User Service Agreement
Release date: January 20, 2023
Effective date: January 27, 2023
Version number: 2023V1.1
[Version Update Tips] Recently, we have updated the “User Service Agreement”, the main contents of this update include: improve the scope of the agreement, account cancellation, the protection of users’ personal information and other related provisions; adjusted some of the terms and conditions of the expression, to facilitate your reading and understanding.
Reminder of terms
Welcome to Open AI Data Develop LLC!
In order to use the services provided on the Open AI Data Develop LLC website and client software operated by Open AI Data Develop LLC (hereinafter referred to as “we”) (hereinafter referred to as “our platform services”), you should read the User Service Agreement (hereinafter referred to as “this Agreement”). (“Our Platform Services”), you should read and comply with the User Service Agreement (“Agreement”). You are advised to read the entire contents of this Agreement carefully, especially the terms and conditions (including the terms and conditions on exemption or limitation of liability, application of law and dispute resolution) that are shown in bold form and which may have a significant relationship with your rights and interests, and you are advised to read and fully understand the contents of each term and condition carefully. The headings of the terms are only for the purpose of helping you to understand the subject matter of the terms, and do not affect or limit the meaning or interpretation of the terms of this Agreement.
You click to agree or you use our platform services (“use” behavior refers to including but not limited to download, installation, startup, browsing, registration, login and other behavior in one or more, the same below), that is, you have read and agree to sign all the contents of this agreement, this agreement is between you and us to produce legal effect, become a legal document binding on both parties. This Agreement shall have legal effect between you and us and shall become a binding legal document for both parties. If you do not agree with any modification or supplement to this Agreement from time to time, you should give up the registration, stop using or cancel the Service on your own initiative.
This Service Agreement will help you understand the following:
- Definitions
- Scope of the agreement
- Account registration and use
- Our platform services and rules
- Protection of personal information
- Third-party links
- Intellectual property rights
- Defaults by users and their treatment
- Changes in agreements
- Notification
- Termination of agreements
- Definitions
1.1 We: means Open AI Data Develop LLC and its Operational Affiliates as they may exist for related services, but does not include the actual providers of third party functionality and related services.
1.2 Our Platform: including but not limited to Open AI Data Develop LLC website (www.aidatatag.com), Open AI Data Develop LLCAPP, Little Open AI Data Develop LLCAPP, IKU and/or any other webpage or client platform directly owned or operated by us. Platforms and hardware and software client platforms, applicable terminals include but not limited to PC, tablet, cell phone, TV, set-top box, wearable devices, etc.
1.3 Platform rules: including all rules, interpretations, announcements, etc. on AI learning that have been released by all of our platforms as well as all types of rules, implementation details, product descriptions, announcements, etc. released by each platform on channels, activity pages, help centers, etc.
1.4 Users: include both registered and unregistered users. Users who are not registered on our Platform will become “non-registered users” of our Platform when they start using our Platform services, and will be subject to all the terms of this Agreement except for the exclusive agreement of registered users during the course of their use. You are reminded that this Agreement is a general user service agreement that applies uniformly due to the large number of services available on our platform and the different content of the services we provide to you. For some of our specific services, we will also formulate a specific user service agreement in order to more specifically clarify to you the service content, service rules, etc. of such products and/or services, and you should fully read and agree to the entire contents of the specific user service agreement before using the specific service. If you use the services provided by a third party on our platform, you shall comply with the terms of service of the third party in addition to this Agreement.
1.5 The same user: If the same authentication information is used or if the actual controller of multiple user accounts is recognized by our platform as the same person, they are all considered the same user. - Scope of the agreement
2.1 【Contracting Body】 This Agreement is jointly concluded by you and us, and this Agreement has contractual effect on both you and us. Under this Agreement, we may change according to the business adjustment of our platform, and the platform operator after the change will fulfill this Agreement with you and provide services to you, and our change will not affect your rights and interests under this Agreement.
2.2 [Supplementary Agreement] The rules of our platform are a supplementary agreement to this Agreement, which is inseparable from and has the same legal effect as this Agreement. - Account registration and utilization
3.1 User eligibility
You acknowledge that before you begin the use/registration process to use our Platform Services, you shall have the civil capacity under U.S. law appropriate to your conduct.
If you do not have the aforementioned civil capacity appropriate to your behavior, you should obtain the informed consent of your guardian, and you and your guardian shall be liable in accordance with the law for the consequences thereof. In particular, if you are a minor, please access and/or use our Platforms with the consent and guidance of your guardian.
3.2 Description of accounts
3.2.1 [Account Acquisition] When you fill in the information according to the instructions on the registration page, read and agree to this Agreement and complete all the registration procedures, you can obtain an account on our platform (“Open AI Data Develop LLC Account”) and become a user of our platform.
3.2.2 [Account Usage] You have the right to log in to our Platform using our member name, email address, and cell phone number (hereinafter referred to as the “Account Name”) that you have set up or confirmed, as well as a password that you have set up (collectively, the “Account Name” and the password are referred to as the “Account”). Your Open AI Data Develop LLC Account is for your personal use only, as your Account is linked to your personal information and our Platform’s business information. Your direct or indirect authorization of a third party to use your Open AI Data Develop LLC Account without our Platform’s consent is void. If our Platform determines that the use of your Open AI Data Develop LLC Account may jeopardize the security of your account and/or the security of our Platform’s information in accordance with the procedures and criteria for determining non-compliance as set forth in the Platform’s rules, our Platform reserves the right to determine the user’s behavior and the applicable rules, and accordingly, to suspend or discontinue the provision of the corresponding services.
3.2.3 [Account Transfer] As user accounts are associated with user information, you may transfer your account only if there is an express provision of the law, a judicial decision, or with our consent, and in accordance with the user account transfer process stipulated in the rules of our platform. Once your account is transferred, the rights and obligations under the account are transferred. Your account may not be transferred in any other way, otherwise you will be responsible for all liabilities arising therefrom.
In order to enable you to better use the services of our platform, we recommend that you complete the real-name authentication in accordance with the requirements of our platform and relevant legal provisions.
3.2.4 [Real Name Authentication] If you already have an account with Open AI Data Develop LLC but have not yet performed real name authentication (e.g., you have not provided your cell phone number), please bind your personal cell phone number as soon as possible. If you do not verify your real name, our Platform reserves the right to stop the use of your account on our Platform. If you do not authenticate your real name, you can still browse the content and video and audio on our platform, but you will not be able to comment, follow posts, pop-ups and other functions, which may affect your experience of using some of the rights and interests of members.
3.2.5 [Inactive Account Recovery] If your account has not been logged in for a long time or meets the following conditions, we have the right to cancel and clean up your account and delete your personal information, and your account will no longer be able to log in to any of our platforms, and the corresponding services will be terminated at the same time. We will notify you by means including but not limited to announcements on our website, messages on our website, and push messages from our clients before we clean up such accounts. We will also provide users with the function and service of canceling their accounts: (1) they are not bound to an account with real-name authentication; (2) they have not been used to log in to any of our platforms for six consecutive months; and (3) they do not have any unexpired and valid business.
3.3.6 [Account Cancellation] You can cancel your account through the online cancellation provided by our platform, contact our customer service to cancel your account, for more information about the Open AI Data Develop LLC account cancellation rules, please refer to the “Open AI Data Develop LLC Account Cancellation Agreement”.
3.3 Registration Information Management
3.3.1 Truthfulness and legality
【True information】When using our platform services, you should provide accurate and complete information (including your name and e-mail address, contact phone number, contact address (if prize mail is involved), etc.) as prompted by our platform page, so that we can contact you when necessary. You understand and agree that it is your obligation to keep the information you provide true and valid.
The legitimacy of member name, nickname, profile and avatar] The account name, nickname and avatar picture you set shall not violate the national laws and regulations and the rules of our platform on the management of the account name, otherwise, we may suspend the use of your account name or cancel the processing and report to the competent authorities.
You understand and promise that there shall be no illegal and undesirable information in the registration information such as your account name, nickname, avatar and profile, and that there is no impersonation, affiliation or social celebrity, and that you need to abide by the seven bottom lines of laws, regulations, socialist system, national interests, legitimate rights and interests of citizens, public order, social morals and ethics and the authenticity of the information during the process of registration of your account.
You agree and authorize that in order to provide you with better services and ensure the security of your account, we may, based on the cell phone number and ID card number provided by you, initiate inquiries on the authenticity of the user’s identity, the user’s credit record, the validity status of the user’s cell phone number, and other information to the National Center for Citizen Identity Number Inquiry Service, telecommunication carriers, financial service institutions, and other reliable units.
3.3.2 Updated maintenance
You should update the information you provide in a timely manner. In the event that the law has express provisions requiring us to verify the information of some users, we will check and verify your information from time to time in accordance with the law, and you should cooperate in providing the most up-to-date, true and complete information.
If we do not contact you according to the information you last provided, if you do not provide us with information in a timely manner, or if the information you provide is clearly inaccurate, you will be liable for all damages and adverse consequences to yourself, others and us. Our platform shall be liable in cases where the law expressly provides for such liability.
3.4 Account security norms
[Obligation of Safekeeping of Account] Your account is set up by you and kept by you. At no time will our Platform ask you for your account password. We recommend that you keep your account secure and ensure that you log out at the end of each session and leave our Platform in the correct order.
Account Behavior Responsibility】Account due to your own initiative to leak or suffer others to attack, fraud and other behavior caused by the loss and consequences, according to the provisions of the law, the two sides each bear the risk and responsibility. Our platform bears the corresponding responsibility in the case of clear provisions of the law.
Your account is for your personal use only, including, but not limited to, not to be transferred, rented, borrowed, shared, sold, or otherwise made available to others for purposes including, but not limited to, live streaming, recording, viewing, uploading, and participating in activities. If your account is lost, leaked, tampered with, or stolen due to the above actions, or if your account is blocked due to account anomaly or account blocking due to multi-terminal login or off-site login triggering Open AI Data Develop LLC’s security wind control, you shall be responsible for the loss of the account, and we have the right to decide whether or not to suspend or terminate the provision of the services to you based on your breach of the contract. When your account is subject to unauthorized use, you should immediately notify our platform, otherwise the unauthorized use of your account is deemed to be your own behavior, you will be responsible for all the resulting losses and consequences. In addition to our fault, you should be responsible for the results of all behavior under your account (including, but not limited to, signing all kinds of agreements online, posting information, purchasing goods and services, and disclosing information, etc.).
You are advised to notify us immediately of any unauthorized use of your account to access our Platform or any other circumstances that may result in the theft or loss of your account. You understand that it takes a reasonable amount of time for us to act on any of your requests, and that we are not responsible for the consequences of any actions taken prior to such actions, except where we are legally at fault. - Our platform services and specifications
4.1 Our platform services
4.1.1 [Overview of Services] Our Platform Services refer to the products or/and services provided by us to our users for the use of our Platform for online viewing and caching of video content, as well as searching, subscribing, bookmarking, recommending, commenting, sharing and posting of video content. All of our platform services are limited to your use of our platform, and any behavior that separates our services from our platform by illegal means such as malicious cracking is not part of our services as agreed in this Agreement. The perpetrator shall be responsible for all legal consequences arising therefrom, and we shall pursue the legal responsibility of the perpetrator in accordance with the law.
We recommend that you download, register, log in, and use our services from the official announcement of our platform, including and not limited to accounts, points, experience value, integral goods, exchange goods, gifts, downloads, etc. If you illegally obtain our services, we have the right to immediately make deletion, cancellation, clearing, blocking, etc. upon discovery, and you will be responsible for all the adverse consequences caused by any of them.
4.1.2 [Software Upgrade] We have the right to make announcements to you (including but not limited to pop-up pages, website announcements, on-site messages and other means) in order to modify, replace or upgrade any software related to our platform services. If you do not agree or accept the modification, replacement or upgrade of the software related to our platform services, please directly reject, stop or cancel, otherwise, you are deemed to agree and accept the modification, replacement or upgrade of the software related to our platform, and at the same time, the behavior of such agreement and acceptance will still be subject to the constraints of this Agreement.
4.1.3 [Use of Service Derivatives] You understand and acknowledge that you do not have any ownership rights to the usage records, subscriptions, collections, points, experience values, growth values, levels, identification marks, vouchers, virtual point goods, virtual exchange goods, virtual gifts, downloads and other derivatives obtained by using our Platform or your account on our Platform (unless otherwise stated in our Platform), and we license you to We authorize you to use them in accordance with the rules of our Platform. Our Platform assumes responsibility for the use of these products in accordance with the rules of our Platform, where such use is expressly authorized by law.
You agree and guarantee that you will not use our platform services or their derivatives (including but not limited to accounts, points, levels, points products, activities, gifts, downloads and other services) to sell, resell, replace, mortgage valuable transactions and other ways to make illegal profits. You will not use our platform services or their derivatives to infringe upon the legitimate rights and interests of others, and you are prohibited from stealing or misappropriating other people’s accounts, points, and point products through network loopholes, malware, or other illegal means.
4.1.4 [Risks of Third Party Payment Instruments] You understand and acknowledge any commercial risks that may arise if you pay or top up your account on our platform through third party payment instruments (including but not limited to illegal elements using your account or valuable cards such as bank cards, etc. to carry out illegal activities, the third party tops up on behalf of you and then refunds the money resulting in your membership benefits not being realized; using third party blackmail channels to top up on behalf of you, or Purchasing membership benefits of Open AI Data Develop LLC platform through third-party informal channels that are far below the market value, etc.). We will not be liable for any loss or damage caused by any of these risks, and we will be liable for such loss or damage to the extent that we fully fulfill our obligations under this Agreement and comply with the law, and to the extent expressly provided for by the law.
4.2 Service norms
4.2.1 [User Content Upload] You may upload, publish or transmit relevant content through our platform services on our platform (except for Internet TV business platforms and other relevant platforms where uploading and publishing are not allowed due to policy control reasons), including, but not limited to, information such as text, software, programs, graphics, pictures, sounds, music, video, audio and video, links, or other materials (hereinafter referred to as “Content”), but you need to bear the related legal responsibility for this content. Our platform assumes responsibility where expressly provided for by law.
4.2.2 [Authorized Use] Unless proven to the contrary, your use of our Platform Services to upload, post or transmit Content shall deem you to be the owner of the copyright in the Content uploaded, posted or transmitted on our Platform. Unless otherwise agreed by both parties, your use of our Platform Services to upload, post or transmit Content means that you have the right and agree to grant us the right to store, use, distribute, reproduce, modify, adapt, publish, translate, create derivative works based on, transmit, perform and display the Content throughout the world, free of charge, in perpetuity (unless you voluntarily remove or request that the abovementioned video be taken offline on our Platform). the right to incorporate the Content, in whole or in part, into any other form of work, media, or technology; the right to commercially exploit your uploads and postings; and the right to distribute the Content to your computer terminals, mobile communication terminals (including, but not limited to, portable communication devices, such as cell phones and smart tablets, etc.), hand-held digital audio/video playback devices, television reception devices (analog signal reception devices), digital signal reception devices, digital television reception devices, digital television reception devices, and digital television reception devices, through a wired or wireless network. The right to provide services such as downloading, on-demand broadcasting, data transmission, mobile video services (including but not limited to wireless services such as SMS, MMS, WAP, IVR, Streaming, 3G, mobile video, etc.), as well as related publicity and promotion, etc.; and The right to sublicense the relevant uploaded content to other third parties for use in the above manner with prior notification and seeking your express consent.
4.2.3 [Disclaimer of Liability for User Uploaded Content] You understand and acknowledge that when using our Platform Services, you may be exposed to content and information from a wide range of sources, and that we cannot be held responsible for the accuracy, truthfulness, usability, security, completeness and legitimacy of such content and information. You understand and acknowledge that you may be exposed to content and information that is incorrect, offensive, inappropriate or objectionable, and you will not hold us liable for this. We do not endorse, recommend or express an opinion on any content or information uploaded, posted or transmitted by users on our Platform, nor do we accept any responsibility for any errors or defects in any content or information or for any loss or damage arising from such content or information, and any use of the content or information is at your own risk. Our platform assumes responsibility where expressly provided for by law.
4.2.4 [Advertisements and Promotional Information] You are aware and agree that we reserve the right to place commercial advertisements or any other type of commercial information in various ways in the course of providing the Services (including, but not limited to, placing advertisements on any location on our platform and placing advertisements in the content you upload and disseminate). In addition, you agree to receive promotional or other relevant commercial information from us via in-site mail, cell phone text messages, website announcements or other means. If you no longer agree to our Platform sending you such text messages, emails and newsletters, please unsubscribe by text message or expressly inform our Platform in writing.
4.2.5 [Network Transmission Acceleration] In order to improve the efficiency of information transmission and enhance the user experience, you agree that we may adopt new technologies other than server-client transmission technologies, and you understand that we may use your terminal device information and content access information for this purpose.
4.3 Prohibited elements
4.3.1 You understand and guarantee that the content you upload, publish or transmit on our platform (including your account name and other information) shall comply with the Constitution, laws and administrative regulations, adhere to the direction of serving the people and socialism, adhere to the correct public opinion direction, play the role of public opinion supervision, promote the formation of a positive and healthy network culture, and safeguard the national interests and public interests. Our platform has the right to manage the information you upload, publish or transmit, and if you find any information that is prohibited from being published or transmitted by laws or administrative regulations, or contains the following contents, our platform will immediately stop transmitting the information, take measures such as elimination and other dispositions to prevent the information from proliferating, keep the relevant records, and report them to the relevant competent authorities:
(1) Those who oppose the fundamental principles established by the Constitution;
(2) Those who jeopardize national unity, sovereignty and territorial integrity;
(3) Disclosing State secrets, endangering State security or damaging the honor and interests of the State;
(4) Inciting ethnic hatred or ethnic discrimination, undermining national unity, or infringing on ethnic customs or habits;
(5) Promoting cults and superstitions;
(6) Fabricating or spreading rumors or false information, disrupting the economic and social order, and undermining social stability;
(7) Distorting the history of the Party and the country, spreading false historical values, historical nihilism and other false content;
(8) Inducing minors to violate the law and commit crimes and rendering violence, pornography, gambling and terrorist activities;
(9) Insulting or slandering others, infringing on citizens’ personal reputation, privacy, intellectual property rights and other legitimate rights and interests;
(10) Endangering social morality and damaging the excellent national cultural traditions;
(11) Other contents prohibited by relevant laws, administrative regulations and state provisions.
4.3.2 [Consequences of Uploading Illegal and Infringing Content] If you upload, publish or transmit content that contains information or content that violates laws and regulations or infringes on the legitimate rights and interests of any third party, you will be directly liable for all adverse consequences resulting from the above. Our platform will only assume the corresponding responsibility in the case of explicit provisions of the law. If this causes any adverse consequences to us, you shall be responsible for eliminating the effects and compensating us for all losses caused by this, including but not limited to property damages, reputation damages, attorney’s fees, transportation fees, and other reasonable costs incurred in defending your rights, or all other reasonable costs required by the platform.
4.4 Prohibited acts
You understand and warrant that you will not engage in the following prohibited conduct in connection with our Platform Services, and will not allow anyone to use your account to do the following:
(1) Impersonate another person when registering for an account or using our Platform Services, or you falsely claim to be affiliated with any person or entity (including by setting up a misrepresented account name or accessing another user’s account);
(2) Falsify headers or otherwise manipulate content to cause others to believe that the content is transmitted by us;
(3) Uploading, posting, e-mailing, or otherwise transmitting content that we are not authorized to transmit (e.g., internal information, confidential information);
(4) Send any unsolicited or unauthorized junk e-mail, advertising or promotional materials, or any other commercial communications;
(5) Use our Platform Services for any commercial purpose or for the benefit of any third party without our express permission;
(6) Stalking or otherwise harassing others;
(7) Participating in any illegal or potentially illegal (we have the right to determine the user’s behavior and the rules that should be applied and deal with it accordingly) activities or transactions, including teaching criminal methods, selling any illegal drugs, money laundering activities, fraud, etc.;
(8) Gambling, providing gambling data or inducing others to participate in gambling activities through any means;
(9) Using or exploiting our intellectual property rights (including our trademarks, brands, logos, any other proprietary data or the layout or design of any web page) or otherwise infringing any of our intellectual property rights (including by attempting to reverse engineer the client of our platform or the software used);
(10) Access our Platform Services, collect or process Content provided through our Platform Services through the use of any automated programs, software, engines, web crawlers, web analytics tools, data mining tools or similar tools;
(11) Engage in any “framing,” “mirroring,” or other techniques designed to mimic the appearance and functionality of our Platform Services;
(12) Interfering or attempting to interfere with any User’s or any other party’s access to our Platform Services;
(13) Intentionally distribute viruses, network worms, Trojan horses, corrupted files or other malicious code or items;
(14) Share or publish personally identifiable information about others without their express consent;
(15) Explore or test the vulnerability of our Platform Services, systems or other users’ systems to intrusion attacks or otherwise circumvent (or attempt to circumvent) any security features of our Platform Services, systems or other users’ systems;
(16) Decompile, decompile or reverse engineer the software used in our Platform Services, or attempt to do the foregoing;
(17) Opening multiple accounts for destructive or abusive purposes, or maliciously uploading duplicate, invalid bulk data and information;
(18) Using the network to engage in activities that infringe on the reputation, privacy, intellectual property rights and other legitimate rights and interests of others;
(19) Intentionally or unintentionally violating any relevant U.S. laws, statutes, rules, regulations, ordinances, and other norms with legal effect;
(20) Modifying, tampering with, blocking or partially blocking advertisements (such as blocking patch advertisements in videos, blocking Banner advertisements and pop-up advertisements on website pages, etc.) on our Platform’s services and related functions;
(21) Undermining our platform’s copyright technology protection measures and misappropriating our platform’s content without authorization, such as copying and then redistributing it, such as making it available to non-members to access and view content that is only available to members. - Protection of personal information
5.1 We are aware of the importance of your personal information to you and therefore we take the protection of your privacy and personal information very seriously and treat your personal information with a high degree of duty of care. We will use technical and other security measures to protect your personal information in the course of your use of our Platform Services.
5.2 Our side pays great attention to the protection of minors.
5.2.1 If you are a minor, you should read this Agreement under the supervision and guidance of a guardian, and have the consent of the guardian to use our Platform Services;
5.2.2 Guardians should instruct their children on the safety issues they should pay attention to when surfing the Internet, so as to prevent problems before they occur. If the guardian agrees to the minor’s use of our platform services, he/she must apply for consumption in the name of the guardian (if involved) and properly guide and supervise the minor’s use of our platform services. The use of our platform services by minors, and the exercise and fulfillment of the rights and obligations under this agreement are deemed to have been approved by the guardian;
5.2.3 We remind minors that when using our platform services, they should be good at online learning, recognize the difference between the online world and the real world, and avoid becoming addicted to the Internet, which affects their daily study and life.
5.3 For more information on the rules for the processing and protection of personal information and the control of personal information by the user, please refer to the Privacy Policy of our Platform. If you have any questions about the Privacy Policy or complaints about the protection of your personal information, you may contact us through the contact information published on our Platform. - Third-party links
Our Platform Services may contain links to other websites or resources. We have no right to control, review or modify the content, privacy policies and activities of such websites or resources. In general, except as expressly provided by law, we are not responsible for the content of other websites or resources linked to our Platform Services in the past. We recommend that you read our Terms of Service and Privacy Policy carefully before leaving our Platform and accessing other websites or resources. - Intellectual property rights
Unless otherwise agreed or stated by us, all intellectual property rights (including but not limited to copyrights, trademarks, patents, trade secrets, etc.) and related rights in all content (except for content copyrighted by users in accordance with the law), technology, software, programs, data, and other information (including, but not limited to, text, images, graphics, photographs, audio, video, charts, colors, layout, electronic documents) on our Platform belong to us or our affiliates. All intellectual property rights (including but not limited to copyrights, trademarks, patents, trade secrets, etc.) and related rights belong to us or our affiliates. Any unauthorized use (including but not limited to reproduction, distribution, display, mirroring, uploading, downloading, modification, rental) without our permission is prohibited.
Our Platform’s logo, the words “Open AI Data Develop LLC”, “DATA” and combinations thereof, and our Platform’s other logos, marks, and product and service names are trademarks of us or our affiliated companies in the United States or other countries, and may not be displayed or used in any manner by anyone without our written authorization or in a manner that would indicate to you that you have the right to display or otherwise deal with them. Our Platform logos, symbols, product and service names are trademarks of us or our affiliates in the United States or other countries, and may not be displayed, used, or otherwise dealt with in any way by any person, or in a manner that suggests to others that you have the right to do so, without our written authorization.
We enjoy full intellectual property rights over our proprietary content, original content and other exclusive or exclusive content obtained through licensing. Without our permission, any unit or individual shall not privately reproduce, disseminate and provide viewing services or otherwise infringe upon our intellectual property rights, or will bear all related legal responsibilities.
Since some of the content displayed on our platform are videos uploaded by users or copyright holders themselves, if you find a product that may be in dispute for copyright infringement, please refer to the “Intellectual Property Rights Statement” at the bottom of the webpage of Open AI Data Develop LLC to inform us of the way to file a complaint. - Defaults by users and their treatment
8.1 【Default Determination】 If one of the following circumstances occurs, you are considered to be in default:
(1) Violation of relevant laws and regulations when using our platform services;
(2) Violation of this Agreement or the Supplemental Agreement (see Article 2.2 of this Agreement).
In order to adapt to the development of the Internet industry and meet the needs of massive users for efficient and high-quality services, you understand and agree that we may agree on the procedures and standards for the determination of breach of contract in the rules of our platform. For example, we may determine whether you constitute a breach of contract based on the relationship between your user data and the massive user data; you have the right to provide sufficient evidence and reasonable explanations for your data anomalies, or else you will be recognized as a breach of contract.
8.2 Measures to deal with non-compliance
8.2.1 [Information Processing] If the content and information you publish on our platform constitutes a breach of contract, our platform has the right to immediately delete or block the corresponding content and information according to the corresponding rules, or suspend the use of your account, block it or cancel it. Our platform assumes the corresponding responsibility in cases clearly stipulated by law.
8.2.2 [Behavioral Restrictions] If your behavior on our platform, or behavior that is not on our platform but has an impact on our platform and its users, constitutes a breach of contract, we may, in accordance with the corresponding rules, restrict your account from participating in the activities, suspend the provision of part or all of the services to you, and other measures, as well as withholding and deduction of liquidated damages. If your behavior constitutes a fundamental breach of contract, we may seize your account and terminate the provision of services to you.
8.2.3 [Violation of illegal information and behavior report to competent authorities] If your behavior on our platform violates relevant laws and regulations, we may report and submit your usage records and other information to the relevant competent authorities in accordance with the law.
8.3 Liability
If you act in such a way as to cause us and/or our affiliates to suffer losses (including our own direct economic losses, loss of goodwill, and indirect economic losses such as damages, settlement payments, attorney’s fees, litigation costs, etc.), you shall indemnify us and/or our affiliates against all of the above losses.
If your behavior exposes us and/or our affiliates to claims by third parties, we and/or our affiliates may recover all damages from you after we have incurred obligations, such as monetary payments, to the third parties.
8.4 Special engagements
8.4.1 [Force Majeure] We are responsible for providing you with our Platform Services “as is” and “as available”. We are obliged to do so in accordance with the law, but we shall not be liable to you for damages caused by the maintenance of information network equipment, faulty connections, malfunctioning of computers, communications or other systems, hacking activities, computer viruses, power failures, strikes, riots, fires, floods, storms, explosions, wars, acts of government, orders of judicial and administrative authorities or third parties other than those expressly provided for by the law. We are not liable for any damages caused to you other than those expressly provided for by law.
8.4.2 [Extraterritorial Behavior] We control and provide our Platform Services through the Facilities, we do not warrant that the services controlled or provided are appropriate or available in other countries or regions, and any user using our Platform Services in other jurisdictions should ensure that it complies with local laws and regulations on its own, and that our Platform assumes the corresponding responsibilities where expressly provided for by law. - Changes in agreements
We may update this User Service Agreement from time to time in accordance with changes in national laws and regulations and changes in our platform services, and such updates will form part of this Agreement. Any modification, supplement to this Agreement, supplement or change to the Agreement (hereinafter referred to as the “Change Matters”) will be notified to you by posting a page notification, pop-up window, internal mail or other means before this Agreement comes into effect, so please read the updated version of this Agreement carefully before you continue to use our services. If you do not agree with the changed content, you can choose to stop using our services. If you continue to use our services, it means that you have fully read, understood and agreed to accept the constraints of the revised User Service Agreement, and the updated agreement will take effect on the date of the agreement’s first page.
If you do not agree to the changes, you should stop using our Platform Services on the effective date of the changes; if you continue to use our Platform Services after the changes have taken effect, you will be deemed to have agreed to the changes that have taken effect. - Notification
10.1 Effective Contacts
You agree that we may serve various types of notices on you in the following reasonable manner:
(1) The text of public notices;
(2) In-site messages, pop-up messages, and client push messages;
(3) Emails, cell phone text messages, letters, etc. based on the contact information you reserved on our platform.
When you register as a user of our platform and accept the services of our platform, you should provide us with true and effective contact information (including your e-mail address, contact telephone number, contact address, etc.), and you are obliged to update the relevant information in a timely manner and maintain the status of being contacted in the event of a change in contact information.
The member’s account (including sub-accounts) that you generate when you register as a user of our Platform for logging in to our Platform to receive in-site mail and system messages also serves as your valid contact information.
We will serve various types of notices on you at one or more of the above contact points, and the content of such notices may materially and adversely affect your rights and obligations, so it is important that you pay attention to them in a timely manner.
You have the right to receive commercial information such as advertisements and promotional offers for products you are interested in via the cell phone number or e-mail address you have entered when registering; if you do not wish to receive such information, you have the right to unsubscribe through the corresponding unsubscribe function provided by us.
10.2 Service of notices
We will send you notices through the above contact information, of which written notices sent electronically, including but not limited to announcements on our platform, cell phone text messages sent to the contact phone number provided by you, emails sent to the email address provided by you, and on-site information and system messages sent to your account will be deemed to be served upon successful delivery; written notices sent by paper carrier will be deemed to have been served upon successful delivery, and written notices sent by mail will be deemed to have been delivered upon postmarking in accordance with the time provided by the contact address. The written notice sent in paper carrier, in accordance with the contact address provided by the postal mail, according to the postmark record time is deemed to have been served.
For any disputes arising from trading activities on our platform, you agree that our platform, judicial organs (including but not limited to the People’s Court) may serve you with complaint documents and legal documents (including but not limited to litigation documents) through cell phone text messages, emails and other modern means of communication, or by post. You designate the cell phone number, e-mail account and other contact information for receiving legal documents as the cell phone number and e-mail contact information provided by you when registering and updating on our platform, and the judicial authorities on our platform shall be deemed to have served the complaint documents and legal documents by sending them to the above contact information. Your designated mailing address is your legal contact address or the valid contact address provided by you.
You agree that the judicial authority may serve you with legal documents in one or more of the above ways in accordance with the provisions of the procedural law, and that if the judicial authority serves you with legal documents in more than one way, the time of service shall be determined by the first one of the above ways of service.
You should ensure that the contact information provided is accurate, valid and updated in real time. If the legal documents cannot be served or are not served in time due to inaccurate contact information provided, or if you do not inform the changed contact information in time, you shall bear the legal consequences that may arise as a result. - Termination of agreements
11.1 Circumstances of termination
11.1.1 [User-Initiated Termination] You have the right to terminate this Agreement in any of the following ways:
(1) If you cancel your account through the website when you fulfill the conditions for account cancellation and other cleanup conditions posted on our platform website;
(2) If you stop using and expressly do not want to accept the changes before the changes take effect;
(3) You expressly do not want to continue to use our platform services and meet the termination conditions of our platform.
11.1.2 [Termination initiated by the Platform] We may terminate this Agreement by notifying you in the manner listed in Article 10 of this Agreement in the event of any of the following circumstances:
(1) You violate the Agreement and we terminate the Agreement based on the default clause;
(2) You transfer your own account, misappropriation of another person’s account, publication of prohibited content and information, cheating other people’s property, taking improper means to make profits, etc., and we seize your account in accordance with the rules of our platform;
(3) In addition to the above, if your account is blocked by us in accordance with our platform rules because you have repeatedly violated the relevant provisions of our platform rules and the circumstances are serious;
(4) Your account is canceled by us in accordance with this Agreement;
(5) You have violated the legitimate rights and interests of others or other serious violations of the law on our platform;
(6) We shall terminate the service in accordance with other relevant laws and regulations.
11.2 Disposition after termination of the agreement
11.2.1 [Disclosure of User Information] Upon termination of this Agreement, except as expressly provided by law, in principle, we shall not be obliged to disclose any information contained in your account to you or any third party designated by you.
11.2.2 [Our Platform Rights] We have the following rights after the termination of this Agreement:
(1) We may delete or anonymize your personal information as required by applicable law. We may also continue to store other content and information that you have retained on our platform for the period and in the manner prescribed by law.
(2) We may still hold you liable for past breaches of contract under this Agreement.
11.2.3 [Transaction Processing] After the termination of this Agreement, for the transaction orders generated by you during the term of this Agreement, our platform may close such transaction orders, and we may, at our sole discretion, refund the fees or deduct the relevant fees as liquidated damages. - Application of law, jurisdiction and others
12.1 [Application of Law] The formation, entry into force, interpretation, amendment, supplementation, termination, enforcement and dispute resolution of this Agreement shall be governed by the laws of the United States of America, or, in the absence of such provisions, by commercial and/or industry practices.
12.2 [Jurisdiction] Disputes arising from your use of our Platform Services and related to our Platform Services shall be resolved through negotiation between us and you. If the negotiation fails, either party may file a lawsuit with the People’s Court where the defendant is located.
12.3 [VALIDITY OF PROVISIONS] If any provision of this Agreement is held to be repealed, invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.