This Agreement is a valid contract entered into between Hebei Pinda Network Technology Co., Ltd. and all entities (including but not limited to individuals, enterprises, etc.) that use Dragon Boat (hereinafter referred to as "Users") regarding the use of Dragon Boat and related services. The use of any service of Dragon Boat shall mean acceptance of all terms of this Agreement. This Agreement applies to any version of Dragon Boat, including all services used by Users and upgrades and updates of the software during the term of this Agreement.
Dragon Boat is a platform that provides Users with the following online functions: system platform, material library, TikTok Ads management, and data. For the avoidance of doubt, Dragon Boat itself does not directly upload or provide content; moreover, Hebei Pinda does not make any guarantees or assume any liability for the usage effects of Dragon Boat (including but not limited to traffic volume, click-through rate, video quality, quantity and quality of leads, quantity and quality of transactions, etc.) or other services beyond the scope of the aforementioned functions.
Based on actual needs and other service contents provided by Hebei Pinda from time to time, Hebei Pinda may update this Agreement or enter into other service agreements with Users separately. However, regardless of whether Hebei Pinda updates or enters into the aforementioned agreements with Users separately, the User's use of specific services of Dragon Boat shall be deemed as consent to and acceptance of Hebei Pinda's agreements regarding such specific services. If there is any inconsistency between other agreements separately entered into between Hebei Pinda and the User and this Agreement, the other agreements separately entered into between Hebei Pinda and the User shall prevail with respect to the use of the relevant specific services.
The User understands that Dragon Boat only provides relevant network services. Beyond that, the equipment related to such network services (such as personal computers, mobile phones, and other devices for accessing the Internet or mobile networks) and the necessary expenses (such as telephone fees and Internet access fees paid for accessing the Internet, and mobile phone fees paid for using mobile networks) shall be borne by the User itself.
The User shall not abuse the services of Dragon Boat. A Dragon Boat account is for the User's own use only, and the account shall not be provided to any third party for use, whether for consideration or free of charge. Hebei Pinda hereby solemnly reminds that any information, materials, text, music, audio, photos, graphics, videos, messages, the User's registration information, or other materials (hereinafter referred to as "Content") transmitted through this Service by means of uploading, sending instant messages, emails, or any other methods shall be the sole responsibility of the Content provider and user for their uploading and use. As a platform providing network services, Dragon Boat cannot control the Content transmitted through this Service, nor can it fully control the User's use behavior; therefore, it cannot guarantee the legality, accuracy, completeness, authenticity, or quality of the Content.
If the User's use of Dragon Boat is inconsistent with this Agreement or other relevant usage requirements of Dragon Boat (including this Agreement and any amendments to the aforementioned usage requirements from time to time), Hebei Pinda shall have the right to make an independent judgment upon discovery through notifications, reports, or other channels, and shall have the right to immediately terminate the provision of part or all of the services to the User without prior notice. If the User disseminates or spreads reactionary, pornographic, or other information that violates national laws and regulations through Dragon Boat, the system records of Dragon Boat may be used as evidence of the User's violation of laws and regulations; any claims made by third parties or any damages or losses arising from the User's uploading or dissemination of the aforementioned Content through Dragon Boat shall be the sole responsibility of the User.
Based on the User's use of Dragon Boat, Hebei Pinda will continuously improve the product experience, such as providing personalized services or enhancing the security of the User's use of the services. At the same time, if it is discovered through notifications, reports, or other channels that the User violates any provisions of this Agreement or relevant laws and regulations when using the services provided by Dragon Boat, Hebei Pinda shall have the right to require the User to make corrections or directly take all necessary measures that Hebei Pinda deems appropriate (including but not limited to modifying or deleting the Content uploaded by the User, suspending or terminating the User's use of the services, and/or publicly notifying the right to use the Dragon Boat user account in violation of laws or this Agreement) to mitigate the impact caused by the User's improper behavior.
Hebei Pinda reserves full and indivisible ownership and intellectual property rights to the following contents and information:
Except for the Content uploaded and disseminated by the User itself, Dragon Boat and all its elements, including but not limited to all content, data, technology, software, code, user interface, and any derivative works related thereto.
The ownership of the Dragon Boat account belongs to Hebei Pinda. After the User completes the application and registration procedures, the User only obtains the right to use the Dragon Boat account. Meanwhile, the User shall not donate, lend, lease, transfer, or sell the Dragon Boat account, or license non-Users to use the Dragon Boat account in any other way. The User is responsible for properly keeping the security of the Dragon Boat account information and account password. If the User's account is stolen or the password is compromised due to no fault of Hebei Pinda, the responsibility shall be borne by the User itself. In case of password loss, leakage, or theft, the User shall immediately apply to Hebei Pinda for account freeze and reset the password. If the User's password is stolen or used by a third party due to no fault of Hebei Pinda, and Hebei Pinda executes instructions issued by others before the User completes the password freeze procedures, resulting in adverse consequences for the User, Hebei Pinda shall not bear any liability.
Without the consent of Hebei Pinda, the aforementioned materials shall not be directly or indirectly published, broadcasted, rewritten or redistributed for the purpose of broadcasting or publishing on any media, or used for any other commercial purposes. Dragon Boat shall not be liable for any delays, inaccuracies, errors, or omissions arising from the aforementioned materials or in the process of transmitting or delivering all or part of the aforementioned materials, or for any damages arising therefrom or in connection therewith.
All rights to any software used by Dragon Boat to provide network services (including but not limited to any images, photos, animations, videos, recordings, music, text, additional programs, and accompanying help materials contained in the software) belong to the copyright owner of the software. Without the permission of the copyright owner of the software, the User shall not conduct reverse engineering, reverse compilation, or disassembly of the software, or discover its original code in any other way, or commit any act suspected of infringing copyright.
The User has full and complete ownership and intellectual property rights to the Content uploaded, published, transmitted, or disseminated through other means using Dragon Boat, and there is no risk of infringing the legitimate rights and interests of others.
The User shall not use Dragon Boat to send or disseminate information that violates national legal systems, sensitive information, or information that is inappropriate to be sent or disseminated, including but not limited to the following information:
In the process of using Dragon Boat, the User must comply with the following principles:
If the Content uploaded, published, transmitted, or disseminated through other means by the User using the network services provided by Dragon Boat has defects in rights or infringes upon the legitimate rights and interests of a third party (including but not limited to patent rights, trademark rights, copyrights and neighboring rights of copyright, portrait rights, privacy rights, reputation rights, etc.), resulting in Hebei Pinda or other units cooperating with Hebei Pinda facing any complaints, reports, inquiries, claims, or lawsuits, or causing Hebei Pinda or other units cooperating with Hebei Pinda to suffer any losses in reputation or property, the User shall actively take all possible measures to ensure that Hebei Pinda and other units cooperating with Hebei Pinda are not affected by the aforementioned claims or lawsuits. Meanwhile, the User shall bear full compensation liability for the direct and indirect economic losses suffered by Hebei Pinda and other units cooperating with Hebei Pinda as a result. Moreover, before the User properly resolves the corresponding matter, Hebei Pinda shall have the right to suspend all services provided by Hebei Pinda to the User, and shall have the right to delete or revoke the publication of the relevant materials released by the User.
Dragon Boat provided by Hebei Pinda is independently owned by Hebei Pinda, and Hebei Pinda enjoys exclusive and independent property rights thereto. The User shall not infringe upon any rights of Hebei Pinda in respect of Dragon Boat in any way, including but not limited to ownership and related intellectual property rights. If the User commits any act of infringement in any way, Hebei Pinda shall pursue all legal liabilities against the User, including liabilities for economic losses and damage to goodwill. If the User commits any act that Hebei Pinda deems to constitute infringement, including but not limited to plagiarism, imitation, hacking, or providing similar services to third parties, Hebei Pinda shall have the right to immediately close the User's port, stop providing all services to the User, and require the User to bear all economic losses and legal liabilities; the User warrants that the methods, means, and channels used to perform this Agreement do not infringe upon the intellectual property rights or confidential information of Hebei Pinda or any third party; if the User's violation of the preceding warranty causes Hebei Pinda or other units cooperating with Hebei Pinda to face relevant accusations, the User shall participate in any litigation, arbitration, or other dispute resolution proceedings arising therefrom and bear the relevant liabilities on its own, and Hebei Pinda shall have the right to claim compensation from the User for the losses suffered by Hebei Pinda or other units cooperating with Hebei Pinda as a result. Meanwhile, Hebei Pinda shall have the right to unilaterally terminate this Agreement without assuming any liability, and the User shall bear the liability for any losses caused to Hebei Pinda thereby.
If the Content uploaded by the User allows other Users to download, view, listen to, or access or distribute in any other way, the User must ensure that the publication of such Content and the implementation of relevant acts comply with relevant intellectual property laws and regulations, including but not limited to:
Hebei Pinda fully respects the protection of User information. For details of Hebei Pinda's privacy policy, please refer to the Privacy Agreement.
Hebei Pinda will not disclose or provide the User's non-public Content stored on Dragon Boat to third parties, except in the following cases:
If Hebei Pinda fails to perform or fully perform its obligations under this Agreement due to reasons beyond its reasonable control, including but not limited to force majeure, government acts, and power or telecommunications outages, Hebei Pinda shall not be liable to the User for relevant legal liabilities. If the aforementioned reasons last for more than 60 days, Hebei Pinda may terminate this Agreement without assuming liability for breach of contract. If the abnormal interruption of Dragon Boat or failure to provide services as agreed is caused by the User, Hebei Pinda shall not be liable to the User for any legal liabilities.
Hebei Pinda shall have the right to delete any website that contains information or links that are illegal or violate public order and good customs, such as endangering China's national security, being obscene or pornographic, false, defamatory (including commercial defamation), illegally threatening or harassing, or damaging others' reputation or interests, or infringing others' rights, at any time without prior notice to the User, and Hebei Pinda shall not be liable to the User for any legal liabilities thereby. If the User's platform is deleted for the above reasons, all fees paid by the User will not be refunded.
The User understands that Hebei Pinda needs to conduct regular or irregular inspections or maintenance on the platform providing network services or related equipment. If such inspections or maintenance result in service interruptions within a reasonable time, Hebei Pinda shall not be liable for such interruptions, but Hebei Pinda shall give prior notice as much as possible.
Hebei Pinda may change this Service or delete some of its functions at any time for any reason, or cancel or terminate the services to the User at any time. After suspending or terminating the services, Hebei Pinda will make its best efforts to notify the User through reasonable means. Once the services are canceled or terminated, the User's right to use this Service will immediately terminate. Once this Service is canceled or terminated, any information stored by the User in this Service may not be recoverable.
Hebei Pinda does not make any warranties (including but not limited to) that:
Under no circumstances shall Hebei Pinda be liable for any indirect losses of the User, such as expected profits or business reputation, caused by the use of Dragon Boat.
Any disputes or losses caused by the User itself or its authorized third parties (including third-party applications) accessing/using its Dragon Boat shall be the sole responsibility of the User and have no connection with Hebei Pinda.
Hebei Pinda has the right to revise and interpret all contents of this Agreement and Dragon Boat policies within the scope of laws.
This Agreement shall take effect upon its publication. Hebei Pinda has the right to modify the contents of this Agreement at any time, and the modified version shall be published on Dragon Boat. If the User does not agree to the modifications made by Hebei Pinda to the relevant clauses of this Agreement, the User shall immediately stop using Dragon Boat. If the User continues to use Dragon Boat, it shall be deemed that the User accepts the modifications made by Hebei Pinda to the relevant clauses of this Agreement.
All notifications from Hebei Pinda to the User under this Agreement may be sent through web announcements, emails, text messages, or regular mail; such notifications shall be deemed delivered to the recipient on the date of sending.
This Agreement shall be governed by the laws of China in terms of its formation, performance, interpretation, and dispute resolution. In case of any dispute between the parties regarding the contents of this Agreement or its performance, the parties shall first try to resolve it through friendly negotiation; if negotiation fails, either party may submit the dispute to the Shanghai Arbitration Commission for arbitration in Shanghai in accordance with the arbitration rules in effect at the time of applying for arbitration. The arbitral award shall be final and binding on both parties.