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Vantop Gimo User Service Agreement

In order to better serve you, please read through this Vantop Gimo User Service Agreement carefully (hereinafter referred to as "this Agreement"). Please carefully read this Agreement and understand it fully before using the Vantop Gimo software and its related services, especially the terms, including without limitation, related to the exemption or limitation of liability, rights permission and information use, enabling and use of special personal services, the governing law and dispute resolution. This includes important content, such as terms related to exemption or limitation of liability, will be brought to your attention in bold, and should be read carefully. If you are under the age of 18 when reading this agreement, you should be accompanied by your legal guardian, and only use the Vantop Gimo software and its related services with the consent of your legal guardian.

You are not permitted to download, install, register, log in, or use (hereinafter collectively referred to as "Uses") the Vantop Gimo software or use the Vantop Gimo service in any way, or obtain any service provided by the Vantop Gimo software (hereinafter collectively referred to as "Uses" in this Agreement) unless you fully accept the terms of this Agreement. You shall be deemed to have fully understood this Agreement and agree to be bound by it as a party to this Agreement if you use the Vantop Gimo software and its related services.

If you have any questions, comments, or suggestions about the terms of this Agreement, you may contact us by logging onto the Feedback page in the Vantop Gimo client.

 

1. Scope of Application

1.1 This Agreement is an agreement between you and Vantop Technology & Innovation Co., Ltd. (hereinafter referred to as "the Company", "Us", or "We") governing downloading, installation, registration, login, and use of the Vantop Gimo software and its related services provided by the Vantop Gimo software. The company has the right to unilaterally arrange or designate its affiliates, subsidiary companies, successor companies, or third-party companies recognized by the company to continue to operate the Vantop Gimo software based on the Vantop Gimo software and its related services or operation needs. Additionally, some services involved under this Agreement may be provided to you by our affiliates, subsidiary companies, successor companies, or third-party companies recognized by the company. If you understand and agree to accept the related services, you are deemed to have agreed to be bound by this Agreement.

1.2 "User" refers to all users, including natural persons, legal entities, and other organizations, who directly or indirectly acquire and use the Vantop Gimo software and its related services. It is referred to as "user" or "you" in this Agreement.

1.3 "Vantop Gimo" refers to the APP named "Vantop Gimo" which is legally owned and operated by the company. The company is entitled to unilaterally change (including without limitation renaming and adding) the names of the application and website.

1.4 This Agreement includes the related agreements and rules on the Vantop Gimo software and its related services (including the Vantop Privacy Policy) that the company issued and may continue to issue in the future. The company shall prompt you to read above-mentioned content in a timely manner by appropriate means (including without limitation, website announcement and system notifications) once it has been officially released. The above-mentioned agreements and rules form an integral part of this Agreement, for which your compliance is required.

 

2. Use of the Vantop Gimo Software and its Related Services

2.1 You may use the Vantop Gimo software and its related services by obtaining the Vantop Gimo client application or visiting the Vantop Gimo website through a pre-installation or an authorized third-party downloading. The company cannot guarantee the normal use of the unofficial version of the Vantop Gimo software and shall not be liable for the resulting losses you suffer if you do not obtain the software from the company or a third party authorized by the company.

2.2 The company may develop different versions of the client application for alternate devices; you should obtain, download, and install the appropriate version for on your device.

2.3 You may use or update the Vantop Gimo software and its related services based on your own needs. You may uninstall the Vantop Gimo software and its related services if you no longer need them.

2.4 The company may provide software updates or changes (including without limitation software modification, upgrade, feature enhancement, development of new services, and software replacement) from time to time to improve the user experience and services. The company shall, where possible, prompt users in ways, including without limitation, system prompts, announcements, in-site message after the software and related services or some services are updated to ensure the security of the Vantop Gimo software and its related services and the improvement of user services. You may elect to accept the updated version or services. Some features may be restricted or cannot continue to be used if you do not accept the above.

2.5 You shall not make any unauthorized access to or use of the Vantop Gimo software and its related services in any form, including without limitation, adaptation, reproduction, dissemination, vertical search, mirroring, or trading unless you have express prior written authorization of the company.

2.6 You understand and agree that you need to bring your own device (such as computer, mobile phone, or devices) relating to software when using the Vantop Gimo software and its related services. It shall be deemed that you have used the Vantop Gimo software and its related services once you run the Vantop Gimo software or visit the related Vantop Gimo website in your terminal equipment. You may need to connect your device to the Internet to fully enable all the features of Vantop Gimo. You understand and agree that you shall assume all expenses (such as data fees and Internet connection fees) incurred.

2.7 The company provides you with a personal, revocable, non-assignable, non-proprietary, non-exclusive, and non-commercial right to legally use the Vantop Gimo software and its related services. All other rights not expressly granted in this Agreement are still retained by the company, and you must separately obtain written permission from the company when exercising these rights. Additionally, the company's failure to exercise any of the above rights does not constitute a waiver of such rights.

2.8 You do not need to register to use the Vantop Gimo software and its related services. Moreover, you understand and agree that in order to enable you to better use the Vantop Gimo software and its related services, and to ensure the security of your account, certain features and/or certain individual services, such as post comments, may only be used after you have registered and logged in with your real information pursuant to the applicable national law.

2.9 Should you find any content in the Vantop Gimo software and website that is in violation of your rights, please inform the company immediately and provide preliminary evidence of your rights. The company shall process your complaint in a timely manner pursuant to the applicable law.

 

3. Account

3.1 Vantop Gimo provides users with a registration channel. Users have the right to select a legal character combination as their account number and set a password that meets the security requirements. A User's account number and password are the credentials required for them to log in and use the Vantop Gimo software and its related services as a registered user.

3.2 You understand and covenant that the account number you set shall not violate the applicable national law and the applicable rules of the company. Your registration information, such as account name, avatar, and profile, and other personal information shall not contain illegal or immoral information. You shall not open an account in the name of another person (including without limitation using another person's name, designation, title, avatar, and other methods that could cause confusion) without the permission of such a person, and you shall not register a Vantop Gimo account in bad faith (including without limitation frequent registration and batch registration of accounts). You shall not engage in any act that impairs the national interest or legally protected interest of another citizens or any other act of moral turpitude, and shall comply with applicable law when registering and using your account. The company is entitled to review the registration information submitted by you.

3.3 Your registered Vantop Gimo account is for your use only. You shall not donate, borrow, lease, assign, sell, or otherwise permit others to use your account without the written consent of the company; you shall otherwise assume all the consequences arising therefrom. The company has the right to immediately suspend or terminate the services provided to the registered account or cancel the account if the company finds or has reasonable grounds to believe that the account user is not the initial registrant of the account, so as to ensure the security of the account.

3.4 You are responsible for guaranteeing the security and confidentiality of your personal account and password, and you assume full legal liability for the activities you are engaged in on your registered account, including without limitation any data modification, comments, payments, and other way in which you use Vantop Gimo. You shall attach great importance to the confidentiality of your account and password, and shall not disclose them to others under any circumstances. You should notify the company immediately if you find someone using your account without permission or any other security vulnerabilities.

3.5 You may request to retrieve the account or password in a timely manner through the company's complaint channel if you lose or forget your account user name or password. You understand and acknowledge that the company's password recovery mechanism only identifies that the information filled in the complaint form is consistent with that in the system records, and cannot identify whether the complainant is a real authorized account user. The company urges you to carefully safeguard your account and password details. You should securely log out when you are finished using your account. All liability for account theft or password loss caused by your own fault such as improper use and safekeeping, or other force majeure events (the term "force majeure" in this Agreement refers to unforeseeable, insurmountable, and unavoidable objective events, including without limitation government action, natural events including natural disasters such as floods, earthquakes, fires, storms, and epidemics, internet problems, hacker attacks, wars, or any other similar event) shall be borne by you.

3.6 You must ensure the authenticity of the identity information filled in when registering, using, and managing your account. You shall use real, accurate, legitimate, and valid identity materials and necessary information (including without limitation your name, email address, contact number, and contact address) when registering and managing your account. You need to fill in real identity information in order to use some features of the software and services, pursuant to the applicable national law. Please complete the real-name authentication pursuant to applicable law, and remember to update the above information in a timely manner. The company is entitled to refuse to provide you with the related services and you may not be able to use the Vantop Gimo software and related services, or some features may be restricted during use if the materials you submit or the information you provide are inaccurate, untrue, non-compliant, or illegal, or the company has reason to suspect that they are incorrect, untrue, or illegal.

3.7 In addition to registering a Vantop Gimo account for yourself, you may also choose to register and log in to use the Vantop Gimo software and its related services by authorizing the use of other user accounts that you legally own, including without limitation user accounts of other software provided by the company and/or its affiliates as well as user accounts of third-party software or platforms you registered in your real name, unless the third-party software or platforms have restrictions or prohibitions on this. You warrant that the appropriate account has undergone real-name authentication, and agree to apply this Agreement when logging in with the above existing account.

3.8 You understand and agree that in addition to logging into and using the Vantop Gimo software and its related services, you may also use your Vantop Gimo account to log into and use other software and services provided by the company, its affiliates, or other partners. You shall also be bound by the User Agreement and other agreement terms of the other software or service providers if you use your Vantop Gimo account to log into and use the above services.

3.9 You agree to authorize the company to automatically synchronize all content you post on the account of this software/website to a series of client software and websites operated by the company and/or its affiliates in the name of your account in order to attract visitors and improve posting efficiency of your content. All posts, modifications, or deletions of content through this software/website will be synchronized with the above set of client software and websites.

3.10 You understand and agree that you shall comply with the User Agreement and other agreement terms of the software products and websites when accessing the client software products and websites (if any) operated by the company and/or its affiliates with a registered or synchronized account.

3.10 You shall assume the liability arising therefrom and the company shall not assume any liability if your account is stolen or lost due to a malicious attack by others, where caused by you, or other force majeure factors.

3.11 You understand that in order to make full use of account resources, the company is entitled to deactivate your account at any time in case you do not log in for the first time after registration or do not log into an account that is idle for more than two consecutive months. You may not be able to use the account you previously held to log into and use the Vantop Gimo software and related services, and any personalized settings and usage records saved in your account will not be recoverable if your account is deactivated.

The company will prompt you in an appropriate way before deactivating your account. The company will deactivate your account if you fail to log into and use your account within a certain period of time after receiving the related prompt.

You may register a new account to log into and use the Vantop Gimo software and its related services If your account is deactivated. You are still bound to this Agreement when you register log into and use a new account.

 

4. Protection of Users' Personal Information

4.1 Protecting users' personal information is one of the basic principles of the company and as such, we attach great importance to the protection of users' information. The company is working with users to protect their personal information (i.e. information that can identify a user's identity independently or in combination with any other information, and information such as the time and location when a user is active within the service).

4.2 You may need to provide your personal information (including without limitation your name, phone number, location information, device information) while using the Vantop Gimo software and its related services so that the company can provide you with a better service and technical support. You understand and agree that the company is entitled to collect, use (including use in commercial collaborations), store, and share your personal information based on the premise of complying with applicable law, this Agreement, the Vantop Privacy Policy, and obtaining the express consent from you. Meanwhile, we shall protect your right to browse, modify, and delete related personal information and withdraw your consent pursuant to the applicable law.

4.3 You may browse and modify the personally identifying information you submit at any time. You understand and agree that you may not be able to modify the initial registration information and other verification information provided at the time of registration because of security and identification concerns (such as complaint services for account or password retrieval).

4.4 The company shall implement security technologies and other security practices suitable for the Vantop Gimo software and related services to establish a comprehensive management system for the protection of your personal information from improper use or unauthorized access, use, or disclosure.

4.5 The company shall not disclose your personal information to any other company, organization, or individual without your consent, except under the following circumstances:

(1) Obtaining your express prior authorization and consent;

(2) You share, assign, or disclose your information to other companies, organizations, or individuals by yourself;

(3) Directly relating to national security, national defense security, public safety, public health, and public interest;

(4) Disclose or provide it pursuant to applicable law, or mandatory administrative, or law enforcement requirements, or directly related to legal matters including without limitation criminal investigation, prosecution, trial, and judgment execution. When receiving the above request for disclosure of information, the company shall require the other party to issue appropriate legal documents such as a subpoena or a warrant on the premise of complying with applicable law. In addition, the company shall promptly notify the affected users in writing of the content of the personal information to be disclosed or provided and the legal procedures involved. The company shall review all requests prudently to ensure that they have legal grounds and are limited to data that the administrative or law enforcement department is entitled to obtain for the specific investigation purposes;

(5) It is necessary to safeguard legally protected interests, such as the life and property of other Vantop Gimo users, the company, and its affiliates and subsidiary companies, or to guarantee the secure and stable operation of products or services to the extent permitted by the applicable law, for example, locating, preventing, and handling illegal activities such as fraud and reducing credit risks (excluding disclosing or providing personal information for profit in violation of the warranties made in this Agreement);

(6) Collecting personal information from legally disclosed information, such as legal news reports, government information disclosure, and other channels;

(7) Any other circumstances under applicable law.

4.6 Please take care to not disclose your property accounts, bank card accounts, credit card accounts, third-party payment accounts, their passwords, and other important information when using the Vantop Gimo software and related services; otherwise, you shall assume any losses arising therefrom.

4.7 Considering that the Vantop Gimo software and its related services may include or link to information or other services (including websites) provided by third parties, you understand and agree that third parties operating these services may require you to provide your personal information. The company hereby reminds you it is necessary read the user agreements, privacy policies and other related terms of these third parties carefully, properly protect your personal information, and only provide it to third parties when necessary. This Agreement (as well as other agreements and rules related to the Vantop Gimo software and its related services, including without limitation the Vantop Privacy Policy) shall not apply to services provided by any third party, and the company assumes no legal liability for any consequences that may arise from the use of personal information provided by you from any third party.

Please read the Vantop Privacy Policy for more information about the protection of users' personal information.

 

5. Users' Code of Conduct

5.1 Users' Code of Conduct Requirements

You shall be responsible for the use of this product and the related services. You shall not use the Vantop Gimo software and related services to engage in any of the following activities unless otherwise permitted by law or with the prior written permission of the company:

5.1.1 Use any plug-in, add-on, system, or third-party tool that is not authorized or licensed by the company to interfere with, disrupt, modify, or exert any other influence on the normal operation of the Vantop Gimo software and its related services.

5.1.2 Engage in any act that endangers computer network security by using or targeting the Vantop Gimo software and its related services, including without limitation:

(1) Invade other people's networks, interfere with the normal features of other people's networks, steal network data, and other activities endangering network security;

(2) Provide programs and tools specifically used for network invasion, interference with normal network features and protective measures, theft of network data, and other activities endangering network security;

(3) Provide technical support, advertising promotion, payment and settlement, or any other assistance for someone you know is engaged in activities that endanger network security;

(4) Use unauthorized data or access unauthorized servers/accounts;

(5) Access public computer networks or other people's computer systems to delete, modify, or add stored information without permission;

(6) Attempt to probe, scan, or test the weaknesses of the Vantop Gimo system or network, or any other act that undermines network security without permission;

(7) Attempt to interfere with or disrupt normal operations of the Vantop Gimo system or website, deliberately spread malicious programs or viruses, or any other act that disrupts or interferes with the normal network information services;

(8) Fabricate the names of TCP/IP data packets in whole or in part.

5.1.3 Reverse engineer, disassemble, or compile the Vantop Gimo software, or otherwise to attempt to locate the source code of the software.

5.1.4 Maliciously register Vantop Gimo accounts, including without limitation frequent and batch registration.

5.1.5 Commit any other act that is in violation of applicable law, this Agreement, and related rules of the company or infringes upon the legitimate rights and interests of others.

In any case, the company may make judgment and take action at its own discretion, and is entitled to terminate the services provided to you at any time with prior notice and hold you accountable if the company has reason to believe that any of your actions violate or may violate the above agreements.

5.2 Information Content Standards

5.2.1 Users may log into Vantop Gimo to post content and make comments within their registered account or Vantop Gimo's cooperation platform account after completing real-name authentication pursuant to the applicable rules.

5.2.2 The company is committed to ensuring that commenting is based on civil, reasonable, friendly, and high-quality exchanges. We will continue to improve our information security management capabilities, enhance self-regulation for commenting, fulfill our social responsibilities, comply with the applicable national law, and respect the legitimate rights and interests of citizens as well as social customs while promoting the comment business development.

5.2.3 The content produced, commented, posted, and disseminated by users (including without limitation the unpublished private videos uploaded to the Vantop Gimo platform and videos with a 72-hour post-release display period) shall comply with the seven fundamental principles of Chinese regulation, including the applicable law, socialist system, national interests, legally protected rights and interests of citizens, social order, morality, and information authenticity; otherwise, the company shall immediately take applicable measures. Users shall not publish information that:

(1) Contravenes basic principles laid out by the Constitution;

(2) Endangers national security or breaches state secrets;

(3) Subverts state power, overthrows the socialist system, incites separatists, or undermines national unity;

(4) Damages national honor and interests;

(5) Promotes terrorism and extremism;

(6) Promotes ethnic hatred, or ethnic discrimination, or destroys ethnic unity;

(7) Incites regional discrimination or hatred;

(8) Undermines the national religion policy or promotes cults and superstition;

(9) Makes up or spreads rumors or false information, disturbs social order, or undermines social stability;

(10) Spreads or disseminates obscenity, pornography, gambling, violence, murder, or terror, or instigates criminal activity;

(11) Endangers network security, or uses the network to endanger national security, honor and interests;

(12) Insults or slanders others, or infringes upon the legitimate rights and interests of others;

(13) Intimidates or threatens others with violence or conducts a cyber manhunt;

(14) Relates to others' privacy, personal information, or data;

(15) Spreads indecent language or damages social customs;

(16) Infringes upon the legally protected interests of others, including without limitation, rights of privacy, reputation, likeness, and intellectual property;

(17) Disseminates commercial advertisements or similar commercial solicited information, over-marketing information, and spam;

(18) Comments in languages other than those commonly used on this website;

(19) Is not related to the information being commented on;

(20) Publishes meaningless content or deliberately uses character combinations to avoid technical review;

(21) Infringes upon the legal rights and interests of minors or harms the physical and mental health of minors;

(22) Records photos or videos of others without their permission, thus infringing upon their legitimate rights;

(23) Contains content which is horrific, violent, bloody, or highly dangerous that may endanger the physical and mental health of the performers or others, including without limitation:

1) Any content featuring violence and/or self-mutilation;

2) Any content that endangers life or health or that endangers one's own or others' personal and/or property rights by performing with dangerous instruments, including without limitation, knives;

3) Any content that incites or induces others to participate in dangerous or illegal activities that may cause personal injury or death.

(24) Other information that violates applicable law, policies, and social morality, interferes with the normal operation of Vantop Gimo, or infringes upon the legitimate rights and interests of other users or third parties.

 

6. Vantop Gimo Data Use Rules

6.1 Users shall not engage in, authorize, allow, or assist any third party in engaging in the following acts regarding the information and content in the Vantop Gimo software and its related services set out in this Agreement without the company's written permission:

(1) Reproduce, read, and apply the information and content in the Vantop Gimo software and its related services for commercial purposes, including without limitation propagation, increasing readership and views;

(2) Edit, organize, and arrange information and content in the Vantop Gimo software and its related services without authorization, and subsequently display it in channels other than the source pages of the Vantop Gimo software and its related services;

(3) Use any form of identification method, including without limitation, special identifiers or codes to exert or assist a third party to exert negative influence on the information or content of the Vantop Gimo software and its related services, such as directing, transferring, or hijacking their traffic and views;

(4) Other acts of illegally obtaining information and content of the Vantop Gimo software and its related services.

6.2 Users' sharing and reposting of any information and content from the Vantop Gimo software and its related services shall be authorized by the company in writing, and comply with the following rules:

(1) Hot search words, hit rate, classifications, search volumes, click rate, views, and other similar data captured, used in statistics, and obtained cannot be displayed, provided, or disclosed to any third party by any means without prior written consent from the company;

(2) Making any form of change to the source pages of the Vantop Gimo software and its related services, including without limitation the link to the home page of the Vantop Gimo software and its related services, or to hindering the displaying of the source pages of the Vantop Gimo software and its related services by any means, such as covering, inserting content, or setting pop-up windows is not allowed;

(3) Secure, effective, and strict measures must be taken to prevent any information or content in the Vantop Gimo software and its related services from being obtained by a third party in any illegal way, including without limitation, a spider program;

(4) Using the related data for purposes not permitted by the company in writing, using it for any form of sales or commercial purposes, disclosing or providing it to a third party, or allowing a third party to use it in any form is not allowed;

(5) Users must comply with other rules and standards issued by the company, such as the community self-regulation conventions and related agreements for other features of Vantop Gimo when sharing to a third party, reposting, or reproducing any information or content in the Vantop Gimo software and its related services.

 

7. Breach of Contract

7.1 The company is entitled to make judgments at its sole discretion and take measures based on the situation if you violate this Agreement or other terms of service, including without limitation, giving a warning, refusing to post, immediately stopping the transmission of information, removing follow-up posts, audio, video, and other content, blocking you from making statements in a short term, restricting some or all features of your account until your account is permanently closed. The company is entitled to announce the processing results and elect whether to allow your account usage to resume based on the actual situation. Related records will be kept for suspected crimes and violations of applicable law, and we will cooperate with any jurisdictional government agency's request for information pursuant to applicable law. The company is entitled to not return the removed content.

7.2 You shall assume full legal liability for any complaint, lawsuit, or claim from a third party arising from your violation of this Agreement or other terms of service. You shall indemnify the company and its affiliates, subsidiary companies, and successor companies in full against all losses suffered if the company and its affiliates, subsidiary companies, and successor companies indemnify any third party or suffer penalties from any government agency due to your violations or event of default.

7.3 The company respects and protects the legitimate rights and interests of legal persons, citizens, and other organizations, such as intellectual property rights, reputation rights, name rights, privacy rights, etc. You warrant that the text, video, audio, and links uploaded when using the Vantop Gimo software and its related services will not infringe upon any third party's intellectual property rights, reputation rights, name rights, privacy rights, and other legitimate rights and interests. The company is otherwise entitled to remove the allegedly infringing content upon receipt of the notice from the right holder or related parties. You shall assume full legal liability for all claims made by a third party. You shall indemnify the company and its affiliates, subsidiary companies, and successor companies in full against losses suffered if the company and its affiliates, subsidiary companies, and successor companies suffer losses (including without limitation economic and goodwill losses) due to your infringement.

 

8. Service Change, Interruption, and Termination

8.1 You understand and agree that the Vantop Gimo software and its related services are provided by the company based on the current state of technology and existing conditions. The company will do its best to provide you with services and ensure the continuity and security of services. You understand that the company cannot anticipate and prevent legal, technical, or other risks at any time, including without limitation force majeure, viruses, Trojans, hacker attacks, system instability, third-party service flaws, influence from other security issues, or other factors that may lead to service interruption, data losses, or other losses or risks.

8.2 You understand and agree that, after the announcement notice, the Company is entitled to modify, suspend, discontinue, or terminate the "Vantop Gimo" software and related services in order to meet the needs of the comprehensive operation of the service, without being liable to the user or assuming any indemnification liability.

 

9. Advertisements

9.1 When using the "Vantop Gimo" software and its related services, you fully understand and agree that this service may include information, advertisement release or brand promotion services launched by the Company for individuals or businesses; you agree that the company is entitled to display commercial advertisements, promotional content or information (including commercial or non-commercial information) of "Vantop Gimo" software and its related services and/or Third-Party suppliers and partners.

9.2 If you disapprove of the advertising, you are entitled to close the advertisement; where the notification service is pushed by "Vantop Gimo", you are free to shut down such a service or stop using "Vantop Gimo" software and its related services.

9.3 The Company fulfills its advertising and promotional obligations under the contract and applicable law, but you should independently judge the authenticity and reliability of the advertising or promotional information and be responsible for your own judgment. The Company is not liable for the loss or damage that you suffer as a result of any purchase or transaction based on such advertisement or promotional information or such content, except as expressly provided by law. You yourself shall assume liability for it.

 

10. Intellectual Property Rights

10.1 The intellectual property rights of to everything (including without limitation software, technology, programs, web pages, text, pictures, images, audio, video, charts, page layout, and electronic documents) provided by the Company in the "Vantop Gimo" software and its related services belong to the Company. The software copyright, patent rights and all other intellectual property rights on which the Company's services are based are owned by the Company. Nobody is entitled to (including without limitation monitori, copy, disseminate, display, mirror, upload, and download the contents of "Vantop Gimo" software and its related services through any robot, spider, and other programs or devices) without the Company's permission.

10.2 You understand and agree that the Company is entitled to sublicense and permit only the "Vantop Gimo" users to use and disseminate any others' works (including without limitation words, pictures, images, audio, video, hereinafter referred to as "Authorized Works") that the Company has fully licensed or videos of Authorized Works that have been edited based on the Authorized Works in the "Vantop Gimo" software. You agree and guarantee that the above Authorized Works may only be used and disseminated in "Vantop Gimo" app. You are not entitled to do the following: use the Authorized Works beyond the above limits of authorization, make any substantial modifications to the Authorized Works, such as adaptation, re-creation, compose lyrics and so on, and distribute them as your own works, intentionally change or fake the Authorized Works without the prior written consent of the Company. You shall otherwise assume all legal liability for any infringement warnings, lawsuits or arbitration (hereinafter referred to as "product intellectual property disputes") arising from your use of the Authorized Works beyond the aforesaid limits of the authorization results in torts of the intellectual property rights of any Third Party. You shall also indemnify the Company and its affiliates, controlling companies and successor companies in full against all the losses thus suffered, including without limitation, the Company's investigation and evidence collection fees, compensation, travel expenses, legal fees in such intellectual property disputes where your behavior or breach of contract causes the Company and its affiliates, controlling companies and successor companies to indemnify any Third Party.

10.3 You understand and agree that, when using the "Vantop Gimo" software and related services, the uploaded/posted text, pictures, videos, audio have been created by yourself or have been legally authorized (including sublicensed). The intellectual property rights of any content uploaded/posted or published by you through "Vantop Gimo" belongs to you or the original copyright owner.

10.4 You understand and agree to grant the Company and its affiliates, controlling companies and successor companies a worldwide, free, non-exclusive, irrevocable, non-exclusive use, and re-licensable (through multiple levels) right (including without limitation reproduction right, translation right, assembly right, information network transmission right, adoption right, derivative product making) for the content (including without limitation text, pictures, videos, audio, music works, sounds, dialogue included in video and/or audio) that you post and upload through "Vantop Gimo", and the limit of use includes without limitation the current or other websites, applications, products or terminal devices. You hereby affirm and agree that the granting of the above rights includes the right and permission to use and otherwise develop the content (in whole or in part) in any promotion, advertisement, marketing and/or publicity relating to the content, "Vantop Gimo", the Company and/or the Company's brand. You agree that, to avoid any doubts, the granting of the above rights includes the right and permission to use, copy and display personal images, portraits, personal names, trademarks, service marks, brands, names, logos and company logos (if any) and any other brand, marketing or promotional assets that you own or are permitted to use and embed in the content.

10.4 You affirm and agree to authorize the Company to act in its own name or engage a professional Third Party to protect against content that infringes the intellectual property rights uploaded and published by you. The rights protection forms include without limitation: monitoring torts, sending the rights protection letter, filing a lawsuit or arbitration, mediation, reconciliation. The Company is entitled to decide on rights protection matters and independently implement them.

10.5 The Company provides technical support for the development and operation of "Vantop Gimo" and is fully entitled to all data and information generated during the development and operation of "Vantop Gimo" software and its related services.

10.6 In no instance are you permitted to use the Company's trademarks, service marks, trade names, domain names, website names or other prominent brand features (hereinafter collectively referred to as "logos"), including without limitation "Vantop Gimo" and "www.Vantop Gimo.cn". You are not entitled to display, use or apply for trademark or domain name registration for the above logos in any way, alone or in combination, nor to act expressly or implicitly showing others that you are entitled to display, use, or otherwise be entitled to handle these logos without prior written consent of the Company. You shall assume all legal liability where losses to the Company or others are caused by your use of the Company's above trademark and logo in violation of this Agreement.

 

11. Disclaimers

11.1 You understand and agree that the "Vantop Gimo" software and its related services may be affected or disrupted with by various factors. The Company does not guarantee (including without limitation):

11.1.1 The Company completely meets users' requirements for using the software and the related services;

11.1.2 The company is free from disruption, safe, reliable or error-free, reacts timely; Any software, services or other materials obtained by the user through the Company meet the user's expectations;

11.1.3 Any errors in the software will be corrected.

11.2 Users should be cautious and make their independent judgment with information such as network information, account password, advertisement or promotion of suspected loans or other property-related information. The Company will not assume any direct, indirect, incidental, special, derivative or punitive liability for the profits, business reputation, data loss or other tangible or intangible losses suffered by you due to the above reasons.

11.3 The user understands and agrees that in the process of using the "Vantop Gimo" software and its related services, force majeure and other factors may be encountered (force majeure refers to unforeseeable, insurmountable and unavoidable objective events, including without limitation government actions, natural disasters such as floods, earthquakes, fires, storms, plagues and other natural events, network reasons, hacker attacks, wars or any other similar events). The Company will do its utmost to restore the function of the "Vantop Gimo" software and its related software in case of force majeure in time, but the user agrees that the Company will not be held liable for the losses suffered by the user due to force majeure.

11.4 The Company is entitled to process illegal content under this Agreement, but such rights do not constitute the Company's obligation or commitment, and the Company cannot guarantee the timely detection of violations or its corresponding handling of such violations.

11.5 The user clearly understands and agrees that: the Company does not provide any kind of express or implied warranty or condition, including without limitation commercial merchantability and suitability for specific use for this agreed service. You must assume corresponding risks for use of the agreed software and the related services.

11.6 The user clearly understands and agrees that this Agreement is based on the premise of ensuring compliance with Chinese law, maintaining public order and morality, and protecting the legally protected interests of others. The Company does its utmost to judge pursuant to applicable laws within its capabilities, but it does not guarantee that the Company's judgment is completely consistent with the judgment of law enforcement and administrative agencies. The user understands and agrees to assume the consequences arising therefrom.

 

12. Special Agreement on Individual Service

12.1 The "Vantop Gimo" software and its related services include information or information content links obtained by the Company in various legal means, as well as other individual services legally operated by the Company and its affiliates. These services may appear as separate sections in the "Vantop Gimo" software. The Company is entitled to occasionally add, reduce or change the settings and services of these special sections.

12.2 You may enable and use the above individual features in the "Vantop Gimo" software. Some individual services may also require you to accept special agreements made for such services or other rules binding between you and the service provider. The Company will provide these agreements and rules for your reference in an appealing way. You will be bound at the same time by applicable agreements and rules concerning individual services when you begin using the above services.

12.3 You shall abide by the Third Party's agreements and applicable rules in addition to the Agreement and other applicable rules in the "Vantop Gimo" software when using services provided by a Third Party within the "Vantop Gimo" software and its related services. Any dispute, loss or damage arising from the use of the Third-Party software and related services shall be settled by and between you and the Third Party. 

 

13. Terms of Use for Minors

13.1 You should read and agree to this Agreement with the supervision and guidance of a parent or other guardian before using the "Vantop Gimo" software and its related services if you are a minor under the age of 18

13.2 The Company attaches great importance to the protection of minors' personal information. Minors should strengthen their awareness of self-protection, treat any information with caution, and use the "Vantop Gimo" software and related services correctly with the guidance of their guardian when filling in personal information.

13.3 Minors understand that if they violate laws and this Agreement, they and their guardian shall assume all consequences arising therefrom under the law.

13.4 Special Tips for Minors

13.4.1 Minors should use the "Vantop Gimo" software and related services under the supervision and guidance of their guardian, learn to correctly use the Internet within reasonable limits, avoid getting lost in cyberspace and develop good online behavior.

13.4.2 Minors must abide by the "National Internet Civility Practices for Teenagers":

(1) Be good with online learning, and do not browse indecent information;

(2) Be honest and friendly in communication with others, and do not insult or be deceitful with others;

(3) Strengthen your awareness of self-protection, and do not carelessly meet with net-friends;

(4) Uphold good cyber security, and do not disrupt online order;

(5) Maintain good physical and mental health, avoid getting lost in cyberspace.

13.4.3 The Company reminds users to be cautious when publishing content pertaining to minors to better protect minors' privacy, legally protected interests. It shall be deemed that the user agrees that "Vantop Gimo" displays minors' information, images, and voice, and allows "Vantop Gimo" to use and process such content relating to minors under this Agreement once such content is published.

 

14. Others

14.1 The development, entry into effect, performance, interpretation, and dispute settlement of this Agreement shall be governed by the laws of the Mainland of the People’s Republic of China (for purpose of this Agreement only, excluding laws of the Hong Kong Special Administrative Region of the People's Republic of China, Macao Special Administrative Region of the People's Republic of China and Taiwan region). Should any term of this Agreement be inconsistent with the laws of the Mainland of the People's Republic of China, such terms will be re-interpreted as close as possible to the original provisions of this Agreement, and other provisions of this Agreement shall still have full validity and effect.

14.2 In case of any dispute over this Agreement or its performance, both Parties shall do their utmost to settle it through amicable negotiation. If such a negotiation fails, both Parties to the dispute agree to submit the dispute to the Nanshan District Court of Shenzhen.

14.3 The Company is entitled to amend this Agreement based on the requirements of changes in state policies, technical conditions, and product functions. The Company will re-publish the Agreement with the amendments. The Company will remind you of the updated content in an appropriate way (official website (www.vantop.com), and system notification.) once the above content is officially released so that you may be informed of the latest version of this Agreement. The amendments will constitute an integral part of this Agreement, and you shall also abide by it. If you have any objection to the amended agreement, please refrain from logging in and using the Vantop Gimo software and its related services. Your logging in or continued use of the Vantop Gimo software and related services will be deemed as acceptance of the amended agreement.

14.4 The headings added to this Agreement are only for the convenience of the reader and do not affect the meaning or interpretation of this Agreement.

14.5 You and the Company are independent persons. Under no circumstances does this Agreement constitute any express or implied guarantee or condition of the Company to the users, nor does it constitute an agency, partnership, joint venture or employment relationship between you and the company.

14.6 The Company owns the copyright to this Agreement, and the Company retains the final right of amendment and interpretation.

 

 

 

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