User Service Agreement
ERGEDD hereby reminds users to read and fully understand this User Service Agreement (hereinafter referred to as the Agreement). -- Users shall carefully read and fully understand the provisions of this Agreement, including the disclaimer clause that exempts or restricts the liability of ERGEDD and the restriction clause of users’ rights. Please read carefully and choose to accept or reject this Agreement (minors shall read this Agreement accompanied by their legal guardians and confirm that they have been approved by their legal guardians when choosing to accept this Agreement). Unless you accept all the terms of this Agreement, you have no right to register, log in, or use the services covered by this Agreement. Your registration, login, use, etc. shall be deemed as acceptance of this Agreement and agreement to be bound by the terms of this Agreement.
This Agreement describes the rights and obligations between ERGEDD and its users with respect to the services of ERGEDD. “User” means an individual or organization that has registered, logged in, used or accessed the services. This Agreement may be updated from time to time by ERGEDD. Once the updated terms of the Agreement are published, they shall replace the original terms of the Agreement without further notice. Users can check the latest version of the terms of the Agreement in this software. After ERGEDD modifies the terms of the Agreement, if the user does not accept the modified terms, please immediately stop using the services provided by ERGEDD. Users who continue to use the services provided by ERGEDD will be deemed to have accepted the revised Agreement.
I. Service Regulations
1. Users fully understand and agree that they must be responsible for all actions under their registered accounts. They shall judge the content in ERGEDD and assume all risks arising from the use of the content, including risks due to any reliance on the correctness, completeness or usefulness of the content. The ownership of ERGEDD belongs to Beijing ERGEDD Technology Co., Ltd. (hereinafter referred to as “ERGEDD”), but ERGEDD cannot and will not be liable for any loss or damage caused by user behavior mentioned above.
2. Any content searched and published by users during the use of ERGEDD service does not reflect the opinions or policies of ERGEDD, and ERGEDD assumes no responsibility for this.
3. ERGEDD reserves the right to unilaterally change, suspend, restrict, terminate or withdraw all or part of the service content at any time without any notice due to the needs of business development, and the user shall bear the risk.
4. The services provided by ERGEDD may include advertisements, and users agree to receive advertisements provided by ERGEDD, third-party suppliers and partners during use.
5. Users shall not use ERGEDD or ERGEDD service to publish the following contents:
(1) Opposing the basic principles set forth in the constitution;
(2) Endangering national security, divulging state secrets, subverting state power or undermining national unity;
(3) Harming national honor and interests;
(4) Provoking resentment or discrimination among the nationalities, or undermining national unity;
(5) Undermining the state’s religious policies and propagating cults and feudal superstitions;
(6) Spreading rumors, disturbing social order and undermining social stability;
(7) Spreading obscenity, pornography, gambling, violence, murder, terror or instigating others to commit a crime;
(8) Insulting or slandering others and infringing upon the lawful rights and interests of others;
(9) Inciting illegal assembly, association, procession, demonstration or gathering people to disturb public order;
(10) Activities in the name of illegal non-governmental organizations;
(11) Infringement of intellectual property rights, trade secrets or other lawful rights of others;
(12) Information containing other contents prohibited by laws and administrative regulations.
6. For content violating relevant laws and regulations or provisions of this Agreement, or content that infringes, endangers or threatens the rights or safety of any person, or act of impersonating others, ERGEDD, in its reasonable judgment, has the right to stop users from transmitting any of the foregoing contents according to law, and is entitled to, in its sole discretion, take appropriate legal action against users who violate this term, including but not limited to, deleting illegal, infringement and inappropriate contents from ERGEDD service, terminating the user qualification of violators, preventing them from using all or part of ERGEDD service, and saving relevant information and reporting to relevant departments according to laws and regulations.
7. User rights and obligations:
(1) The ownership of ERGEDD account registered by the user belongs to ERGEDD. After the user completes the application registration procedure, he/she will be granted the right to use the ERGEDD account. The right to use is only owned by the original registrant and is not allowed to be given, borrowed, leased, transferred or sold. For business needs, ERGEDD has the right to take back the user’s ERGEDD account.
(2) Users have the right to change or delete their personal information, registration information and transmission information on ERGEDD. Please note, however, that deleting the information will also delete any text and images you store on the system. User shall bear the risk hereof.
(3) It is the responsibility of the user to properly keep the security of the registered account information and account password. They need to take legal responsibility for the behavior under the registered account and password and agree not to use other member’s account or password under any circumstances. If you suspect that someone is using your account or password, you agree to immediately notify ERGEDD.
(4) User shall use the service correctly and appropriately in accordance with the terms of this Agreement. In case of any breach of any provision of this Agreement by the user, ERGEDD has the right to terminate the services provided to the defaulting user account according to this Agreement. At the same time, ERGEDD reserves the right to withdraw ERGEDD account and user name at any time.
II. Privacy Protection
1. Users agree that personal privacy information refers to the information that can identify users or involve personal communication, including the following information: user’s real name, identification number, mobile phone number, and IP address. Non-personal privacy information refers to the user’s operation status and usage habits of the service, which are clearly and objectively reflected in the basic record information of ERGEDD server and other common information beyond the scope of personal privacy information, and such privacy information as the user agrees to disclose;
2. It is a consistent system of ERGEDD to respect the privacy of users’ personal information. ERGEDD will take reasonable measures to protect users’ private information. Without the consent of users, ERGEDD will not publish or disclose their personal privacy information to a third party other than the cooperative unit, unless ERGEDD considers it necessary to disclose such information on the basis of integrity in the following situations:
(1) Stipulated by relevant legal provisions or ERGEDD legal service procedures;
(2) For the purpose of maintaining the interests of users and the public in the event of an emergency;
(3) For the purpose of safeguarding ERGEDD’s trademark right, patent right, copyright and any other legitimate rights and interests;
(4) Any other circumstances where we consider it necessary to publicize, compile or disclose an individual’s information.
3. In the following cases (including but not limited to), ERGEDD has the right to use the user’s personal information:
(1) When conducting promotions, sweepstakes or other special/free activities, ERGEDD may share users’ personal information with sponsors. In these cases ERGEDD will prompt the user before sending user information, and the user can terminate the transmission by not participating.
(2) ERGEDD can match user information with third-party data.
(3) By disclosing user statistics, ERGEDD will describe its services to future partners, advertisers and other third parties as well as for other legitimate purposes.
(4) When the user purchases the goods or services listed in the ERGEDD (if any), the information obtained by ERGEDD and the information provided by the user (such as the user’s credit card number and contact information) will be provided to the merchants, who will conduct data collection operations, but ERGEDD is not responsible for such operations of the merchants.
4. If the user chooses to agree during registration or if there are other agreements between the user, ERGEDD and its partners on the disclosure or use of user’s personal privacy information, ERGEDD shall not be bound by the above privacy control terms. The users shall assume all risks arising therefrom and ERGEDD shall not be responsible for them. At the same time, in order to operate and improve the technology and service of ERGEDD, ERGEDD may collect and use the users’ non-personal privacy information by itself or provide these information to a third party, which will help ERGEDD provide its users with better user experience and improve its service quality.
III. Intellectual Property Rights and Other Rights of ERGEDD
1. ERGEDD has corresponding right to the information contained in the software which is protected by intellectual property rights or other laws; in addition to the copyright content enjoyed by users according to law, the whole content copyright of ERGEDD belongs to ERGEDD.
2. The graphics, text or its composition involved in ERGEDD service, as well as its other logo, product and service names, are the trademarks of ERGEDD (hereinafter referred to as “ERGEDD logo”). Without the prior written consent of ERGEDD, users shall not display, use or otherwise process ERGEDD’s logo in any way, nor indicate to others that you are entitled to display, use or otherwise dispose of ERGEDD logo.
3. ERGEDD has full intellectual property rights to its proprietary content, original content and other monopolized or exclusive content obtained through licensing. Without the permission of ERGEDD, no unit or individual shall reprint, disseminate or provide viewing services or engage in other acts of infringement of intellectual property rights of ERGEDD. Otherwise, it shall assume legal responsibility.
4. The works published by users on ERGEDD after registration shall be deemed to have been authorized for free use by ERGEDD (including its affiliates and cooperators). However, the user shall guarantee the legal compliance of the published works and shall not infringe the copyright of others.
IV. Legal Liability and Exemption
1. For any compensation, demands or losses (including reasonable attorneys'
fees) claimed by any third party, due to the user's violation of this Agreement or the relevant terms of service, the user agrees to compensate ERGEDD, its cooperator(s) and its affiliate(s) and protect them from such losses.
2. ERGEDD and its cooperative units shall not be liable for any losses suffered by users resulting from communication line failure, technical problems, network, computer failure, system instability or any other force majeure causes of third party such as telecommunications sector.
3. If technical failure and other force majeure events affect the normal operation of the service, ERGEDD and its cooperative units promise to cooperate with the relevant units within the first time, deal with the repair in a timely manner. However, for all losses suffered by users, ERGEDD and its cooperative units do not assume responsibility.
4. Like most Internet services, the service is affected by different factors including but not limited to user reasons, network service quality, social environment and other factors, and may be subject to a variety of security issues, such as the use of user information, resulting in real life harassment; other software downloaded and installed or other websites visited by users contain “Trojan Horse” and other viruses, which threaten the security of user’s computer information and data, and then affect the normal use of the service. Users should strengthen information security and the awareness of protection of user data, and strengthen password protection, to avoid losses and harassment.
5. Users shall be aware that the use of the service may be affected by unstable factors in various links due to the involvement of Internet services. Therefore, the service is at risk of service interruption or failure to meet user requirements caused by force majeure, computer virus or hacker attack, system instability, user location, user shutdown and any other technical, Internet or communication line reasons. Users must bear the above risks, ERGEDD will not make guarantee. ERGEDD shall not assume any responsibility for the user’s inability to send, receive and read messages, or receiving and sending wrong messages.
6. User shall be aware that, in the process of using the service, there is a risk of anonymous or imposter information from any other person, including threatening, defamatory, offensive or illegal content or behavior or infringement of the rights of others (including intellectual property rights), and user shall bear the above risks. ERGEDD and its cooperator(s) do not make any type of guarantee for the service, either explicit or implicit, including all information about authenticity, merchantability, suitability for a particular purpose, ownership and non-infringement implied warranty and conditions, and shall not undertake any responsibility for the direct, indirect, incidental, special, and subsequent damage as a result of improper or illegal use of the service by any user.
7. The information content defined by ERGEDD includes: text, software, sound, photos, videos, and charts; the entire content of the advertisement; and business information provided by ERGEDD to its users. All such content is protected by copyright, trademark, and other intellectual property and ownership laws. As a result, users can only use the content under the authorization of ERGEDD and advertisers, rather than copying, modifying, compiling or creating derivative products related to the content arbitrarily.
8. In no event shall ERGEDD be liable for any indirect, consequential, punitive, accidental, special or penal damages, including any loss of profit arising from the use of ERGEDD’s services by users (even if ERGEDD has been informed of the possibility of such loss). Notwithstanding any contrary provisions contained in this Agreement, ERGEDD’s full liability to you, for whatever reason or in whatever manner of conduct, shall not exceed the fee paid to ERGEDD by you for the use of ERGEDD’s services (if any).
9. In order to facilitate your better enjoyment of ERGEDD service, ERGEDD service may be linked with third-party Internet websites or resources. ERGEDD has no control over the services of the third-party website. ERGEDD shall not be liable for any loss or damage caused by your use or reliance on the above website or resources.
V. Complaint Handling
1. If you think that the audio-visual content searched by ERGEDD users violated your right of information network communication or deleted, changed your rights to manage electronic information, you may send an email through the mailbox specifically set up ERGEDD to accept the copyright and infringement notification (firstname.lastname@example.org) or you can make offline contact, asking for deleting the work or disconnecting the link of the work. The notice shall be in the standard format issued by the National Copyright Administration and signed by the right holder or his legal authorized person. If it is a unit, it shall be affixed with the official seal of the unit, and shall include the following contents:
(1) Name, contact information, address, copy of ID card (natural person), copy of unit registration certificate (unit);
(2) The exact name and network address of the infringing work requested to be deleted or disconnected, so that ERGEDD can find and preliminarily review the suspected infringement works;
(3) The preliminary evidentiary materials for infringement, including but not limited to the copyright of the work or the ownership certificate of the information network communication right according to law. The right holder shall be responsible for the authenticity of the notice. If the content of the notice is not true, the right holder will bear all the legal liability caused thereby.
2. Upon receipt of notice from the right holder:
(1) Delete the work suspected of infringement within a reasonable time, or disconnect the link to the work suspected of infringement, and at the same time forward the notice to the work provider;
(2) In addition to the counter-notification procedures, ERGEDD has the right to terminate the use of the account at any time without prior notice for users who upload the same infringing works on the same account for several times.
3. If the user uploading or providing links to program sources, after receiving the notice forwarded by ERGEDD, considers that the work provided by him does not infringe upon the rights of others, he may submit a written statement of counter-notice to ERGEDD, requesting the restoration of the deleted work or the disconnected work link. The counter-notification shall be signed by the provider of the work or its legal authorized person, or affixed with the official seal of the work if it is an organization. And the counter-notification shall contain the following contents:
(1) Name, contact information, address, copy of ID card (natural person), copy of registration certificate (unit) of the work provider;
(2) The exact name and network address of the deleted or disconnected work requested to be restored, so that ERGEDD can find and preliminarily review the suspected infringement works;
(3) The preliminary evidentiary materials for not constituting infringement, including but not limited to the copyright of the work or the ownership certificate of the information network communication right according to law. The provider of the work shall be responsible for the authenticity of the counter-notice. If the content of the notice is not true, the provider shall bear all the legal liabilities caused thereby.
4. After receiving the counter-notification from the work provider, ERGEDD will immediately restore the deleted work or the disconnected work link, and transfer the counter-notification from the work provider to the right holder. ERGEDD does not assume any legal responsibility for the restoration of deleted works or disconnected work links. The right holder shall not notify ERGEDD to delete the work or disconnect the work link.
1. All notices hereunder may be made by means of important page announcements, E-mail or regular mail transmission; such notice shall be deemed to have been delivered to the addressee on the date of transmission.
2. The invalidity of any provision of this Agreement in part or in whole shall not affect the validity of any other provision.
3. The copyright of this Agreement is owned by ERGEDD, and ERGEDD reserves all rights of interpretation and modification.