Wandoujia End User Agreement
Terms and Conditions
- The Terms of this End User Agreement (hereinafter referred to as "Terms") are the related rights and obligations regulations entered into by and between you and Beijing Zhuoyi Xunchang Technologies Co., Ltd. (hereinafter referred to as "Wandoujia"), which are used to describe the detailed regulations on the services provided to you by Wandoujia and such services used by you. Therefore, please read all the contents of the Terms carefully and effectively prior to your registration as a user of Wandoujia or your commencement of use of the services provided by Wandoujia (including but not limited to, Wandoujia Windows Version, Wandoujia Android Version, Wandoujia Video Search iOS Version, Wandoujia Cloud Album iOS Version, Wandoujia Cloud Backup, Wandoujia Lock Screen, Wandoujia Search Service, Wandoujia Coin Payment Service and Wandoujia Developer Service etc.)
- The completion of your registration or the commencement of your use of any service provided by Wandoujia represents that you have unconditionally accepted relevant regulations of the Terms and various administrative regulations published by Wandoujia in this regard and are willing to be bound by the same. In the event of any dispute, you shall be solely liable for actually failure to read carefully the Terms, you may not defense by excuse of failure to read carefully the Terms.
The use of Wandoujia represents that you agree with the Terms on the left.
- The laws of the People's Republic of China (excluding Hong Kong, Macau and Taiwan) apply to the interpretation, effectiveness and dispute solution of the Terms. Both Wandoujia and you are entitled to submit any dispute arising from or related to the use of Wandoujia to Beijing Arbitration Commission for a solution by arbitration. Outcome of the arbitration shall be final and binding upon all parties.
And only the laws of the People's Republic of China, excluding those from Hong Kong, Macau and Taiwan, apply to the said Terms.
- Wandoujia shall only provide services on the basis of "As Is" and "As Available", without any warranty in any form for the timeliness and accuracy of the said services.
- The services provided by Wandoujia may have the risks of service interruption or failure to meet your needs due to force majeure, computer virus or hacking, unstable system, your location, communication line, Wandoujia's own operation adjustment and partners' adjustment etc.
- Wandoujia may, from time to time, change, suspend or terminate the services in part or in whole without separate notice, please back up your data stored in Wandoujia network service regularly to prevent losses.
- You shall bear the above risks for your use of the services provided by Wandoujia, Wandoujia shall not be liable for any damage arising therefrom to you or any third person.
Although Wandoujia is a vibrant and promising enterprise, it may not prevent such incidents as force majeure or "I can not say that, you know", therefore, make a backup, just in case.
User Registration and Safety
- You are required to provide true and valid identification information when you are registering in Wandoujia and timely update them online on Wandoujia site upon any change of the said information. In the event the information you provided is untrue or fails to update upon a change or any misconducting which results in the failure of Wandoujia to provide or continue to provide service to you, you shall be solely liable for any loss arising therefrom irrespective of Wandoujia.
- You shall acknowledge and agree that the use of Wandoujia Account is only limited to the original registrant. You may not transfer, gift, lend, sell to a third party your Wandoujia account and password or otherwise permit the use of non-original registrant of the same, or Wandoujia shall be entitled to ban or remove the said account. Provided you are not the original registrant of currently used Wandoujia account, you should immediately stop the use and operation of the said account, and Wandoujia shall be entitled, based on the request of the original registrant or its own judgment, to return the said account to the original registrant, Wandoujia shall not be liable for all the responsibilities and losses arising therefrom.
- You are responsible for safekeeping the account number and password obtained during your registration, Wandoujia shall by no means be liable for any of your loss arising from the illegal use of your account number and password by others due to hacking, third person behavior or your own negligence in safekeeping of the same.
- In the event of the awareness of your account being used illegally by others or with abnormal use, you should inform Wandoujia immediately and provide the valid identification information in consistent with the original registrant. Wandoujia shall, after verifying the valid identification information provided by you, try its best to provide you with assistance necessary for safeguarding your legal rights, however, Wandoujia makes no representation that you are able to recover your Wandoujia account in this way.
Please provide authentic information when in registration. Please immediately contact us in the event of hacking or problem of your account. Safeguard your own account number and password, they are a part of your personal identity, do not transfer or sell the same.
- You are able to use Wandoujia Client Software for free provided that you are using them legally and properly, without any decompile, disassemble or crack etc. against the same.
- For the convenience of most users, Wandoujia shall update the Client Software automatically.
- Mobile Client of Wandoujia will not have 2G or 3G network usage without your permission. In the case you agree with the network usage by Wandoujia, the charge will be collected by the network operator, Wandoujia has no interest within.
You are able to use the software provided by Wandoujia legally. While our Mobile Client will not have such wrongdoings as flow sneaking etc., please contact us in case of any flow issue.
Personal Data and Privacy Protection
- Your personal data shall only be stored on your computer or phone provided you choose not to use the network service of Wandoujia.
- Wandoujia hereby commits that it will take necessary actions to safeguard the personal data and privacy information of the users stored in Wandoujia Network Service.
- Unless agreed in this Agreement, Wandoujia guarantees not to disclose publicly or provide, disclose or share your personal data and privacy information to any third party.
- The disclosure of your personal data and privacy information by Wandoujia shall not be deemed as a breach of the Agreement upon the following cases
- Wandoujia has obtained your clear authorization;
- Such disclosure is an obligation for Wandoujia based on the requirements of laws and regulations;
- Such disclosure is required by judicial or administrative authorities on legal procedure;
- Such disclosure is made for the purpose of safeguarding the public interests and the legal interests of Wandoujia and to a reasonable extend.
- Wandoujia may engage with a third party to provide the users with relevant network services or use its data collection tool to improve its services, under such circumstances, provided the said third party agrees to share the privacy safeguarding service with Wandoujia, Wandoujia shall be entitled to disclose the same to a reasonable extend.
- Without disclosure of your personal data and privacy, Wandoujia shall be entitled to carry on technical analysis to all of its user data and use such statistics as being analyzed and sorted out.
- Although Wandoujia has made its great efforts for the safeguarding of user's privacy, it is unable to ensure that the present existing safety technical measures are free from the any loss of your personal data and privacy in any form. You are fully aware of the above and shall not hold Wandoujia accountable for legal responsibilities arising thereto.
Privacy Issue? In the event you only use the Client of Wandoujia, we would not know your detailed information...In the event you backup your data to Wandoujia servers with the functions of photo sync and cloud backup etc., we will try our best to safeguard the same without any wrongdoings.
Contents You Published or Uploaded
- You understand and acknowledge that you shall abide by social morality and public order as well as related laws and regulations while you are publicly publishing contents, such as comments, Baibaodai Extensions and Android applications etc., by using the services of Wandoujia, and may not publish or upload the following
- Those violate the basic principles of the Constitution
- Those violate the laws, regulations and other rules of the country
- Those are on the contrary to the social public order and morals as well as detrimental to the public interest
- Files or information infringe the legal interests of any third party, including but not limited to, virus code, hacker program, software cracking and registration information etc.
- Unauthorized articles, pictures, music, video and applications etc.
- Advertising contents or links
- Those violate the information publication policy or damage the legal interests of Wandoujia
- Wandoujia shall be entitled to review the contents you published or uploaded, provided in its independent judgment, Wandoujia believes that the contents you published or uploaded contain the above violations, and Wandoujia shall be entitled to remove the same directly without further notice. You hereby acknowledge that such review of Wandoujia shall not impose any obligation on it, nor exempt you from any liabilities.
- You shall be fully responsible for the legal disputes or other consequences arising from the contents you uploaded.
- The rights included in your creations during your use of Wandoujia shall be owned by you according to law. You should understand, however, that any content you published or uploaded to the publicly accessible areas via Wandoujia Service shall be deemed that you have agreed to authorize Wandoujia with the free, permanent, irrevocable, non-exclusive and fully sub-licensed rights and permits worldwide for the said content so as to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform and display the same, in whole or in part, and/or incorporate the same into currently known or later developed works, media or technologies of any kind.
We respect copyrights, abide by laws and keep conscience in business. And we believe that you, like us, are law-abiding and good citizens.
Contents and Rights Protection
- Wandoujia hereby reminds you that, it will only provide uploading space service and application search service for users, it will not carry out any edit or modification of any form to the contents uploaded, nor permanently store, control, edit or modify by itself the contents or their expressions of the linked third party markets. Any words, newsletter, material, music, photo, graphics, videos or other information ("Contents") shall all be the responsibilities of the content provider, no matter publicly or privately transferred. In the event you found any contents presented are infringing you legal rights, you may, according to the relevant regulations under the Appendix - Intellectual Property Rights Protection Statement - of the Terms, send rights notification to us, we shall take corresponding actions according to legal regulations.
- You acknowledge and understand that, though Wandoujia commits to provide you with better contents, it is, as an information network service provider, unable by itself to be responsible for the contents uploaded or stored in third party servers, therefore it is unable to ensure the accuracy, legitimacy and applicability of such contents.
- We shall let you to confirm first for some risky functions of Wandoujia. Your click on OK or actual use of relevant functions shall be deemed that you understand and are willing to bear the risks. You shall be solely responsible for material loss arising thereto.
In the event of any findings in the contents uploaded by other users, please read carefully the statements on the left and contact us.
- All relevant copyrights, patent rights, trademarks, business secrets and any other ownership or rights (including but not limited to the Client Software or our sorting to applications of the services proved by Wandoujia itself) shall all be the properties of Wandoujia. You may not use the above in other purposes unless with a prior written consent of Wandoujia (including but not limited to, illegal activities or reverse engineering etc.)
- Refer to "Wandoujia Intellectual Property Rights Protection Statement" for details.
We respect the interests of others, and we ask you to respect our legal interests.
- You shall be responsible for your use of the services provided by Wandoujia and guarantee to abide by the following rules when using the services of Wandoujia
- Abide by relevant laws and regulations of China;
- Abide by this Agreement and relevant administrative regulations issued by Wandoujia;
- May not infringe the legal interests of a third party or Wandoujia in any form;
- May not apply the services provided by Wandoujia into any illegal or infringement activities, including but not limited to, displaying and communicating pornographic, racist, vulgar, obscene, libelous defamatory, insulting materials, or communicating various hatred, discrimination and prejudice contents with regard to religious, tradition, ethnic, gender and/or age.
- Wandoujia shall be entitled to review and supervise on your use of its services, provided Wandoujia believes that you are illegal or with illegal behaviors, it shall be entitled to require you to correct the said behaviors and take all necessary actions (including but not limited to, changing or removing of the contents you published or uploaded, suspension or termination of your right to use the services of Wandoujia etc.), to relief you from the impacts on you thereto. However, you acknowledge that such review of Wandoujia shall not impose any obligation on it, nor exempt you from any liabilities.
Therefore, you should abide by laws and regulations while you are using Wandoujia and we shall do what we should do.
- Provided Wandoujia believes that, based on its independent judgment, your use of Wandoujia is beyond the rational scale, it shall be entitled to limit your use to the services of Wandoujia and you shall be fully responsible for the responsibilities and losses arising thereto.
We shall handle those which are beyond the limitation.
- You are able to, at any time, exit Wandoujia network service and remove corresponding data stored in Wandoujia network service. Please manage by yourself your data saved on your computer.
- You are able to export our data stored in Wandoujia and exit, we will not stop it.
There is nothing to worry about while you want to remove or export the information stored in the Wandoujia server.
- Wandoujia is entitled to modify this Agreement and relevant administrative regulations at any time, upon a change of relevant contents, Wandoujia shall notice in its site 14 days in advance without any further notice. The action of such notice shall be deemed that Wandoujia has notified you of such modification.
- Provided you disagree with such modification of Wandoujia, you are entitled to stop the use of the services provided by Wandoujia. Provided you continue to use the services provided by Wandoujia, however, it shall be deemed that you have accepted and are willing to abide by the modification made by Wandoujia.
We will notify you in case of any changes of the statements on the left.
- In the event of any material loss to you due to the violation of Wandoujia against any relevant laws, regulations or any terms under this Agreement, Wandoujia hereby commits to indemnify all direct financial losses caused to you, however, Wandoujia shall not be liable for any indirect, incidental, special, consequential or punitive indemnification responsibilities.
- In the event of any loss caused to Wandoujia by your behavior (including but not limited to, administrative penalties, third party compensation, legal fees, legal fees, loss of goodwill and other expenses etc.), you shall be fully responsible for the indemnification.
The worst thing really happened? Please refer to the left.
Effectiveness of individual provisions
- Provided any regulation under this Agreement is deemed to be invalid in whole or in part according to relevant regulations of the laws of our country, the remaining provisions shall not be affected.