User Agreement
[Prelude and Preamble]
Welcome to use the services of Tungee!
In order to use Tungee services, you should read and abide by User Agreement (hereinafter referred to as "the Agreement"). Please cautiously read and fully understand the contents of clauses, especially those that exempt or restrict responsibilities, applicable provisions of jurisdiction and law, and the Separate Agreement of opening or using a certain service. The restriction and exemption clauses may attract your special attention through bold in black body or underline. Unless you have read and accepted all the terms in the Agreement, you are not entitled to use Tungee service. Your using Tungee services is deemed as that you have already read and agreed with the restraints in the above Agreement.
If you are under the age of 18, please read the agreement accompanied by your legal guardian, and pay special attention to application terms for juveniles.
I. [Scope of the Agreement]
1.1 This agreement is the agreement about the use of related Tungee services subscribed between you and Tungee. "Tungee" refers to Guangzhou Tungee Technology Co., Ltd. and possible associated operation units of related services. "User" refers to the user that uses related services of Tungee, which is more referred to as "You" in the Agreement.
1.2 The service under the Agreement refers to products and services provided by Tungee for users, including but not limited to information exchange (hereinafter referred to as "the Service").
1.3 Contents of the Agreement also include Privacy Policy. In addition, when you use a specific service of Tungee, the service may have other separate agreements and related business rules (hereinafter referred to as "Separate Agreement"). The above content will constitute an impartial part of the Agreement once it is officially released, by which you should abide as you do for the Agreement. Your acceptance to any of the above business rules and separate agreement shall be deemed as that you have completely accepted the Agreement.
II. [Account and Password Security]
2.1 You might need to register an account before using Tungee services.
2.2 Tungee specially warns you to take good care of your account and password. After using, you shall exit safely. You should be solely responsible for account or password theft due to your improper safekeeping.
III. [Personal Information Protection for the User]
3.1 Personal information protection for the user is a basic principle for the Tungee. Tungee will collect, use, store and share your personal information in accordance with the agreement and the Privacy Policy. The provisions of the agreement on the protection of personal information conflict with the Privacy Policy, and the content of the agreement for personal information protection is not clearly defined, the content of the Privacy Policy shall prevail.
3.2 When registering the account or in the process of enjoying the Service, you may be required to fill in certain necessary information. And you need to fill in your real name, if there is any special requirement by national laws and regulations. If you fail to fill in the information completely, you will not enjoy the Service or be limited during enjoying the Service.
3.3 You may browse and amend the information submitted by you at any time, but for security and identification (such as account appeal service), you may not be able to amend some of the initial registration information and other verification information provided during registration.
3.4 Tungee shall protect your personal information by employing various safety technologies and procedures and establishing the perfect management system, so that your personal information can avoid being visited, used or exposed without authorization.
3.5 Tungee will not transfer or disclose your personal information to any non-associated third party unless:
(1) Requirements of relevant laws and regulations or courts and government agencies;
(2) Transfer for completion of merger, division, acquisition or transfer of assets;
(3) It is necessary to provide the service you require;
3.6 In the premise of not damaging your reputation nor revealing your business secret, Tungee may take your use conditions as the customer case for free to conduct related market publicity and expansion activities.
IV. [Methods to Use the Service]
4.1 Unless otherwise stipulated with Tungee, you agree to apply the Service only to To B enterprise scenario.
4.2 You are required to use the Service through the methods provided or acknowledged by Tungee. The right you are entitled to by the Agreement cannot be transferred.
4.3 You cannot use the plug-in, the add-on service or the third-party tool, which are not authorized by Tungee, to disturb, destroy and modify the service under the Agreement, etc.
V. [Provide Service as per Current Situation]
You understand and agree that the services provided by Tungee are based on the current situation which can be reached with the existing technology and conditions. Tungee will spare no efforts to provide services for you and ensure the continuity and security of services.But Tungee cannot anticipate and guard against the legal, technical risks and others at any time, including but not limited to service interrupt, data loss and other losses or risks which may be caused by force majeure, virus, Trojan, hacker attack, system instability, defects of third-party services, act of government, etc.
VI. [Self-prepared Equipment]
6.1 You should understand that you need to prepare terminal devices (such as cell phone, Modem and other devices) related to relevant services before using Tungee services, and undertake required expenses (such as telephone charges, internet access fees and other expenses).
6.2 You understand and agree that your using the Service will consume your terminal devices, network flow and other resources.
VII. [Advertisement]
7.1 You agree that Tungee or the third party advertisers can send advertising, promotion or propaganda information (including commercial and non-commercial information) to you while providing services, and Tungee will not inform you before changing its form and scope.
7.2 Tungee may provide you functions of selecting to shut down advertising information. But in no case shall you be allowed to shield or filter advertising information in a form that has not been clearly specified in the Agreement or approved in writing by Tungee.
7.3 Tungee fulfills relevant obligations to advertisers according to legal regulations. You should determine authenticity of the advertising information at your own discretion and be responsible for your own determination.Unless otherwise specified in laws, Tungee will not be responsible for your loss or damage caused by transactions made according to the advertising information or contents provided by the above advertisers.
7.4 You agree that you should carefully estimate authenticity and reliability of the advertising information in Tungee services. Unless otherwise specified in laws, you should be responsible for your transactions made according the advertising information.
VIII. [Paid Service]
8.1 Some services of Tungee are provided in a charge method. If you use the paid service, please abide by related agreements.
8.2 Tungee may revise and change the charge standard and mode of the paid service according to actual demands. It may also begin to charge some free services. Before the afore-mentioned revision, change or start of charge, Tungee will put notice or announcements on related service pages. If you do not agree with the above revision, change or paid contents, please stop using the service.
IX. [Transaction Service Provided by the Third Party]
When you trade through services provided by the third party on Tungee platform, besides abiding by the stipulations of the Agreement, you should also follow the transaction agreement of the third party. Tungee and the third party are respectively responsible for potential disputes within the scope specified and agreed in laws.
X. [Service Provided on the Basis of Software]
If Tungee provides services for you through "software", you should also abide by the following stipulations:
10.1 In the process of using the Service, you may have to download the software, for which Tungee gives you the personal, nonnegotiable and non-exclusive license. You can only use the software for the access or use of the Service.
10.2 In order to improve user experience, ensure the service safety and consistency of product functions, Tungee may update the software. You should update related software to the latest version. Otherwise, Tungee does not ensure that it can be normally used.
10.3 Tungee may develop different software versions for different terminal equipment. You should install it by downloading the proper version according to actual conditions. You may obtain the software directly from the website of Tungee, or get it from the third party authorized by Tungee. If you obtain software or the installation program with the same name of software from the third party that is not authorized by Tungee, Tungee cannot ensure that the software can be normally used and bears no responsibility for the losses caused by this to you.
10.4 Without the written permission of Tungee, you cannot be engaged in any of the following behaviors:
(1) Delete the information of copyright on the software and its copy;
(2) The reverse project, reverse compilation, reverse editing and translating of software or other ways are implemented to find the software's source code;
(3) Use, rent out, lend, duplicate, amend, link, reprint, compile, issue, publish, and establish the mirror image website for the contents with the intellectual property right owned by Tungee;
(4) In the process of game software or software operation, the copy, modification, addition, deletion, hitch operation or creation of any derivative works are implemented for data in any terminal, interactive data between customer side and server side in the process of software operation, and necessary system data in the software operation, the form includes but not limited to the use of plugins, plug-in or third-party tool/service access software and relevant system without legal authorization;
(5) The instructions and data in the software operation are modified or counterfeited, the software function or operation effect is added, deleted and changed, or the software and method used for the above purpose will be operated or spread to the public, no matter whether the above conducts belong to the commercial purpose;
(6) Log in or use the software and service of Tungee through the third-party software, plugin, add-on and system which aren't developed and authorized by Tungee, or produce, publish and propagate the third-party software, plugin, add-on and system not developed and authorized by Tungee.
XI. [Statement on Intellectual Property Rights]
11.1 Tungee reserves the intellectual property right of the contents (including but not limited to web page, words, pictures, audio, video, charts, etc.) provided in the Service. Users or relevant right holders reserve the intellectual property right of contents generated from the process of users using the Service.
11.2 Unless other special announcement, the copyright, patent right and other intellectual property rights of the software that Tungee depends on when providing the Service belong to Tungee.
11.3 The copyright or trademark right of the business mark used by Tungee in the Service belongs to Tungee.
11.4 Intellectual property rights of the contents contained in the above and any other services are protected by laws. No one is allowed to use or create relevant derivative works in any form without written permission of Tungee, users or relevant right holders.
XII. [Users' Illegal Act]
12.1 While using the Service, you have to comply with laws and regulations and shall not utilize the Service to be engaged in unlawful acts, including but not limited to:
(1) Release, transfer, communicate and store any content which does harm to state security and unity, damages social stability, violates public order and good morals, involves insulting, defamation, obscenity and violence and violates any national laws and regulations;
(2) Release, transfer, communicate and store any content which infringes others' intellectual property right, commercial secretes and other legal rights;
(3) Maliciously make up facts and conceal the truth to mislead and deceive others;
(4) Release, transfer and communicate advertising information and junk information;
(5) Use the Service in other's name;
(6) Engage in illegal transactions, such as money laundering, selling guns, drugs, doping medicines, pirated software, obscene goods and other articles which the company believes shall not be used in the Service, etc.;
(7) Illegally use other's bank account (including credit card account) or invalid bank account (including credit card account) for transaction;
(8) Engage in any behavior which might contain computer virus or might infringe the Service system and materials;
(9) Other behaviors forbidden by laws and regulations or those Tungee deems improper with justified reasons.
12.2 If you violate regulations in the Agreement, relevant national authorities or institutions may take legal actions, impose penalty or take other punishment measures against you, and request Tungee to assist. If any damage is caused by you, you should give compensation according to law and Tungee bears no responsibility.
12.3 If Tungee finds out or receives other's report about your information violating the Agreement, Tungee is entitled to make independent judgment and take technical measures to delete, shield or disconnect the links. Meanwhile, Tungee is entitled to take measures according to property of user's acts, including but not limited to suspending or terminating service, restricting, freezing or terminating account use, investigating and affixing legal liability, etc.
12.4 If your violation of the agreement causes damages to any third party, you should be solely responsible for the damages;if the Tungee suffer any loss, you shall also pay for it.
XIII. [Abide by the Local Laws]
13.1 While using the Service, you should abide by the local laws and regulations, and respect the local ethics and customs.If your behavior violates the local laws and regulations or ethics and customs, you should be solely responsible for this.
13.2 You should avoid involving Tungee in politics and public events while using the Service. Otherwise, Tungee reserves the right to suspend or terminate your services.
XIV. [Product Risk Warning]
14.1 You clearly know that Tungee provides services for you through the internet. If there is any internet breakdown, Tungee cannot normally provide services for you. Tungee is not responsible for information delay and mistake caused by internet breakdown and delay.
14.2 In the process of using Tungee products, for any information data contents provided by Tungee, you shall not deem it as Tungee's explicit and implied commitment that all the information keeps in line with actual conditions.
14.3 You shall protect the username and password of your software and trading account. Tungee bears no responsibility for any consequences of the stolen password caused by individuals.
XV. [Force Majeure and Other Exemptions]
15.1 You understand and agree that there might be force majeure and other risk factors which will interrupt the Service while using the Service. The force majeure mentioned in this Agreement means objective events that are unforeseeable, insuperable and inevitable and have a significant impact on a party or both parties, including but not limited to natural disasters such as flood, earthquake, plague epidemic and storm as well as social events such as war, turmoil and government behavior. In case of the above situations, Tungee will try its best to cooperate with relevant units the first time and repair in time. But Tungee is exempted from losses caused hereof to you within the range permitted by laws.
15.2 Within the range permitted by laws, Tungee is not responsible for the service interruption or frustration caused by the following situations:
(1) Damage caused by computer virus, Trojan virus or other malicious programs and hacker attack;
(2) The software, system, hardware and communication lines of the user or Tungee are out of order;
(3) Improper user's operation;
(4) Users use the Service through the ways that are not authorized by Tungee;
(5) Other situations that Tungee cannot control or reasonably foresee.
15.3 You understand and agree that you might run into risks caused by network information or other users' behaviors while using the Service, and that Tungee is not responsible for authenticity, applicability and legality of any information or damages caused to you by the infringement act. These shall include but are not limited to:
(1) Information containing threat, defamation and offensive or illegal contents sent from others on condition of anonymity or in a false name;
(2) Other's misleading, fraud and other mental or physical injury which are caused or may be caused and economic losses due to using services in the Agreement;
(3) Other risks caused by network information or user's behaviors.
15.4 You understand and agree that the Service is not designed for some special purposes, including but not limited nuclear facility, military purpose, medical facility, traffic and communication and other important fields. Tungee does not undertake any legal liability for personnel injury, property loss, environment damage and others caused by the above operation failures due to software or services.
15.5 According regulations in the Agreement, Tungee reserves the right to deal with illegal contents, and this right does not constitute obligation or commitment of Tungee. Tungee does not make sure to timely find out illegal acts or deal with them accordingly.
15.6 In no case shall you take for granted money borrowing, password asking and other network information involving property.In case of operation involving property, please be sure to verify identify of the other side, and please pay frequent attention to Tungee prompts about preventing fraud and crimes.
XVI. [Agreement Commencement and Changes]
16.1 If you click or confirm to register Tungee and use the services of Tungee, it is deemed that you have read the Agreement and accept the restraints of the Agreement.
16.2 Tungee is entitled to modify terms of the Agreement if necessary. You may consult the agreement clauses of the latest version on related service pages.
16.3 After changes of the Agreement terms, if you continue to use Tungee services, it will be deemed that you have accepted the modified agreement. If you do not accept the revised agreement, you shall stop using the software or service provided by Tungee.
XVII. [Service Change, Interruption and Termination]
17.1 Tungee might change service contents and interrupt, suspend or terminate services.
17.2You understand and agree that Tungee has the right to independently decide the operating strategy. When Tungee has any M&A, separation, purchase and asset transfer, Tungee may transfer related assets under the Service to the third party; Tungee may also transfer some or all the services under the agreement to the third party for operation and fulfillment after unilaterally notifying you. The concrete transfer subject noticed by Tungee shall prevail.
17.3 In any of the following situations, Tungee is entitled to interrupt or terminate your services without notifying you:
(1) According to legal regulations, you should submit your real information. However, the personal information that you provide is not true or is inconsistent with registered information, and you cannot provide reasonable evidence;
(2) You have violated relevant laws and regulations or provisions in the Agreement;
(3) In the light of laws and regulations or requirements of competent departments;
(4) For sake of safety or other necessary situations.
17.4 Tungee has the right to charge fees according to stipulations of Article 8.2 in the Agreement. If you fail to pay it in full amount, Tungee has the right to suspend, stop or terminate services.
17.5 You are duty-bound to back up the data stored in the Service by yourself. If your service is terminated, Tungee may pertinently delete your data from the server, unless otherwise stipulated by laws. After the service terminates, Tungee has no obligation to return data to you.
XVIII. [Jurisdiction and Application of Laws]
18.1 Laws of the People's Republic of China mainland (excluding conflict law) are applicable to signing, commencement, fulfillment, interpretation and dispute resolution of the agreement.
18.2 The signing place of the Agreement is Panyu District, Guangzhou City, Guangdong Province, PRC.
18.3 If there is any dispute or controversy between you and Tungee, it is necessary to firstly solve it through friendly negotiation; if negotiation fails, you agree to submit the dispute or controversy to the competent people's court in the place where the Agreement is made.
18.4 Headlines of all the terms in the Agreement are set for reading convenience only, which have no actual meaning and cannot be treated as basis to interpret connotation of the Agreement.
18.5 If any term of the Agreement becomes partially invalid or cannot be fulfilled for any reason, the other terms still remain valid and binding to the two parties.
XIX. [Use Articles of Juveniles]
19.1 Users under the age of 18 are regarded as juveniles, and shall read the Agreement and use the Service under custody and guidance of their guardians.
19.2 Juvenile users are easy to be confused by the virtual network information, for they do not have much life experience, and they are quite easy to be used by others with ulterior motives and have no self-protection ability, for they are quite curious and lack of handling ability to adapt themselves to changing circumstances. Therefore, juvenile users shall pay attention to the following items to improve safety awareness and intensify self-protection while using the Service:
(1) Clearly distinguish network world from real world, and avoid being obsessed in network and influencing daily learning and living;
(2) Intensify self protection awareness while filling in personal information to avoid harassment to personal life from lawbreakers;
(3) Learn how to use network correctly under guidance of guardians or teachers;
(4) Avoid casually meeting with strange net friend or participating fellowship activities so that lawbreakers will not get any chance to endanger your safety.
19.3 Guardians and schools shall pay more attention to guide the juveniles to use the Service. Especially, the parents shall care more about the growth of their children, pay attention to communication with their children, and give guidance about safety problems to which their children should pay attention when they search the Internet to prevent crises before they emerge.
XX. [Restrictions of Competitive Behavior]
If you have any of the following behaviors: 1) The product and service developed and managed by you are of the same nature with those provided by Tungee; 2) Imitate, copy and crawl the product function and design idea of Tungee; 3) Act as the agent of products with the same or similar nature with those provided by Tungee; You'll be deemed as the competitor that Tungee forbids cooperating with. Tungee has the right to unilaterally terminate the contract or unconditionally stop your account since the day when the above cases occur.
XXI. [Others]
If you have any opinion or suggestion for the Agreement or the Service, you may contact with the customer service department of Tungee and we will provide you with necessary help. (Text is finished)
TUNGEE
