Welcome to Dazibao !
1. Your relationship with Dazibao
1.1
Your use of Dazibao’s
products, software, services and web sites (referred to collectively as
the
“Services” in this document and excluding any
services provided to you by Dazibao
under a separate written agreement) is subject to the terms of a legal
agreement between you and Dazibao. “Dazibao” means
Dazibao Inc., whose
principal place of business is at 5815 Will Clayton Parkway, Houston,
TX 77338,
United States. This document explains how the agreement is made up, and
sets
out some of the terms of that agreement.
1.2
Unless otherwise agreed in
writing with Dazibao, your agreement with Dazibao will always include,
at a
minimum, the terms and conditions set out in this document. These are
referred
to below as the “Universal Terms”.
1.3
Your agreement with Dazibao
will also include the terms of any Legal Notices applicable to the
Services, in
addition to the Universal Terms. All of these are referred to below as
the
“Additional Terms”. Where Additional Terms apply to
a Service, these will be
accessible for you to read either within, or through your use of, that
Service.
1.4
The Universal Terms, together
with the Additional Terms, form a legally binding agreement between you
and Dazibao
in relation to your use of the Services. It is important that you take
the time
to read them carefully. Collectively, this legal agreement is referred
to below
as the “Terms”.
1.5
If there is any contradiction
between what the Additional Terms say and what the Universal Terms say,
then
the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.2
You can accept the Terms by:
(A)
clicking to accept or agree to
the Terms, where this option is made available to you by Dazibao in the
user
interface for any Service; or
(B)
by actually using the
Services. In this case, you understand and agree that Dazibao will
treat your
use of the Services as acceptance of the Terms from that point onwards.
2.3
You may not use the Services
and may not accept the Terms if (a) you are not of legal age to form a
binding
contract with Dazibao, or (b) you are a person barred from receiving
the
Services under the laws of the United States or other countries
including the
country in which you are resident or from which you use the Services.
2.4
Before you continue, you
should print off or save a local copy of the Universal Terms for your
records.
3. Language of the Terms
3.1
Where Dazibao has provided you
with a translation of the English language version of the Terms, then
you agree
that the translation is provided for your convenience only and that the
English
language versions of the Terms will govern your relationship with
Dazibao.
3.2
If there is any contradiction
between what the English language version of the Terms says and what a
translation says, then the English language version shall take
precedence.
4. Provision of the Services by
Dazibao
4.1
Dazibao has subsidiaries and
affiliated legal entities around the world (“Subsidiaries and
Affiliates”).
Sometimes, these companies will be providing the Services to you on
behalf of Dazibao
itself. You acknowledge and agree that Subsidiaries and Affiliates will
be
entitled to provide the Services to you.
4.2
Dazibao is constantly
innovating in order to provide the best possible experience for its
users. You
acknowledge and agree that the form and nature of the Services which
Dazibao
provides may change from time to time without prior notice to you.
4.3
As part of this continuing
innovation, you acknowledge and agree that Dazibao may stop
(permanently or
temporarily) providing the Services (or any features within the
Services) to
you or to users generally at Dazibao’s sole discretion,
without prior notice to
you. You may stop using the Services at any time. You do not need to
specifically inform Dazibao when you stop using the Services.
4.4
You acknowledge and agree that
if Dazibao disables access to your account, you may be prevented from
accessing
the Services, your account details or any files or other content which
is
contained in your account.
4.5
You acknowledge and agree that
while Dazibao may not currently have set a fixed upper limit on the
number of
transmissions you may send or receive through the Services or on the
amount of
storage space used for the provision of any Service, such fixed upper
limits
may be set by Dazibao at any time, at Dazibao’s discretion.
5. Use of the Services by you
5.2
You agree to use the Services
only for purposes that are permitted by (a) the Terms and (b) any
applicable
law, regulation or generally accepted practices or guidelines in the
relevant
jurisdictions (including any laws regarding the export of data or
software to
and from the United States or other relevant countries).
5.3
You agree not to access (or
attempt to access) any of the Services by any means other than through
the
interface that is provided by Dazibao, unless you have been
specifically
allowed to do so in a separate agreement with Dazibao. You specifically
agree
not to access (or attempt to access) any of the Services through any
automated
means (including use of scripts or web crawlers) and shall ensure that
you
comply with the instructions set out in any robots.txt file present on
the
Services.
5.4
You agree that you will not
engage in any activity that interferes with or disrupts the Services
(or the
servers and networks which are connected to the Services).
5.5
Unless you have been
specifically permitted to do so in a separate agreement with Dazibao,
you agree
that you will not reproduce, duplicate, copy, sell, trade or resell the
Services for any purpose.
5.6
You agree that you are solely
responsible for (and that Dazibao has no responsibility to you or to
any third
party for) any breach of your obligations under the Terms and for the
consequences (including any loss or damage which Dazibao may suffer) of
any
such breach.
6. Your passwords and account
security
6.1
You agree and understand that
you are responsible for maintaining the confidentiality of passwords
associated
with any account you use to access the Services.
6.2
Accordingly, you agree that
you will be solely responsible to Dazibao for all activities that occur
under
your account.
7. Privacy and your personal
information
7.1
For information about Dazibao’s
data protection practices, please read Dazibao’s privacy
policy at http://support.dazibao.com.cn/privacypolicy.html .This policy explains how Dazibao treats your personal information, and
protects
your privacy, when you use the Services.
7.2
You agree to the use of your
data in accordance with Dazibao’s privacy policies.
8. Content in the Services
8.1
You understand that all
information (such as data files, written text, computer software,
music, audio
files or other sounds, photographs, videos or other images) which you
may have
access to as part of, or through your use of, the Services are the sole
responsibility of the person from which such content originated. All
such information
is referred to below as the “Content”.
8.2
You should be aware that
Content presented to you as part of the Services, including but not
limited to
advertisements in the Services and sponsored Content within the
Services may be
protected by intellectual property rights which are owned by the
sponsors or
advertisers who provide that Content to Dazibao (or by other persons or
companies on their behalf). You may not modify, rent, lease, loan,
sell,
distribute or create derivative works based on this Content (either in
whole or
in part) unless you have been specifically told that you may do so by
Dazibao
or by the owners of that Content, in a separate agreement.
8.3
Dazibao reserves the right
(but shall have no obligation) to pre-screen, review, flag, filter,
modify,
refuse or remove any or all Content from any Service. For some of the
Services,
Dazibao may provide tools to filter out explicit sexual content. These
tools
include the SafeSearch preference settings. In addition, there are
commercially
available services and software to limit access to material that you
may find
objectionable.
8.4
You understand that by using
the Services you may be exposed to Content that you may find offensive,
indecent or objectionable and that, in this respect, you use the
Services at
your own risk.
8.5
You agree that you are solely
responsible for (and that Dazibao has no responsibility to you or to
any third
party for) any Content that you create, transmit or display while using
the
Services and for the consequences of your actions (including any loss
or damage
which Dazibao may suffer) by doing so.
9. Proprietary rights
9.1
You acknowledge and agree that
Dazibao (or Dazibao’s licensors) own all legal right, title
and interest in and
to the Services, including any intellectual property rights which
subsist in
the Services (whether those rights happen to be registered or not, and
wherever
in the world those rights may exist). You further acknowledge that the
Services
may contain information which is designated confidential by Dazibao and
that
you shall not disclose such information without Dazibao’s
prior written
consent.
9.2
Unless you have agreed
otherwise in writing with Dazibao, nothing in the Terms gives you a
right to
use any of Dazibao’s trade names, trade marks, service marks,
logos, domain
names, and other distinctive brand features.
9.3
If you have been given an
explicit right to use any of these brand features in a separate written
agreement with Dazibao, then you agree that your use of such features
shall be
in compliance with that agreement, any applicable provisions of the
Terms, and Dazibao's
brand feature use guidelines as updated from time to time.
9.4
Other than the limited license
set forth in Section 11, Dazibao acknowledges and agrees that it
obtains no
right, title or interest from you (or your licensors) under these Terms
in or
to any Content that you submit, post, transmit or display on, or
through, the
Services, including any intellectual property rights which subsist in
that
Content (whether those rights happen to be registered or not, and
wherever in
the world those rights may exist). Unless you have agreed otherwise in
writing
with Dazibao, you agree that you are responsible for protecting and
enforcing
those rights and that Dazibao has no obligation to do so on your behalf.
9.5
You agree that you shall not
remove, obscure, or alter any proprietary rights notices (including
copyright
and trade mark notices) which may be affixed to or contained within the
Services.
9.6
Unless you have been expressly
authorised to do so in writing by Dazibao, you agree that in using the
Services, you will not use any trade mark, service mark, trade name,
logo of
any company or organisation in a way that is likely or intended to
cause
confusion about the owner or authorised user of such marks, names or
logos.
10. Licence from Dazibao
10.1
Dazibao gives you a personal,
worldwide, royalty-free, non-assignable and non-exclusive licence to
use the
software provided to you by Dazibao as part of the Services as provided
to you
by Dazibao (referred to as the “Software” below).
This licence is for the sole
purpose of enabling you to use and enjoy the benefit of the Services as
provided by Dazibao, in the manner permitted by the Terms.
10.2
You may not (and you may not
permit anyone else to) copy, modify, create a derivative work of,
reverse
engineer, decompile or otherwise attempt to extract the source code of
the
Software or any part thereof, unless this is expressly permitted or
required by
law, or unless you have been specifically told that you may do so by
Dazibao,
in writing.
10.3
Unless Dazibao has given you
specific written permission to do so, you may not assign (or grant a
sub-licence of) your rights to use the Software, grant a security
interest in
or over your rights to use the Software, or otherwise transfer any part
of your
rights to use the Software.
11. Content licence from you
11.1
You retain copyright and any
other rights you already hold in Content which you submit, post or
display on
or through, the Services. By submitting, posting or displaying the
content you
give Dazibao a perpetual, irrevocable, worldwide, royalty-free, and
non-exclusive licence to reproduce, adapt, modify, translate, publish,
publicly
perform, publicly display and distribute any Content which you submit,
post or
display on or through, the Services. This licence is for the sole
purpose of
enabling Dazibao to display, distribute and promote the Services and
may be
revoked for certain Services as defined in the Additional Terms of
those
Services.
11.2
You agree that this licence
includes a right for Dazibao to make such Content available to other
companies,
organizations or individuals with whom Dazibao has relationships for
the
provision of syndicated services, and to use such Content in connection
with
the provision of those services.
11.3
You understand that Dazibao,
in performing the required technical steps to provide the Services to
our
users, may (a) transmit or distribute your Content over various public
networks
and in various media; and (b) make such changes to your Content as are
necessary to conform and adapt that Content to the technical
requirements of
connecting networks, devices, services or media. You agree that this
licence
shall permit Dazibao to take these actions.
11.4
You confirm and warrant to Dazibao
that you have all the rights, power and authority necessary to grant
the above
licence.
12. Software updates
12.1
The Software which you use
may automatically download and install updates from time to time from
Dazibao.
These updates are designed to improve, enhance and further develop the
Services
and may take the form of bug fixes, enhanced functions, new software
modules
and completely new versions. You agree to receive such updates (and
permit Dazibao
to deliver these to you) as part of your use of the Services.
13. Ending your relationship
with Dazibao
13.1
The Terms will continue to
apply until terminated by either you or Dazibao as set out below.
13.2
If you want to terminate your
legal agreement with Dazibao, you may do so by (a) notifying Dazibao at
any
time and (b) closing your accounts for all of the Services which you
use, where
Dazibao has made this option available to you. Your notice should be
sent, in
writing, to Dazibao’s address which is set out at the
beginning of these Terms.
13.3
Dazibao may at any time,
terminate its legal agreement with you if:
(A)
you have breached any
provision of the Terms (or have acted in manner which clearly shows
that you do
not intend to, or are unable to comply with the provisions of the
Terms); or
(B)
Dazibao is required to do so
by law (for example, where the provision of the Services to you is, or
becomes,
unlawful); or
(C)
the partner with whom Dazibao
offered the Services to you has terminated its relationship with
Dazibao or
ceased to offer the Services to you; or
(D)
Dazibao is transitioning to no
longer providing the Services to users in the country in which you are
resident
or from which you use the service; or
(E)
the provision of the Services
to you by Dazibao is, in Dazibao’s opinion, no longer
commercially viable.
13.4
Nothing in this Section shall
affect Dazibao’s rights regarding provision of Services under
Section 4 of the
Terms.
13.5
When these Terms come to an
end, all of the legal rights, obligations and liabilities that you and
Dazibao
have benefited from, been subject to (or which have accrued over time
whilst
the Terms have been in force) or which are expressed to continue
indefinitely,
shall be unaffected by this cessation, and the provisions of paragraph
20.7
shall continue to apply to such rights, obligations and liabilities
indefinitely.
14. EXCLUSION OF WARRANTIES
14.1
NOTHING IN THESE TERMS,
INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT
DAZIBAO’S WARRANTY OR
LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY
APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN
WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR LOSS
OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
TERMS,
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
LIMITATIONS WHICH
ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY
WILL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE
SERVICES
ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
(A)
YOUR USE OF THE SERVICES WILL
MEET YOUR REQUIREMENTS,
(B)
YOUR USE OF THE SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C)
ANY INFORMATION OBTAINED BY
YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, AND
(D)
THAT DEFECTS IN THE OPERATION
OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE
SERVICES WILL
BE CORRECTED.
14.4
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO
YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM
THE
DOWNLOAD OF ANY SUCH MATERIAL.
14.5
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAZIBAO OR THROUGH OR
FROM THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6
DAZIBAO FURTHER EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1
SUBJECT TO OVERALL PROVISION
IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
DAZIBAO, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO
YOU FOR:
(A)
ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE
INCURRED BY
YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL
INCLUDE, BUT
NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR
INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF
DATA
SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSS;
(B)
ANY LOSS OR DAMAGE WHICH MAY
BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGEAS A
RESULT OF:
(I)
ANY RELIANCE PLACED BY YOU ON
THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A
RESULT OF
ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR
SPONSOR WHOSE
ADVERTISING APPEARS ON THE SERVICES;
(II)
ANY CHANGES WHICH DAZIBAO MAY
MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN
THE
PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III)
THE DELETION OF, CORRUPTION
OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA
MAINTAINED
OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III)
YOUR FAILURE TO PROVIDE DAZIBAO
WITH ACCURATE ACCOUNT INFORMATION;
(IV)
YOUR FAILURE TO KEEP YOUR
PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2
THE LIMITATIONS ON DAZIBAO’S
LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT
DAZIBAO HAS
BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY
SUCH LOSSES
ARISING.
16. Copyright and trade mark
policies
16.1
It is Dazibao’s policy to
respond to notices of alleged copyright infringement that comply with
applicable international intellectual property law (including, in the
United
States, the Digital Millennium Copyright Act) and to terminating the
accounts
of repeat infringers.
16.2
Dazibao operates a trade mark
complaints procedure in respect of Dazibao’s advertising
business.
17. Advertisements
17.1
Some of the Services are
supported by advertising revenue and may display advertisements and
promotions.
These advertisements may be targeted to the content of information
stored on
the Services, queries made through the Services or other information.
17.2
The manner, mode and extent
of advertising by Dazibao on the Services are subject to change without
specific notice to you.
18. Other content
18.1
The Services may include
hyperlinks to other web sites or content or resources. Dazibao may have
no
control over any web sites or resources which are provided by companies
or
persons other than Dazibao.
18.2
You acknowledge and agree
that Dazibao is not responsible for the availability of any such
external sites
or resources, and does not endorse any advertising, products or other
materials
on or available from such web sites or resources.
18.3
You acknowledge and agree
that Dazibao is not liable for any loss or damage which may be incurred
by you
as a result of the availability of those external sites or resources,
or as a
result of any reliance placed by you on the completeness, accuracy or
existence
of any advertising, products or other materials on, or available from,
such web
sites or resources.
19. Changes to the Terms
19.1
Dazibao may make changes to
the Universal Terms or Additional Terms from time to time. When these
changes
are made, Dazibao will make a new copy of the Universal Terms available
at http://support.Dazibao.com/terms_of_service.html
and any new Additional Terms will be made available to you from within,
or
through, the affected Services.
19.2
You understand and agree that
if you use the Services after the date on which the Universal Terms or
Additional Terms have changed, Dazibao will treat your use as
acceptance of the
updated Universal Terms or Additional Terms.
20. General legal terms
20.1
Sometimes when you use the
Services, you may (as a result of, or through your use of the Services)
use a
service or download a piece of software, or purchase goods, which are
provided
by another person or company. Your use of these other services,
software or
goods may be subject to separate terms between you and the company or
person
concerned. If so, the Terms do not affect your legal relationship with
these
other companies or individuals.
20.2
The Terms constitute the
whole legal agreement between you and Dazibao and govern your use of
the
Services (but excluding any services which Dazibao may provide to you
under a
separate written agreement), and completely replace any prior
agreements
between you and Dazibao in relation to the Services.
20.3
You agree that Dazibao may
provide you with notices, including those regarding changes to the
Terms, by
email, regular mail, or postings on the Services.
20.4
You agree that if Dazibao
does not exercise or enforce any legal right or remedy which is
contained in
the Terms (or which Dazibao has the benefit of under any applicable
law), this
will not be taken to be a formal waiver of Dazibao’s rights
and that those
rights or remedies will still be available to Dazibao.
20.5
If any court of law, having
the jurisdiction to decide on this matter, rules that any provision of
these
Terms is invalid, then that provision will be removed from the Terms
without
affecting the rest of the Terms. The remaining provisions of the Terms
will
continue to be valid and enforceable.
20.6
You acknowledge and agree
that each member of the group of companies of which Dazibao is the
parent shall
be third party beneficiaries to the Terms and that such other companies
shall
be entitled to directly enforce, and rely upon, any provision of the
Terms
which confers a benefit on (or rights in favor of) them. Other than
this, no
other person or company shall be third party beneficiaries to the Terms.
20.7
The Terms, and your
relationship with Dazibao under the Terms, shall be governed by the
laws of the
State of Texas without regard to its conflict of laws provisions. You
and Dazibao
agree to submit to the exclusive jurisdiction of the courts located
within the
county of Houston, Texas to resolve any legal matter arising from the
Terms.
Notwithstanding this, you agree that Dazibao shall still be allowed to
apply
for injunctive remedies (or an equivalent type of urgent legal relief)
in any
jurisdiction.
