This user agreement ("agreement") between You and Hangzhou Biteng brand
management Co.,Ltd. ("UPFOS") covers Your use of UPFOS related services.
In order to use the services of UPFOS, You should read and abide by this
agreement. Please be sure to carefully read and fully understand the
contents of various terms, especially the terms of exemption or
limitation of liability, as well as the separate agreement
for starting or using a service.
Unless You have read and accepted all the terms of this
agreement, You have no right to use the services provided
by UPFOS. You agree to be bound by the terms of
this agreement through Your use of the UPFOS services.
If You are under the age of 18, please read this agreement accompanied
by Your legal guardian and pay special attention to the terms of use for
minors.
I.Account Access and Usage
To access the corresponding UPFOS services, You need an account, that
is, the UPFOS account. UPFOS account is the credential You use to
verify Your identity in the network. In order to create
a UPFOS account, You must provide a user name and password, some profile
information, and "account proof", such as an alternate e-mail address or
telephone number.
As a registered user of relevant services, You can obtain an account
through email / mobile phone. Do not disclose Your account information
to anyone else. You are solely responsible for the confidentiality and
security of Your account and are fully responsible for all activities
occurring in or through Your account, and You agree to immediately
notify UPFOS of any violation of security principles in Your
account. UPFOS shall not be liable for any loss caused by unauthorized
use of Your account.
The ownership of the UPFOS account belongs to UPFOS. After completing
the application registration procedures, You will only obtain the right
to use the UPFOS account, and the right to use the UPFOS account only
belongs to the initial applicant of registration. At the same time, the
initial applicant of registration shall not donate, borrow, rent,
transfer or sell the UPFOS account or otherwise permit any non-initial
applicant to use the UPFOS account. The non-initial registrant shall not
use the UPFOS account by receiving donation, inheritance, lease,
assignment or any other means.
UPFOS stresses that You to keep Your account and password
properly. Exit Your account safely after each use. You shall bear the
responsibility for stolen account and password cause by Your improper
care of those information. If You forget Your password or cannot
access Your UPFOS account for other reasons, You can
restore Your UPFOS account by resetting Your password on the login page
-> forget Your password. UPFOS does not guarantee
that Your UPFOS account will be restored or that Your user content will
be protected.
II.User Information Protection
You may need to provide some necessary information in the process of
registering and using UPFOS services. If the information You provide is
incomplete, You will either be unable to use the services, or Your use
may be restricted. You are responsible for the personal
information You choose to submit.
Generally, You can browse and modify the submitted information at any
time, but for security and identity concerns, You may not be able to
modify the initial registration information and other authentication
information provided during registration.
UPFOS will use various security technologies and procedures to establish
a reliable management system to protect Your personal information from
unauthorized access, use or disclosure.
UPFOS will not transfer or disclose Your personal information to any non
affiliated third party unless:
-
Sharing with explicit consent: after obtaining Your explicit consent,
we will share Your personal information with other parties;
-
Sharing under legal circumstances: we may share Your personal
information according to laws and regulations, litigation and
arbitration settlement needs, or according to the requirements of
administrative and judicial organs according to law;
-
Sharing with affiliated companies: in order to facilitate us to
provide You with products and services based on UPFOS website,
recommend You information that You may be interested in, identify
account exceptions, and to protect the personal and property safety
of UPFOS affiliated companies or other users or the public from
infringement, Your user's personal information may be shared with our
affiliated companies.
-
Sharing with authorized partners: if some services You use
through UPFOS are provided by UPFOS suppliers, partners or third-party
authorized partners entering the UPFOS market, UPFOS will share with
them the personal information necessary to provide You with
corresponding products and services; In addition, in order to jointly
carry out marketing activities with the above-mentioned third-party
authorized partners, UPFOS may share Your relevant personal
information necessary for carrying out the activities and generated in
the process of the activities;
- Other circumstances stipulated by laws and regulations.
UPFOS attaches great importance to the protection of minors' personal
information. If You are a minor under the age of 18, You should obtain
the written consent of Your parent or legal guardian before
using UPFOS services.
The UPFOS Privacy Policy describes how UPFOS uses
and collects user information. You guarantee that You have fully
understood and agreed that UPFOS can process user information
accordingly.
UPFOS has the right but not the obligation to monitor any materials
submitted by You or available on relevant services, to investigate any
reported or obvious violation of this agreement, and to take any action
that UPFOS deems appropriate in its own judgment, including but not
limited to any action taken under this agreement.
III.User Content
UPFOS does not claim ownership of the content You provide on the service, except that UPFOS allows You to access the materials of Your own content. Your content is still Your content and You are responsible for it. In addition, UPFOS will not control, verify, guarantee, pay for or assume any responsibility for the content provided by You and others in the service.
For any content that You upload using the service, You declare that You have all right, or are authorized, or have otherwise been permitted by law to upload such content, and that such content does not violate any service terms applicable to the service.
If Your content violates this agreement or law, UPFOS has the right to require You to delete these content from the service. If You do not comply, You may lose access to the service or UPFOS account, or the service or UPFOS account may be canceled. In addition, if UPFOS determines that Your content has indeed violated this agreement or law, or if UPFOS receives a complaint of intellectual property infringement from a third party, UPFOS may directly delete Your content without consulting You. UPFOS has the right to make independent judgment and take technical measures to delete, block or disconnect links. Meanwhile, depending on the nature of the user's behavior, UPFOS has the right to take measures including but not limited to suspending or terminating the service, restricting, freezing or terminating the use of UPFOS account, and investigating legal liabilities.
IV.Intellectual Property Right
The intellectual property rights of the content (including but not limited to web pages, text, pictures, videos, charts, etc.) provided by UPFOS in this service belong to UPFOS, and the intellectual property rights of the content generated by Your use of this service belong to You or relevant obligees.
You agree that the relevant services (including but not limited to pictures, user interfaces, video materials, editing content and scripts and software used to install the relevant services) containing proprietary information and materials owned by UPFOS and / or its licensors are protected by applicable intellectual property laws and other laws. You agree that You will not use such proprietary information or materials in any way, except for the purpose of using the relevant services under this agreement. Except explicitly permitted by the terms of this agreement, no part of the relevant services shall be reproduced in any form or in any way. You agree not to modify, rent, lease, lend, sell, distribute relevant services in any way, or create derivative works based on relevant services, and You shall not use relevant services in any unauthorized way, including but not limited to embezzling network capacity or overloading network capacity.
All copyrights (including content compilation, posting, links to other Internet resources and descriptions of the above resources) and related software in and for the relevant services shall be owned by UPFOS and / or its licensors, and UPFOS and / or its licensors shall retain all their legal rights. In addition to the use of relevant services allowed in this agreement, the use of software or any part of relevant services is strictly prohibited. Such use infringes the intellectual property rights of others and may subject You to civil and criminal penalties for copyright infringement, including possible payment of damages.
UPFOS, UPFOS logo and other UPFOS trademarks, service marks, graphics and logos used for relevant services are trademarks or registered trademarks of UPFOS in China and / or other countries. Other trademarks, service marks, diagrams and logos used in connection with the services may be trademarks of their respective owners. You have not been granted any right or license to use any of the above trademarks or any use of the above trademarks. All UPFOS domain names are protected by law. You shall not register the UPFOS domain name as a trademark or engage in other acts that infringe the UPFOS domain name right. Otherwise, UPFOS reserves the right to recover from You.
V.User Instructions
When using this service, You must abide by laws and regulations and shall not use this service to engage in illegal acts, including but not limited to:
- Publish, transmit, disseminate and store any content that endangers national security and unity, undermines social stability, violates public order and good customs, insults, slanders, obscenities, violence and any violation of national laws and regulations;
- Publishing, transmitting, disseminating and storing contents that infringe upon the legitimate rights of others such as intellectual property rights and trade secrets;
- Maliciously fabricating facts and concealing the truth to mislead and deceive others;
- Publish, transmit and disseminate advertising information and junk information;
- Other acts prohibited by laws and regulations.
If You violate the above agreement, relevant state authorities or institutions may file a lawsuit, impose a fine or take other sanctions against You and ask UPFOS for assistance. In case of damage, You shall compensate according to law, and UPFOS shall not bear any responsibility.
In the process of using this service, You should abide by relevant local laws and regulations and respect local ethics and customs. If Your behavior violates local laws and regulations or moral customs, religious beliefs, etc., You should bear independent responsibility for this. You should avoid involving UPFOS in political and public events due to the use of this service, otherwise UPFOS has the right to suspend or terminate Your service and reserves the right to recover from You.
You authorize UPFOS to transfer the relevant information and data of Your UPFOS account to a third party for the third party to provide services for You. The authorization interface will prompt the specific authorization object, authorization field and content, and the authorization field and content will be transmitted to the third party through the encrypted channel. UPFOS will require the third party to legally and legally use Your above information, and take certain security measures to ensure that Your information will not be leaked. If You do not want to provide the above information to a third party, please do not click to confirm the authorization.
You agree that the products / services provided by the third party shall be provided by the corresponding third party. The corresponding third party shall be independently responsible for the above products / services and data security. For disputes arising from the products or services provided by the third party or its use of Your information, or the third party's services violate relevant laws, regulations and relevant regulatory provisions, or any losses You suffer in the process of using the third party's services, please communicate and negotiate with the third party for settlement.
You agree not to use any third-party software that may cause any adverse impact on UPFOS products or services without the permission of UPFOS. If the unauthorized use of the third-party software causes losses to UPFOS, UPFOS reserves the right to recover from You. If You violate this Agreement and cause damage to any third party, You shall bear the responsibility independently; If UPFOS suffers losses as a result, You should also compensate.
You are responsible for backing up the data stored in this service by Yourself. If Your service is terminated, UPFOS can permanently delete Your data from the server without any responsibility. Upon termination of the service, UPFOS is not obliged to return the data to You.
VI.Disclaimer
You understand and agree that in the process of using the service, You may encounter force majeure and other risk factors, resulting in the interruption of the service. Force majeure refers to unforeseeable, insurmountable, unavoidable and objective events that have a significant impact on one or both parties, including but not limited to natural disasters such as flood, earthquake, epidemic and storm, as well as social events such as war, unrest, government actions, etc. In case of the above situation, UPFOS will try to cooperate with relevant units at the first time to repair in time, but UPFOS will be exempted from liability for the losses caused to You to the extent permitted by law.
You understand and agree that in the process of using the service, You may encounter risks caused by network information or other user behaviors. UPFOS shall not be responsible for the authenticity, applicability and legitimacy of any information, nor for any harassment, threat, slander, offensive, infringement, and dissemination of illegal information. These risks include but are not limited to:
- Anonymous or false information from others containing threatening, defamatory, offensive or illegal content;
- Any psychological, physical injury and economic loss caused or likely to be caused by others' misleading, deception or others due to the use of the services under this Agreement;
- Other risks caused by information on the internet or user behavior.
You understand and agree that this service is not designed for certain specific purposes, including but not limited to nuclear facilities, military purposes, medical facilities, transportation and communication and other important fields. UPFOS shall not be liable for casualties, property losses and environmental damage caused by the failure of the above operations due to software or services.
You understand and agree that some services of UPFOS products are independently developed and provided by a third party, and UPFOS has identified such applications. Before You choose to use such services, please pay attention to the possible risks and abide by the corresponding use rules formulated by the third party. UPFOS shall not be liable for any loss caused to You due to the use of third-party applications.
UPFOS has the right to deal with illegal contents in accordance with this agreement. This right does not constitute an obligation or commitment of UPFOS. UPFOS cannot guarantee to find illegal acts in time or deal with them accordingly.
In no event shall UPFOS, its directors, officers, employees, affiliates, agents, contractors or licensors be liable for any indirect, incidental, punitive, special or consequential unexpected damages arising from Your use or inability to use the services.
UPFOS and its affiliates, dealers, distributors and suppliers do not provide any explicit or implied warranties, guarantees or conditions related to Your use of the services. You have understood that You should bear the risk of using the service, and UPFOS will provide the service "as is", the service "may have various defects" and only provide "currently available functions". UPFOS does not guarantee the accuracy or timeliness of the information provided by the service. To the extent permitted by Your local law, UPFOS excludes any implied warranties of merchantability, quality satisfaction, fitness for a particular purpose, no process problems and non infringement. You may have certain rights under Your local law. If applicable, nothing in this agreement is intended to affect these rights.
You agree that UPFOS can send advertising, promotion or publicity information (including commercial and non-commercial information) to You by itself or by a third-party advertiser in the process of providing services, including but not limited to telemarketing, Wechat marketing, etc., and its mode and scope can be changed without special notice to You.
UPFOS may provide You with the function of choosing to turn off advertising information, but You shall not shield or filter advertising information in a way not expressly agreed in this agreement or without written permission of UPFOS at any time. If Your behavior causes UPFOS to be recovered by the advertiser, UPFOS reserves the right to recover from You.
UPFOS shall perform relevant obligations to advertisers in accordance with the provisions of the law. You shall judge the authenticity of the advertising information by Yourself and be responsible for Your judgment. Unless explicitly provided by the law, UPFOS shall not be liable for the loss or damage You suffer due to the transaction conducted in accordance with the advertising information or the content provided by the aforementioned advertisers.
You agree that You shall carefully judge the authenticity and reliability of the advertising information in the UPFOS service, and You shall be responsible for the transactions based on the advertising information unless explicitly stipulated by law.
You understand and agree that if the application You purchased requires relevant implementation services, the implementation contract shall be signed with the supplier of the UPFOS software You purchased or the application developer, and the UPFOS company shall not bear the implementation and delivery services and the relevant consequences arising from the implementation and delivery.
VII.Service Change, Interruption and Termination
To the extent permitted by law, UPFOS has the right to interrupt, suspend or terminate the service without notice in any of the following circumstances:
- Damaged by computer viruses, Trojans or other malicious programs and hackers;
- The computer software, system, hardware and communication line of You or UPFOS are faulty;
- Violation of relevant laws and regulations or the agreement;
- You use the service in a way not authorized by UPFOS;
- According to the law, You should submit truthful information, but the personal data You provide is untrue or inconsistent with the information at the time of registration, and You fail to provide reasonable proof;
- In accordance with the law or the requirements of the administrative authority;
- For safety reasons or other necessary circumstances;
- Other unforeseen circumstances or circumstances beyond UPFOS's control.
UPFOS has free and / or paid products and / or services. If You choose products and / or services that need to be paid, UPFOS will charge You corresponding fees according to the products and / or services You choose. If You fail to pay in full and on time, UPFOS has the right to interrupt, suspend or terminate the provision of services.
VIII.Entire Agreement
This agreement also includes the privacy policy, and when You use a specific service of UPFOS, the service may have a separate agreement, relevant business rules, etc. ("separate agreement"). Once officially released, the above contents shall be an integral part of this agreement, and You shall also abide by them. Your acceptance of any of the above business rules and separate agreements shall be deemed to be Your acceptance of the entire agreement.
IX.Governing and Applicable Law
1. The validity, interpretation, modification, execution and dispute resolution of this Agreement shall be governed by the laws of the people's Republic of China. In the absence of relevant laws, reference shall be made to the general international business practices and / or industry practices.
2. If any provision of this agreement is deemed invalid or unenforceable, the above provisions may be separated and the remaining provisions shall remain in force.
3. If either party of this agreement waives its rights under this agreement in the event of the other party's fault or breach of contract, it shall not be deemed to have waived any other or similar fault or breach of contract of one party in the future.
4. The failure of UPFOS to exercise or enforce any right or provision of this service agreement shall not constitute a waiver of the foregoing rights or rights.
5. UPFOS reserves the right of final interpretation and revision of this agreement within the scope of law.
6. Disputes arising from Your use of UPFOS services shall be settled by UPFOS through negotiation with You. If the negotiation fails, all disputes arising from this Agreement shall be under the jurisdiction of the court where our subsidiary is domiciled.