User Service Agreement
This Agreement is entered into by the User (hereinafter referred to as the "User" or "You") and PassToday (hereinafter referred to as the "Company" or the "Platform") and the Platform will provide services to you in accordance with provisions of this User Service Agreement (hereinafter referred to as the "Agreement"). The "Platform" refers to the Company and/or the Company's affiliate that may operate the relevant services.
The contents hereof constitute the precondition for your (whether an individual or an institute, an organization or a group) use of the relevant services provided by the Platform. Please do not use or please initiatively cancel the relevant services provided by the Platform if you don't agree to any term set forth herein or any modification made to the terms hereof subsequently. By using the relevant services, you shall be deemed to have fully accepted all terms hereof.
Please carefully read all terms and conditions hereof, particularly those highlighted in black bold face. You represent and warrant that you have full capacity for civil conduct to agree to and abide by the Agreement.
1 Service Description
1.1 The content of the services used by the User on the Platform is provided by the Company on an as available basis and may be added, deleted, modified or adjusted by the Company from time to time, including but not limited to,
The homepage of the Platform www.PassToday.com （and any other website operated by the Platform）;
1.1.2 All terminal client products directly owned or operated by the Platform, including but not limited to PC, tablets, mobile phones and TV;
1.1.3 Servers and online storage space directly owned or operated by the platform;
1.1.4 If the Platform analyzes the knowledge related to the content uploaded by you, such analysis will not be made on the basis of the content uploaded by you and the Platform makes no warranty regarding the correctness or reliability of the analysis provided by it;
1.1.5 If the Platform analyzes part of the knowledge related to the content uploaded by any user, you may download the analyzed content pursuant to the Agreement to the extent permitted by applicable laws provided that no material downloaded or obtained by you using the services of the Platform shall infringe legitimate rights and interests of any third party or be used for any commercial purpose, failing which, you shall solely bear the risk thereof and the Platform reserves the right to claim legal liability and all losses and/or damage against you;
1.1.6 All kinds of value-added services provided to you by the Platform;
1.1.7 Other technology and/or services provided to you by the Platform.
1.2 Services provided by the Platform comprise free services and paid services. Services now provided for free may, subject to adjustment of the Company's policy, be changed to paid services by the Company and the Company will give a prior notice to the User in the case of such change and the User may discontinue the use of the services if the User doesn't agree to such change. Paid services are not based on, and have no specific connection with, any specific content. The Company has the right to, at its sole discretion, determine and from time to time adjust, the prices of such services and will publish the adjusted prices on the Platform. The User may discontinue the purchase of the paid services upon the expiration of the paid services originally purchased by him/her if he/she doesn't agree to such adjusted prices. If the User continues to purchase the paid services after the Company adjusts and publishes the prices, the User shall be deemed to have accepted the adjusted prices.
1.3 Services provided by the Platform shall be used within the Platform only. Any action to separate the service provided by the Platform from the Platform by malicious cracking and other illegal means shall not constitute the services provided by the Platform as set forth herein. The person who takes such action shall be liable for all consequences arising therefrom and the Platform reserves the right to claim legal liability against such person according to law.
1.4 The only way to legally use the services of the Platform as officially published by the Platform is registration, login and [downloading clients (including but not limited to iOS, Android and other smart platforms)]. The services of the Platform obtained by the User in any other way, through any other channel or by any other method shall be services obtained illegally, the Platform will not recognize the validity thereof and may, upon finding such event, immediately take actions including deletion, clearing and account termination and the User shall be solely liable for all adverse consequences resulted therefrom.
1.5 The User understands and recognizes that the Platform has the following rights, that the Platform's exercise of the following rights shall not be deemed as a breach and that the User will not claim or will waiver the relevant legal liability of the Platform. The User has the right to use his/her account on the Platform which is obtained by him/her legally and the relevant services and products under his/her account for a long term provided that the User acknowledges that he/she only has the right to use the aforementioned services and products and the ownership and intellectual property rights of such services and products and derivatives thereof are owned by the Platform (except for the ownership of tangible products obtained by the User through legal channels) . The Platform is entitled to at its sole discretion decide the recovery date of such use right based on the actual situation, without giving a separate notice to or obtaining consent of the User.
1.6 The Platform shall have the right to, by a prior announcement to the User (including but not limited to pop-up announcement, website homepage announcement and system messages), modify, replace or upgrade any software related to the services of the Platform. The User should directly refuse, stop or cancel the use of the services if he/she doesn't agree to or accept the modification, replacement or upgrading related to the Platform, otherwise, the User shall be deemed to have agreed to and accepted such modification, replacement and upgrading and shall continue to be bound by this Agreement.
2 Registration of User
If you intend to upload audio-visual materials, texts or pictures etc. to the online storage space provided by the Platform, you shall create an account and set your password, shall guarantee the authenticity, correctness and completeness of your registration information and shall promptly change your registration information in the case of any change thereof. Upon completion of the registration procedures for the services hereunder, you shall maintain the confidentiality and security of your account and password. You shall be fully liable for actions taken by any person using your account and password. As the Platform is unable to identify illegal or unauthorized use of your account and password, the Platform will not bear any liability. Further, you agree and covenant that,
2.1 You will immediately and effectively give a notice to the Platform in the case of any unauthorized use of your account or password or any security problem;
2.2 You will log out of your account safely whenever after logging into the Platform or using the relevant services;
2.3 You agree to accept notification message and the relevant information sent by the Platform to you by e-mail, client, webpage or other legal methods;
2.4 You covenant that you will not, in registering or using your account on the Platform,
2.4.1 Willfully register an account on the Platform for yourself by falsely using the information of others;
2.4.2 Register an account on the Platform in the name of any other person without obtaining legal authorization of such person;
2.4.3 Steal or embezzle the account, services or products of the Platform which are obtained by others;
2.4.4 Register an account on the Platform by using words which are insulting, slanderous, pornographic, politic or in violation of laws, morality and public order and good custom;
2.4.5 Maliciously take advantage of bugs of the website by rightful or unrightful means for the purpose of illegally possessing the relevant service resources of the Platform; or
2.4.6 Other contents infringing upon legitimate rights and interests of others.
2.5 You hereby agree that the Platform shall have the right to ban the registration and/or terminate the account of any user who violates any of the terms set forth in the preceding paragraph.
2.6 You understand and know that, you may log into the Platform and all products under the platform system provided by the Platform's affiliates with your account on the Platform.
3 Contents on the Platform
3.1 Works uploaded or posted on the Platform by you refer to video, audio or any other forms of contents uploaded or spread by you on the Platform, including but not limited to images, texts and links.
3.2 The liability for messages, materials, texts, software, music, news, photos, images, video, information or other forms of material uploaded, posted, e-mailed or otherwise transmitted by using the services provided by the Platform, whether publicly or privately, shall be borne by the person providing or uploading such contents.
3.3 The Platform is unable to know in advance and reasonably control contents uploaded by using the services of the Platform and you therefore has foreseen that you may be exposed to some unpleasant, uncomfortable or offensive contents in using the services of the platform and you agree to waive any right of recourse against the Platform which may arise therefrom provided that the Platform has the right to stop the transmission of any such content and take applicable actions according to law, including but not limited to, suspending your use of the services of the Platform in part or in whole, maintaining the relevant records and reporting to the competent authority.
3.4 You shall be solely liable for your own actions on the Platform. If your use of the services of the Platform fails to conform to this Agreement, the Platform shall have the right to at its sole discretion take actions and may suspend your account without giving a prior notice to and/or obtain the consent of the User. If you disseminate and spread information related to laws and regulations, system records of the Platform may serve as the evidence for your violation of the relevant laws.
3.5 You shall fully indemnify the Platform for all expenses borne by the Platform (including but not limited to all kinds of compensations, attorney's fee and other reasonable expenses incurred as a result thereof) as a result of any claim lodged against the Platform by a third party for your violation of provisions hereof.
4 Rules of Use
4.1 The User shall, in using the services of the Platform, comply with the following laws and regulations
4.1.1 Law of the People's Republic of China on Guarding State Secrets
4.1.2 Copyright Law of the People's Republic of China
4.1.3 Regulations of the People's Republic of China on Protecting the Safety of Computer Information Systems
4.1.4 Regulations on the Protection of Computer Software
4.1.5 Management Provisions on Electronic Bulletin Services in Internet
4.1.6 Regulation on the Protection of the Right to Communicate Works to the Public over Information Networks
4.1.7 Cyber Security Law of the People’s Republic of China
4.1.8 Other laws and regulations containing provisions regarding computers and the Internet.
4.2 Under any circumstance, the Platform may, if reasonably believing that actions of the User may violate any of the laws and regulations set forth above, terminate the provision of the services to the User at any time without prior notice.
4.3 The User shall be prohibited to take any of the following actions:
4.3.1 Producing, uploading, copying, transmitting or spreading contents, including but not limited to messages, materials, texts, software, music, photos, images, information or other forms of materials, which are irrelevant to the service content of the Platform or contain content that violates the basic principles determined in the Constitution, endangers national security, divulges state secrets, subverts the national regime or destroys national unity, impairs the reputation or interest of the State, incites ethnic hatred or ethnic discrimination ,destroys ethnic unity, destroys the State’s religious policies ,propagates heresy and feudal superstitions, obscenity, pornography, gambling, violence, murder, terror ,instigates crime, insults or slanders others, infringes upon others' lawful rights and interests or is otherwise prohibited by laws and administrative regulations or offensive ;
4.3.2 In any manner causing harm to the minors;
4.3.3 Impersonating any person or entity or falsefully claiming or misleading others that he/she has any connection with any person or entity;
4.3.4 Misleading others that the content is transmitted by the Platform by forging headers or otherwise manipulating identification data;
4.3.5 Uploading, posting, e-mailing or otherwise transmitting contents that he/she has no right to transmit (such as internal information and confidential information);
4.3.6 Uploading, posting, e-mailing or otherwise transmitting contents infringing upon patents, trademarks, copyright, trade secrets or other intellectual property rights of others;
4.3.7 Uploading, posting, e-mailing or otherwise transmitting advertising letters, promotion materials or "spams";
4.3.8 Tracking or otherwise harassing others;
4.3.9 Uploading, posting, e-mailing or otherwise transmitting any software virus or other computer codes, files or programs that interfere, damage or limit the function of any computer software, hardware or communication equipment;
4.3.10 Interfering or damaging the services of the Platform or servers and network connected thereto or failing to comply with provisions hereof;
4.3.11 Violating any applicable laws, regulations, rules, ordinances and other legally binding norms of China, whether intentionally or unintentionally;
4.3.12 The User shall guarantee that the contents uploaded by it will not violate the relevant regulations of SARFT and other competent authorities, will comply with provisions of laws, administrative rules or departmental rules and will not containing content which,
（1） violates the basic principles determined in the Constitution,
（2） endangers national security, sovereignty and territorial integrity;
（3） divulges state secrets, endangers national security or impairs the reputation or interest of the State,
（4） incites ethnic hatred or ethnic discrimination, destroys ethnic unity or violates ethnic customs and habits;
（5） Disturbs the social order or destroys the social stability;
（6） Induces illegal and criminal actions of minors or propagates violence, pornography, gambling or terrorist activities;
（7） insults or slanders others or infringes upon others' personal privacy and other lawful rights and interests;
（8） Endangers public morality or damages excellent national cultural tradition;
（9） is otherwise prohibited by laws, administrative regulations or policies of the State.;
4.3.13 If the contents uploaded by the User contain any information or content in violation of policies, laws and regulations as set forth above, the User shall directly bear all adverse consequences arising therefrom, shall eliminate adverse effect on the Platform resulted therefrom and shall indemnify the Platform for all losses caused thereby.
4.4 The User shall not, through any channel or media (including but not limited to We Media), release any material bearing the words "cooperation with the Platform", "jointly produced by xx and the Platform" or otherwise containing the brand of the "Platform". Any promotional materials to be posted by the User which contain "Passtoday" shall require written consent of the cooperation department of the Platform, otherwise the User shall indemnify the Platform for all losses resulted therefrom.
5 Intellectual Property Rights
5.1 Subject to the Universal Copyright Convention, the Copyright Law of the People's Republic of China, the Patent Law of the People's Republic of China and other laws and regulations concerning intellectual property rights, all intellectual property rights of the services of the Platform and software, technology, trademarks and materials used in connection therewith shall remain with and be owned by the Platform. "Intellectual Property Rights" include any and all rights prescribed by the patent law, the copyright law, the trademark law, the anti-unfair competition law and other laws, any and all ownership of any other kind and any and all application, updating, extension and renewal thereof.
5.2 The User shall not modify, adapt, translate, create derivates of the software, technology, materials used by the services of the Platform or obtain source code thereof by reverse engineering, decompiling, disassembling or otherwise, failing which, the User shall bear all legal consequences arising therefrom and the Platform will claim legal liability against the User according to law.
5.3 The User shall not maliciously modify, copy or spread the software, technology or materials etc. used by the services of the Platform, failing which, the User shall be solely liable for damage to others caused thereby and shall bear legal liability for damage to the image of the Platform.
5.4 The User shall not delete, cover or change the copyright notice, trademark notice or other right notice of the Platform without authorization. All design patters and other patterns, products and service designation are trademarks and logos owned by the Platform and/or its affiliates and shall not be exploited, copied or used for any other purpose.
5.5 The Platform owns full intellectual property rights of the contents uploaded by it and other exclusive contents obtained by it under authorization. Without permission of the Platform, no entity or person shall repost, spread or provide streaming service for such contents or otherwise infringe the intellectual property rights of the Platform, otherwise, the Platform will claim legal liability against the infringer.
5.6 You warrant that you own legal copyright of and has obtained authorization for the works uploaded or posted by you on the Platform and the Platform has the right to display, disseminate and promote (if necessary) such works.
5.7 If any third party intends to use the contents uploaded on the Platform by a user of the Platform, it shall obtain the prior consent of such user.
5.8 You agree to grant the Platform royalty-free, permanent, irrevocable, non-exclusive and fully sublicensable rights and licenses to use, copy, modify, adapt, publish, translate, create derivatives of, spread, perform and display in part or in whole or include in any works, media or technology of any other form now existing or hereafter developed any content posted on the Platform by you and you grant the Platform the right to at its sole discretion take legal actions (including but not limited to lawsuit, reporting, lawyer's letter and other forms) against the infringement by any subject.
5.9 Contents uploaded on the Platform by you shall not infringe intellectual property rights of others, including copyright, and other rights. The liability of any legal dispute arising from your question, answer, post, comment or other information or material shall be borne by you and shall be irrelevant to the Platform.
5.10 If any content uploaded on the Platform by you infringes copyright or other right of any third party, the Platform shall have the right to delete such content when the third party raises an objection in compliance with the complaint and reporting mechanism of the Platform and may restore the content so deleted upon request of the User after the person raising the objection and the User settles the dispute by way of compromise, mediation, arbitration or lawsuit.
5.11 Intellectual property rights owned by and belonging to the Platform will not be transferred by virtue of any use by the User.
6 Complaint and Reporting Mechanism
6.1 The Platform shall have the right to formulate and publish and from time to time adjust, if necessary, the compliant and reporting mechanism for suspected infringement of contents on the Platform.
6.2 If you believe that any content on the Platform, including but not limited to any question, answer, post, comment or other information or material infringes your trademark right, copyright other legitimate right, you should submit a request to the Platform in accordance with the procedures set forth in the compliant and reporting mechanism separately published by the Platform or in other notices.
6.3 Upon receipt of your compliant and reporting, the Platform will take actions in accordance with laws and regulations and normative government documents of China and administrative regulations of the Platform, including but not limited to removing the relevant content or blocking the relevant links or any other action the Platform deems fit and the Platform may report to the competent government departments for serious cases.
7.1 The Platform has the right but not the obligation to improve or correct any omission or error in any part of the services of the Platform.
7.2 The Platform makes no warranty regarding (including but not limited to) the following matters:
7.2.1 The website, clients and other software provided by the Platform have been tested by the Platform though, the Platform, due to technical limitations, cannot warrant that such software will be fully compatible with other software, hardware or system. In case of any incompatibility, the User may report to the Platform for technical support and may at his/her option, uninstall or stop the use of the services of the Platform if the problem fails to be solved.
7.2.2 Each part of the services of the Platform may be affected by unstable factors as the services are based on Internet services. The services of the Platform may be interrupted or fail to meet requirements of the User for force majeure, hacking, system instability, network interruption, shutdown by the User, communication line or other reasons. The Platform will not warrant that the services of the Platform will meet the User's requirements for use thereof.
7.2.3 As the clients and other software provided by the Platform can be downloaded and spread on the Internet, the Platform can not warrant that the software related to the Platform which is not downloaded from the official website designated by the Platform or not obtained from the channel designated by the Platform contain no computer virus or disguised Trojan horse program or other hacking program and will not bear all direct or indirect damages and other legal liability of the User resulted therefrom.
7.2.4 The Platform makes no warranty regarding the security, reliability, timeliness and performance of the services and products of the Platform.
7.2.5 The Platform will not warrant that any product, service or other materials provided by it will meet the expectation of the User.
7.3 The User shall solely bear the risk of and be fully liable for damage to his/her computer system or loss of data arising from his/her use of, any material obtained or downloaded by him/her using the services of the Platform.
7.4 The Platform shall not be liable for any direct, indirect, incidental, consequential or punitive damages for loss of profits, business reputation or data or other tangible or intangible loss arising from,
7.4.1 Unavailability of all or part of the services of the Platform;
7.4.2 Any product, data or services purchased or obtained by using the services of the Platform;
7.4.3 Unauthorized use of or modification to the information of the User;
7.4.4 Other matters related to the services of the Platform.
7.5 The User shall properly keep his/her own account and password, strengthen the security of his/her password and protect his/her account from disclosure or stealin. The Platform will not indemnify the User for any loss arising from disclosure or stealing of his/her account or for any loss or reduction of the User's account or any property therein due to communication line fault of the telecommunication and network service department, network or computer fault, system instability, force majeure (e.g. sever crash) and any other reason non-attributable to the Platform.
7.6 The User understands and agrees that he/she will be solely liable for the risks arising from his/her use of the services of the Platform, including but not limited to actions of the User in using the services of the Platform and all consequences arising from the use of the services of the Platform. The User shall be solely liable for damage to the computer system or loss of data arising from his/her use of the services of the Platform.
8 Service Termination
8.1 You agree that the Platform has the right to, at its sole discretion, terminate your account or all or part of the services for any reason whatsoever, including but not limited to, lack of use or your violation of the terms and spirit hereof in the opinion of the Platform and remove and delete any content stored by you in the services of the Platform.
8.2 You agree that the services provided pursuant to any provision hereof may be suspended or terminated without any prior notice. You acknowledge and agree that, the Platform may immediately close or delete your account and all information and documents therein and/or ban the continuous use of such documents or services of the Platform.
8.3 The Platform may take the aforementioned actions without notice and will not be liable to the User or any third party.
9.1 In addition to cancellation of the User's account in accordance with the Agreement, platform rules and applicable laws and regulations, the User may submit a cancellation request to the Platform and if the User submits such request [the account shall be cancelled manually if the Account satisfies all of the following conditions]
9.1.1 The account is a membership account owned by the User;
9.1.2 There's no dispute regarding the ownership of the account;
9.1.3 The account is not blocked or suspended;
9.1.4 The User provides other information related to the account as required by the customer service personnel.
9.2 You fully understand and confirm that, your account ID will continue to exist after cancellation of your account provided that you will not own rights and interests in and to the account, including but not limited to,
9.2.1 The account, after cancellation, cannot be used by you on the Platform anymore and cannot be recovered;
9.2.2 Information of and services or products in, the account will be removed and will be unrecoverable;
9.2.3 The use history of the account will be removed and will be unrecoverable;
9.2.4 The Platform shall have the right to refuse to provide the User with any service related to the account after cancelation thereof.
9.3 [Account cancellation will be completed by customer service personnel of the Platform and the Platform shall have the right to refuse your cancellation request if you submit a cancellation request to the customer service personnel of the Platform for an account which],
9.3.1 Has any ongoing operation (e.g. request for retrieve of password or modification of mobile phone number);
9.3.2 Has contractual relationship (if any) for some business of the Platform and the term of such contractual relationship has not expired;
9.3.3 Otherwise fails to meet the conditions for cancellation.
9.4 [If the User intends to cancel his/her account, he/she shall submit a request to the customer service personnel who shall, upon examination and confirmation by the Platform, cancel the account].
9.5 The User shall be solely liable for inconveniences or adverse consequences arising from the cancellation of his/her account.
10 Privacy Statement
10.1 During the User's use of the Platform, we will collect information related to the User's use of the Platform, including information of the account registered or logged into by the User, information uploaded by the User, information of the User which is automatically received by the Platform and information of the User which is collected by the Platform by legal means, on a legal, rightful and necessary basis.
10.2 The Platform collects information of the User solely for the purpose of providing the User with better services. The Company will keep strictly confidential the information so collected and will not divulge, alter or damage such information or illegally sell or provide such information to others or provide such information to any third party or exploit such information for any other purpose or use, except for:
10.2.1 Disclosure to a third party with prior consent of the User;
10.2.2 Disclosure to a third party or administrative or judicial organ in accordance with applicable provisions of laws or requirements of administrative or judicial organ;
10.2.3 Disclosure which should be otherwise made under laws, regulations or policies.
11.1 If any sub-service of the Platform is attached with a separate use agreement, the use of such sub-service shall be subject to such separate use agreement.
11.2 The execution, effectiveness, performance of and dispute resolution under, the Agreement shall be governed by laws of the People's Republic of China. If any part hereof is held to be invalid due to conflict with laws of the People's Republic of China, the validity of the remaining parts will not be affected.
11.3 Any dispute arising from or in connection with the Agreement shall be settled through amicable negotiation. If no agreement can be reached through negotiation, such dispute shall be submitted to the competent court in the place where the Company is located for settlement through litigation.