State laws.
4.Contents at Tudou.com
4.1 The works and contents uploaded by you refer to the video, audio or any other form of contents (including text, images, links, etc) that you upload and disseminate to Tudou.com.
4.2 If you upload or publish works at Tudou.com, you shall guarantee that you have the legal copyright or due authorization in respect of such works and you agree to grant Tudou.com a royalty-free, irrevocable, permanent, assignable, worldwide and non-exclusive license to use all the said works and contents. Tudoul.com has the right to display, disseminate and promote the above contents, make any form of copy, modification, publication, issuance and other use in respect of the foregoing or authorize a third party to do so.
4.3 Tudou.com hereby formally remind you that any information, data, text, software, music, audio, photo, graph, video, information or other materials (hereinafter referred to as “Contents”) uploaded, posted, emailed or otherwise transmitted via Tudou.com’s services, whether transmitted publicly or privately, the responsibility thereof shall be attributed to the content provider and uploader.
4.4 Tudou.com can neither foresee and reasonably control the contents transmitted via Tudou.com’s services nor accurately judge the true identity of content uploader. For this reason, you shall have foreseen that you may contact unpleasant, unsuitable or offensive contents when using Tudou.com’s services. You hereby agree to waiver any recourse arising therefrom against Tudou.com. But Tudou.com has the right to stop the transmission of any of the foregoing contents and take corresponding actions in accordance with law, including, but not limited to, suspending your use of all or any part of Tudou.com’s services, retaining relevant records and reporting to relevant authority.
4.5 You shall solely bear the legal liability for your conduct at this website. If your use of Tudou.com’s services does not comply with this Agreement, Tudou.com has the right, at its sole discretion, to immediately cancel your account without prior notice to you. If you spread and disseminate reactionary, pornographic information or other information violating State laws at Tudou.com, Tudou.com’s system records may be used as the evidence of your violation of laws.
4.6 You shall bear the entire liability for any damage or loss incurred as a result of any claim made by any third party in respect of or derived from your uploading and dissemination of the above works and contents at Tudou.com.
For your ease of use, Tudou.com’s services may provide the links to third-party international internet websites or resources. Unless otherwise stated, Tudou.com cannot control the services of third-party websites. Tudou.com shall not be liable for the losses or damages suffered by you due to your use of or reliance on the said websites or resources.
6.1 You shall not use the services provided by Tudou.com to engage in any illegal, obscene, pornographic and other activity violating public order and good customs, including, without limited to, illegal multi-level marketing, fraud, infringement, reactionary act, etc. Tudou.com has the right, at its sole discretion, to immediately delete relevant contents and stop use of any such account without prior notice.
6.2 Unless otherwise agreed between you and Tudou.com, you agree that Tudou.com’s services are only for your personal, non-commercial use. You shall not make copies, reproductions or sale in respect of any portion of Tudou.com’s services or use of or access to the services, or use Tudou.com’s services for any investigation, advertising or other commercial purpose, unless Tudou.com has applicable guidelines or regulations with respect to specific services.
7.Intellectual Property and Other Rights
7.1 Other than the contents uploaded and disseminated by you, any webpage, text, image, graph, audio and/or video materials, trademark, service mark, business name, copyright, etc. incorporated in Tudou.com’s services shall be the possession of or be lawful licensed to Tudou.com, and shall be protected by the Copyright Law of the People’s Republic of China, Trademark Law of the People’s Republic of China and/or other property ownership laws. Without consent of relevant right owner, the above materials shall not be directly or indirectly published or broadcast in any media, be rewritten or reissued for broadcasting or publication purpose, or be used for any other commercial purpose. The above materials or any portion thereof may be stored in a computer only for private purpose. Tudou.com shall not bear any legal liability to you or any third party in any way in respect of any damage claim caused by the said materials or any delay, inaccuracy, error and omission incurred during the transmission or delivery of all or any part of the said materials or arising therefrom.
7.2 All the rights of any software used by Tudou.com to provide network services (including, but without limited to, any image, photo, animation, video, record, music, text and add-in program contained or incorporated in the such software as well as accompanying help information) shall belong to the copyright owner of such software. Without permission of the copyright owner of such software, you shall not reverse engineer, decompile or disassemble such software or otherwise discover its original codes.
Tudou.com respect, and take reasonable measures to protect, the lawful interests of copyright owners. We have established the corresponding copyright policy and copyright complaint mechanism. Such copyright policy and complaint mechanism constitute an integral part of this Agreement.
For details of the copyright policy and complaint mechanism, please refer to Copyright and Complaints.
9.1 When you register to use Tudou.com’s services, you are required to provide personal information. The collection of personal information by Tudou.com is intended to provide you with more individualized online services and offer advertisers a convenient channel to contact you properly and to send relevant contents and advertisements. During this process, advertisers will absolutely have no access to the personal information provided by you to Tudou.com. Without your lawful authorization, Tudou.com will not publish, edit or disclose your personal information and the non-public contents stored at Tudou.com, other than for the purpose of:
(i) Complying with relevant laws and regulations or Tudou.com’s lawful service procedures regulations;
(ii) safeguarding your and public’s rights and interests in emergencies,;
(iii) Safeguarding the trademark right, patent right and any other lawful rights and interests of Tudou.com; and
(iv) Other circumstances for which personal information is required by law to be published, edited or disclosed.
9.2 In any of (including, but not limited to) the following circumstances, Tudou.com has the right to use your personal information:
(i) At promotion or lucky draw, Tudou.com may share your personal information with sponsors. In these events, Tudou.com will remind you prior to the transmission of your information and you may terminate the transmission process by choosing not to participate;
(ii) Tudou.com may match your information with third-party data;
(iii) Tudou.com will describe its services to future partners, advertisers and other third parties and for other lawful purpose by disclosing the consolidated statistical data; and
(iv) When you purchase the commodities or services displayed at Tudou.com, the information acquired by Tudou.com and the information provided by you will be provided to the merchants. These merchants will perform data collection, but Tudou.com shall not be liable for such operation by merchants.
10.1 Tudou.com does not guarantee the truthfulness, accuracy and completeness of any other person’s information, contents or advertisement (collectively “Information”) acquired via this website. If any entity or person does any act by using the Information, such entity or person will have to judge the truthfulness thereof and be cautious of risks. Otherwise, regardless of any reason, this website disclaims any direct, indirect, incidental or derivative losses and liabilities resulted from any transaction and/or act which are not directly performed with this website.
10.2 Tudou.com does not warrant that (including, but not limited to):
(i)Tudou.com will satisfy your use requirements;
(ii)Tudou.com will not be disturbed, and will be functioning timely, safe and reliable or free of errors; and
(iii) Any product, service or other information acquired via Tudou.com will meet your expectations.
10.3 You have to bear the risk of using any information downloaded or acquired via Tudou.com. If any such use results in the damage or data loss of your computer system, you shall bear the entire liability.
10.4 Tudou disclaims any direct or indirect indemnity for loss of profits, loss of goodwill, loss of information or other tangible or intangible losses arising as a result of:
(i) Any use or any unavailability of use of Tudou.com;
(ii) Any product, data or service purchased or acquired via Tudou.com;
(iii) Any unauthorized use or change of user data; and
(iv) Other matters related to Tudou.com.
11.Export and International Use
Tudou.com provides and controls the services through the facilities within the territory of the People’s Republic of China. Tudou.com does not warrant that the services provided or controlled by it are appropriate and available in other countries or regions. If you use the Tudou.com’s services in any other jurisdiction, you shall ensure compliance with local laws and regulations and Tudou.com will not bear any liability in connection therewith.
12.1 You agree that Tudou.com has the right, at its sole discretion, to terminate your account or all or any part of the services for any reason, including, but not limited to, lack of use or Tudou.com’s belief that you have violated the text and spirit of this Agreement and to remove and delete any of your contents from Tudou.com’s services.
12.2 You agree that the services provided pursuant to any provision of this Agreement may be interrupted or terminated without prior notice. You acknowledge and agree that Tudou.com may immediately close or delete your account and all the related information and documents in your account and/or prohibit the continued use of those documents or Toudou.com’s services.
In addition, you agree that if any use of Tudou.com’s services is interrupted or terminated or your account and relevant information and documents are closed or deleted, Tudou.com shall not bear any liability to you or any third person.
13. Governing Law and Jurisdiction
13.1 The effectiveness, performance and interpretation of and resolution of disputes in connection with this Agreement shall be governed by the laws of the People’s Republic of China.
13.2 Any dispute as may arise from or out of the content or the performance of this Agreement shall be resolved by the parties through friendly negotiations. If the parties have failed to resolve that dispute through negotiations, the parties agree to submit the dispute to Shanghai Arbitration Commission for arbitration in accordance with its applicable arbitration rules. The seat of arbitration shall be Shanghai and the language to be used in arbitration proceedings shall be Chinese. The arbitral award shall be final and legally binding upon the parties.
Shanghai Quan Toodou Cultural Communication Co., Ltd.
Last update: March 2010