User
License and Agreement
The
Agreement constitutes the legal agreements made between Xi’an Ousiqi Software Co., Ltd (the "Company" or "us")
and the User (or "You") on the use and update of operating system of
the Intelligent Mobile Terminal (the "System" or "Operating
System").
Before
using the System, you shall read carefully and fully understand the User
License and Agreement (the "Agreement"), particularly those involving
waiver or limitation of liabilities, settlement of disputes and governing laws.
The clauses of waiver or limitation of liabilities are in bold font, and you
shall pay special attention to such clauses. You may choose to accept or
not to accept the Agreement after reading (Minors shall be accompanied by their
legal guardians when reading the Agreement).Your use of the Operating System
means that you have read, understood and accepted the Agreement and you agreed
the Agreement with us.
I
General Provisions
1
The Operating System
stated herein refers to: the functional units, system service and software
developed by Xian Ousiqi Software Co., Ltd., excluding
the open source software defined in Section 1.2 hereunder.
2
The System and its
updated or upgraded versions may include software that is protected by a
third-party copyright or authorized by a third party with open source software
license (the "Open Source Software"). The license information shown
on the System's carrying device can be used to identify whether a software is Open Source Software. Therefore, when you use Open
Source Software, you shall comply with applicable Open Source Software license
terms and conditions. If there is any discrepancy between any provision in
applicable Open Source Software license and the license-related terms stated
herein, the terms of Open Source Software license shall prevail.
II
Licensed Use of the
System
(1)
Subject to the terms
and conditions of the Agreement, you are granted a limited and nonexclusive
license to use the System in your device (the "License"), and you
shall not replicate, sell, transfer or use the License for any other commercial
purpose.
(2)
Without obtaining our
written consent, you shall not cause any other people, competitors or
organizations to dismantle, copy, reverse-engineer, de-compile, disassemble the
System, or create derivative work of its preset software.
Also, you shall not cause any other people to or attempt to export, decode or
modify the source code of the System, or carry out any other conduct that is
harmful to the System.
(3)
You agree not to lease,
lend, redistribute or relicense the System to any third party. You may transfer
the ownership of the System's intelligent terminal carrier, and your one-off
and permanent transfer of the License to any third party can only become
effective after the following conditions are satisfied:
1
All software in
relation to the System, including all components, Open Source Software and the
Agreement shall be transferred along with the ownership of the terminal
carrier;
2
You shall delete all or
part of the copies of the System and its related preset software, including
copies stored on computers or other media.
(4)
You shall not use the
System, software and their updated versions to:
1
Use, copy or transfer
all or part of the System beyond the scope of authorization hereunder;
2
Provide or allow any
third party to use any part or all of the System (including but not limited to
applications, themes, codes, source codes or related services operated under
the System) without written consent of the Company;
3
Use the System for
fraud or in fraudulent manner;
4
Delete any copyright
statement or reminder in the System;
5
Nullify, change,
undermine or escape any part or all of the digital copyright management
programs that are related or integral to the System;
6
Any other conduct that
is inappropriate, illegal or against laws and industry regulations.
(5)
Your use of the System
for storing or copying any materials shall obtain prior legitimate
authorization of related obligees. The System can only be used to copy
non-copyrighted materials. Any use of the System in relation to material that
is copyrighted or protected by the copyright law or other intellectual property
law or treaties shall be governed by the agreement or related applicable terms with
the provider of such material. Unless otherwise agreed, no authorization is granted
hereunder in relation to such material, and no guarantee is made hereunder to
ensure you can continue using such material. We shall not bear legal
responsibility regarding such conditions.
III
Third-Party Account
You
may need to register an account to use certain features and/or software of the
System. You may register in accordance with the start-up guidance of the
System, and the registered account is generally provided and maintained by a
third party that cooperates with us. You shall provide information and use
services related to such account in accordance with requirements and terms
applicable to the third-party account registration. You understand and agree that your
registration in the System will give you a third-party service account.
IV
Privacy
Policy
The Privacy Policy (the "Privacy Policy") stipulates what
data the System collects and how we will use it. When you use the System on a
device, we will collect related data from your terminal device in accordance
with the Agreement and the Privacy Policy. The Privacy Policy shall have the
same legal effect with and shall be an integral part of the Agreement.
V
Account
Management
(1) Due to the use of some
functions and/or software of this system, you may be required to log in through
a third-party account and enjoy related services.
(2) Account cancellation, When you need to terminate the account service of this
system, you can apply for cancellation of your account if the following
conditions are met (the method for applying for cancellation of your account
shall prevail as announced in the privacy policy):
1 You can only apply for
cancellation of your own account and follow the process of this system to
cancel;
2 You are still responsible for
your actions before you cancel your account and during the period of using the
system services;
3 After the logout is successful, account records and functions cannot be
restored or provided.
If you need to cancel your
account, please contact us through the contact information announced in Article
12 of this agreement, and we will have someone to provide you with account
cancellation service.
(3) You understand and promise that
the account you set up shall not violate national laws and regulations and
relevant rules in this system, and that your account name, avatar, profile and
other registration information and other personal information shall not contain
illegal and harmful information without the permission of others No account
shall be opened in the name of another person (including but not limited to falsely
using another person’s name, name, font size, avatar, etc. or in other ways
that are confusing), and no malicious registration of accounts (including but
not limited to frequent registration, batch registration, etc.) behavior). You
must abide by relevant laws and regulations during account registration and
use, and you must not perform any behavior that infringes on national
interests, harms the legitimate rights and interests of other citizens, or
harms social morality. We have the right to review the registration information
you submit.
(4) Your registered account in this system is only for your own use.
Without the written consent of the company, it is forbidden to give, borrow,
rent, transfer, sell or otherwise permit others to use the account in any form.
If the company discovers or has reasonable grounds to believe that the user is
not the initial registrant of the account, to protect the security of the
account, we have the right to immediately suspend or terminate the provision of
services to the registered account, and have the right to permanently disable
the account.3 Use the System for
fraud or in fraudulent manner;
(5) You are responsible for
maintaining the security and confidentiality of your personal account and
password, and assume all legal responsibilities for the activities you engage
in in the name of the registered account, including but not limited to any data
modification and remarks made by you on related services in this system All
legal responsibilities that may arise from operations such as publication and
payment. You should attach great importance to the confidentiality of your
account number and password, and do not disclose your account number and
password to others under any circumstances. If you find that someone else uses
your account without permission or any other security breaches occur, you
should notify us immediately.
VI
Terms of Use
(1)
Rules for Information
Disclosure
1
You may use the System
to disclose or upload information, and you shall warrant that such information
has a proper intellectual property and is used with due authorization,
and your use of the System or related service has not violated any third party's
legal rights or interests.
2
When using the System,
you shall not engage in activities which include but are not limited to
creating, copying, publishing, spreading or storing any illegal content that:
1)
Goes against the basic
principle of the Constitution;
2)
Threatens national
security, reveals national secrets, or is intended to overthrow the state power
or jeopardize the national unity;
3)
Tarnishes national
honor or damages national interests;
4)
Advocates ethnic
hostility or discrimination, or jeopardizes ethnic unity;
5)
Undermines national
religious policies or advocates heresy and superstitions;
6)
Disseminates rumors,
disrupts social orders, or undermines social stability;
7)
Propagates obscenity,
pornography, gambling, violence, murder, terror, or instigates criminal
activities;
8)
Insults or slanders any
other person, or violates legal interests or rights of others;
9)
Instigates illegal assembly,
association, demonstrations, protests or gathering crowds to disturb social
orders;
10) Organizing
activities of illegal civil organizations;
11) Contains
any other information that is prohibited by laws or administrative regulations;
12) Publishes,
transmits, spreads or stores any information that infringes any other person's
reputation, right of portrait, intellectual property, trade secrets, or other
legal rights or interests;
13) Fabricates
or disseminates rumors or false information so as to mislead or defraud others;
14) Publishes,
transmits and communicates advertisement or junk information;
15)
Involves
in any other illegal activities.
(2)
The User acknowledges
and agrees that:
1
We will assess whether
your use of the System has violated the above rules, and we may suspend or stop
your use of the System based on the outcome of the assessment;
2
We will delete any
information you publish if that’s breaking laws, infringing any other person's
legal rights or interests, or violating the Agreement;
3
You shall be held
solely liable for any loss that a third party incurs due to your failure to
comply with the above rules, and if your failure to comply with such rules has
caused us to suffer any losses, subject to any third-party claim or be punished
by any administrative authorities, you shall compensate us for any losses or reasonable
expenses arising therefrom (including legal expenses and costs, among others).
VII
Rules for Third-Party
Software Services
(1)
You acknowledge and
agree that the System may include software or services provided by our
affiliates or third-party partners. We provide related features of or access to
third-party software or related services for the purpose of enabling you to
operate the System more conveniently. When using the software or services, you
shall comply with such third party's user agreement and privacy policy.
(2)
Whether in relation to
third-party software or services preset in the System, or software that you
have accessed or downloaded on your own, you acknowledge and agree that we are
unable to supervisor or monitor any third-party software/services, or make any
warranty with respect to security, legitimacy or validity of such third-party
software or services, and we shall not bear any legal responsibility with
respect to such third-party software or services.
(3)
If you have any dispute
with the provider of the third-party software or services, you may settle the
dispute through negotiation or legal proceedings in accordance with relevant
license agreement. We shall not bear any responsibility arising therefrom.
VIII
Risks and Disclaimer
(1) We can only take legal
responsibility for the problem of the System, and our present
technical support cannot guarantee that the operation of the System will be
free from any error or temporary interruption. We cannot warrant that the
System can fully fulfill all your requirements. We shall bear no legal
responsibility arising from such conditions mentioned as above.
(2) We
and our partners shall not be held liable for any of your losses arising
from any breakdown in technology, communication, network, mobile
phone hardware equipment failure, quality or other force majeure. You may claim
compensation from related third party for such losses.
(3)
The contents with respect to the System are only for your
convenience and
reference, and shall not represent our opinions or any professional advice from
us. You are advised to seek advice from professionals regarding specific
issues.
(4)
We can not make any warranty
with respect to the compliance, legitimacy, truthfulness or accuracy of any
third-party content obtained by the System. We can only monitor and manage such
content in accordance with applicable laws and regulations.
(5)
Like systems and software provided by most of Internet
companies, the System's operation can be impacted by many factors, including
but not limited to communication environment, network service quality, social
environment, availability of third-party data and various security issues. You
shall raise your own awareness of information security and take good care of
your passwords so as to avoid losses.
(6)
If you need personalized services, the System may use
services of third-party
system or software to support your use of the System. Such personalized
services are deemed to be provided by a third-party. Under such circumstance,
you shall comply with the Agreement, as well as your agreement with such
third-party and other applicable rules. You acknowledge and agree that your use
data may be collected by a third party when you use services from such third party.
We can not make any warranty with respect to the
security, accuracy or validity of, or any other risks regarding the outcome of
your usage of such third-party system or software. We strongly advise you to exercise
caution when using any third-party service, and we shall not be held
liable for any disputes or damages arising from it.
(7)
You shall be
solely liable for any personal injury or direct or indirect economic damages
(including but not limited to financial losses, damages arising from business
interruption or other damages) resulted by:
1
Your
use of any unlicensed software;
2
Your
wrong use of any third-party software; or
3
Any
other loss that is not caused by the System.
(8)
You
acknowledge and agree that we may, as required by judiciary, regulatory and
supervisory authorities, suspend, interrupt or terminate the provision of
all or part of related services to you, and we shall not be held liable for it.
(9)
You
acknowledge and agree that we will make best efforts technologically
and commercially to keep safe of your data stored in the System. However, you
acknowledge that we shall not be held liable for any failure in deletion,
storage or backup of data that is caused by a third-party, personal reason of the
user or force majeure.
IX
Intellectual Property
Statement
(1)
Except for third-party
products or services, the intellectual property of all contents in the System,
including but not limited to works, pictures, files, messages, information,
architecture and page designs, belongs to the Company and its affiliates. Such
intellectual property includes but is not limited to trademark rights, patents,
copyrights and trade secrets.
(2)
You acknowledge and
know that nobody is allowed to use, modify, replicate, publicize, change,
disseminate, issue or publish any program or content in the System without our
prior written consent.
(3)
We are both obliged to
respect intellectual property, and shall bear related risks and
responsibilities in relation to any breach respectively under applicable laws.
X
Terms for Minor Users
If you are a minor, you
shall obtain prior consent of your guardian before, and be accompanied and
guided by your guardian when reading the Agreement and using the System. Young
users of the System shall use network in reasonable and correct manners. Young
users shall develop good online behavioral patterns, and comply with the Treaty for Chinese Young People's Online
Civilization.
XI
Governing
Laws and Jurisdiction
The
effectiveness, interpretation, modification, execution of and settlement of
dispute under the Agreement shall be governed by laws of People's Republic of
China. Matters that no law applies to shall be dealt with in accordance with
commonly-recognized international business practice and (or) industry practice.
The Agreement is signed by you and the Company in the domicile of the Company:
Xi'an Hi-tech Industries Development Zone, Xi'an, Shaanxi
Province. Any dispute arising from or in relation to the Agreement shall be
settled through negotiation in good faith. Dispute that can
not be settled by negotiation may be submitted to the people's court
with jurisdiction in the place of signing.
XII How
To Contact Us
If
you have any question, advice, suggestion or complaint regarding the System,
you may send an email to [supportab@126.com].
Normally,
we will reply to you within 15 workdays.
XIII
Other
Terms
(1)
Our User Agreement may
be altered or modified due to any change in applicable laws, rules, regulations
or system, or any adjustment in the Company's business, or any other situations.
We do not restrict your rights under the User Agreement without your explicit consent.
We
will notify you of any major changes in or modifications of the User Agreement
in a highly noticeable way (for instance, when you re-login or when the System
is upgraded, we may show a popup). The above-mentioned major changes include
but are not limited to any major change in our service mode, any major change
in our control (such as owner change caused by merger & acquisition or
restructuring), any amendment of laws and regulations, and other similar
changes.
(2)
As for any personalized
advertising, we are committed to providing the best user experiences, so we
have rejected many malicious and harassing advertisements, and we look forward
to sending practical advertising messages to you based on your interests. In
the meanwhile, we understand that some users do not want to receive any
advertising message that is sent based on users' interests and browse history.
You may disable the software's location information collection feature in
system setting (System Settings - Apps and Permissions - App Permission Management). If you decline to provide location information, you will only be
unable to receive location-based advertising message, and your use of other
features of the Product will not be impacted.
(3)
The headings in the
Agreement are used for the purpose of reference and convenience only. They have
no material meanings and shall not be used in interpreting this Agreement
(4)
We and our affiliates
have and reserve all rights in relation to the System, as well as all qualifications
of using the System. We and our affiliates reserve all rights that are not
explicitly granted to you hereunder.
(5)
If any provision
contained herein is determined invalid or unenforceable for any reason, the
other provisions of the Agreement shall remain valid and binding upon the
parties to the Agreement.