Glodon Account Agreement
Last Update: Jan 14, 2020
Glodon Company Limited and/or its affiliates and subsidiaries (collectively, “Glodon”, “us”, “we”) are pleased to provide to you Glodon account and other sites, software, applications, content, products and services (“Glodon Services”).WHEN YOU USE GLODON SERVICES, YOU ARE ENTERING INTO A LEGAL AGREEMENT AND YOU AGREE TO ALL OF THESE TERMS. So please take a few minutes to read over the Glodon Account Agreement (the “Agreement”) below.
Please notice that Glodon has the right to update this Agreement from time to time, once the revised version is released, it will replace the original one with a notice. You may check the latest version of the Agreement on home page and your consent shall be obtained if there are material changes in the Agreement. If you do not agree with the revised terms and conditions of this Agreement, do NOT click “Sign up now” (or similar) and do not access or use any of Glodon Services. Otherwise, you are deemed as accepting the changes.
1. Registration and Account
1.1 Some Glodon Services permit or require you to create an account. When you complete the registration, you are entitled to use Glodon account. You warrant that the corporate information/personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity. Note that your personal account is assigned to the legal entity you represent. You agree that the operation of the enterprise account is regarded as the enterprise's behavior, and the enterprise shall be responsible for account management by their employees.
1.2 You shall be fully responsible for the authenticity, legitimacy and effectiveness of your registered information; you shall not pretend to be others or post any information in other’s name; you shall not use the registered account maliciously that may lead to misidentification; otherwise, Glodon will have the right to terminate services for you and you shall bear all the legal responsibilities arising therefrom on your own.
1.3 The way you use Glodon products and services shall be lawful and consistent with the Agreement. You shall be responsible for all activities under your registered account, including any contents you post and any results arising therefrom. You shall decide on the contents therein on your own and be responsible for all the risks arising from your use of or reliance on the correctness, completeness or practicability of such contents. Glodon cannot and shall not be responsible for any losses or damages occurring due to your behaviors.
1.4 You shall keep your login information secret, prevent it from being obtained or used by others and be responsible for all activities under your account at the website. You shall let us know immediately of any behavior against laws, unauthorized use or suspected unauthorized use, and Glodon shall not be liable for any losses due to your failure to observe the requirements aforesaid.
1.5 You shall not disclose, transfer, sell or lend your account and password to others. If you authorize others to use your account, you shall take full responsibility for all the activities of the authorized person under your account.
2.1 The specific contents of Glodon Services will be provided by Glodon according to actual situations.
2.2 Glodon Services may be updated from time to time according to users’ needs, please refer to the service items on our pages.
2.3 For the purpose of using the Glodon Services, you shall access the Internet on your own through a third party with legal qualifications to provide the internet access service for you, and you shall bear related service charges on your own. In addition, you shall be responsible for all the necessary devices needed for the connection with the Internet, including computers, modems and other appliances.
2.4 In view of the particularity of network services, it is acknowledged that Glodon has the right to alternate, suspend, or terminate part of or all of the network services (including charging network services) any time with prior notice. In case of emergency, Glodon may not be able to notify you in advance. Even though Glodon makes efforts on fulfilling its obligations as a network operator, Glodon cannot guarantee non-interruption of network services or guarantee the timeliness, security and accuracy of the network services.
2.5 Glodon may need to carry out overhauling or maintenance regularly or irregularly for the platforms or the relevant facilities that provide network services. Glodon will notice you within the reasonable time and will not bear any liability for any interruption of network services (including charging network services) within the sphere permitted by law due to the cases aforesaid.
2.6. Glodon shall not be liable for business losses, delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligation.
2.7 THE GLODON SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THE AGREEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
3. Third-party Products and Services
3.1 The Glodon Service may contain the products and services provided by a third party. When you use the products and services provided by a third party, there will possibly be other relevant agreements or privacy policies, which you should read and observe carefully as well.
3.2 You shall understand and agree that for the purpose of offering you better user experience, the third party may contact and use your nickname, your head portrait or relevant operating information in the third-party services, when you use the third-party services.
3.3 Glodon Services or the third-party may provide links to other websites or resources on the Internet. As these websites and resources are out of Glodon’s control, you shall understand and agree that Glodon will not be responsible for the availability of the websites or resources, and that Glodon will not guarantee or take responsibility for any content including but not limited to advertisement, product or other material in or from these websites or resources. Glodon shall not be liable for any loss or damage arising from the use of or reliance on any content, advertisement, commodity or service published or gained from these websites or resources.
3.4 In case of any disputes arising from your use of the products and services of the third party, please contact with the third party directly. Glodon will not bear any liability but will provide necessary assistance as needed according to law.
4. Limitation of Rights
4.1 You shall not license, sell, lease, publish or transfer in any way, Glodon Services (including but not limited to the advertisement or sponsorship in the contents or products) in any form or for any other commercial use without prior written consent from Glodon.
4.2 You shall not access or use Glodon Services for a purpose of developing the same or competitive services.
4.3 Unless otherwise expressly prescribed by law, you shall not copy, distribute, reprint, download, display, post, modify, translate, combine, use, disassemble or decompile any part of Glodon Services (including but not limited to the advertisement or sponsorship in the contents or products) in any form or any way.
4.4 When you use Glodon Services, you shall comply with the provisions of relevant laws and regulations of the People's Republic of China, and agree not to use Glodon Service for any illegal or improper activities, including but not limited to the following behaviors:
• Opposing the basic principles of the Constitution of the People's Republic of China;
• Endangering national security, divulging state secrets, subverting state power, or undermining national unity;
• Damaging national honor and interests;
• Inciting ethnic hatred and discrimination, and undermining national unity;
• Undermining national religious policy, and promoting cults and feudal superstition;
• Spreading rumors, disturbing social orders or disrupting social stability;
• Spreading obscenity, pornography, gambling, violence, homicide and terror, or instigating crimes;
• Insulting or slandering others, or infringing the legal rights of others;
• Containing any content that is false, harmful, threatening, infringing on other’s privacy, harassing, abusive, defamatory, vulgar, obscene, or morally objectionable;
• Containing other contents that are restricted or prohibited by Chinese laws, regulations, rules, ordinances, and any other norms with legal force.
4.5 You shall agree not to use Glodon Services to conduct following activities:
• Uploading or posting computer viruses, worms, malicious codes, vandalizing or changing computer systems or data software;
• Collecting the information or data of other users, such as e-mail address, without authorization;
• Disabling network connections of this website, and thus causing excessive burden of this website or otherwise interfering with or damaging the website server and network links;
• Attempting to access the website, server, or network link of this website without authorization;
• Disturbing or disrupting other users to normally use Glodon Services.
4.6 You shall agree to compensate Glodon and its partner companies for any indemnity, demand or loss (including reasonable attorney fee) claimed by any third party and prevent them from being damaged, due to your breach of the Agreement or the relevant terms of the Glodon Services. Therewith, Glodon has the right to take relevant measures, including but not limited to, deleting the information posted by the user, suspending use license, terminating service, restricting use, revoking Glodon account, investigating and affixing legal liability upon your behavior. Glodon has the right to revoke the account of the user who maliciously registers Glodon account or uses Glodon account to conduct illegal activities, disturb, harass and cheat other users, or has other behaviors against the Agreement. Meanwhile, Glodon will assist in investigation according to the requirements of the judicial department.
4.7 You shall assume legal responsibility for your behavior in use of Glodon Services. You shall bear legal liabilities in such forms as compensation for sufferers, as well as equal compensation for Glodon that took the administrative penalties and tort liability caused by your behavior.
5. Disclaimer and Limitation of Liability
On account of openness and particularity of the Internet, Glodon specially reminds you of the following risks:
5.1 The Glodon Services include but are not limited to text, images, data, points of views, suggestions, web pages, and links. Although Glodon has attempted to provide accurate information, it assumes no obligation or responsibility whatsoever regarding the accuracy and completeness of the information. You shall make an independent judgment on the information generated from the use of the Glodon Services by other users or take all the risks (including but not limited to risks arising from reliance on the correctness, completeness, or practicability of the content) arising from reliance on such content, and the risks arising from the knowledge of your personal information by other users. You shall understand and acknowledge that Glodon will not be responsible for the disputes occurring among users of the Glodon Services.
5.2 Please do not disclose any important information related to property, account and password; otherwise you shall bear the liability for any losses incurred.
5.3 If you or other users are punished by Glodon according to the Agreement due to breach of related rules, your data in the Glodon Services, including content and information, may be affected.
5.4 We will not be liable for any indirect or consequential damage or loss of profits including but not limited to losses due to interruptions in your business or sales or destruction or alteration of data. We shall not be liable for any damage to the operating environment or other equipment resulting from the use of the Glodon Services. Our aggregate liability for any direct and proven damage to you resulting from the use of Glodon Services is limited to a maximum of the amount of annual payment made by you or 1 RMB in case if you obtained a Glodon Services on free of charge basis.
6.1 GLODON MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. GLODON DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
7. Force Majeure
7.1 You understand and agree that the Glodon Services may be suspended due to such risk factors as force majeure during use of the Glodon Services. Force majeure refers to the unforeseeable, unavoidable objective events, including but not limited to natural disasters, such as floods, earthquakes, pestilence and storms, as well as social events, such as war, riots, and government actions and so on, which have major effects on one party or both parties. In case of situations aforementioned, Glodon will cooperate with relevant units immediately for timely fixing, but will disclaim responsibility for your losses incurred within the sphere permitted by law.
7.2 Within the sphere permitted by law, Glodon will not be responsible for the service interruption or disruption caused by the following situations:
• Destruction from computer viruses, Trojan viruses, other malicious programs and hackers which is not related to a breach of our obligation as network operators;
• Malfunction of your or Glodon’s computer software, system, hardware and communication line;
• Your incorrect or inappropriate operations;
• Your use of the Service in a manner not authorized by Glodon;
• Other circumstances
8. Intellectual Property
8.1 The intellectual property of the contents provided in the Glodon Services (including but not limited to web pages, text, images, audio, video, graphics, software etc.) belongs to Glodon. The intellectual property of the contents generated from your use of the Glodon Services belongs to you or related rights-holders. These rights are protected by relevant laws and regulations such as copyright law, trademark law, patent law, anti-unfair competition law, and international treaties, whether they have been registered or not, and no matter in which country or region they are generated. If the country or region accedes to relevant international treaties, these rights are also protected by such international treaties; if these rights are extended, they are protected by relevant laws and regulations of the target country or region of territorial extension.
8.2 Unless otherwise specifically stated, the copyright, the patent right and other intellectual properties of the software based on which Glodon provides the Glodon Services shall belong to Glodon. Without the prior written consent of Glodon and / or the corresponding right holder, you cannot implement, utilize, transfer or license any third parties to implement, utilize or transfer the above intellectual property rights, and you cannot modify, rent, lend, sell, distribute, or create related derivative work or otherwise use any or all of the above intellectual property.
8.3 Any exclusive right of the commercial marks, logos, trade names, business names, domain names, publication numbers, and other distinctive signs, such as “广联达” and “glodon” used by Glodon in the Glodon Services shall belong to Glodon.
8.4 The intellectual properties of any content contained in the foregoing or in the Glodon Services are protected by law. You may not: circumvent or disable any content protection system or digital rights management technology used with any Glodon Services; decompile, reverse engineer, disassemble or otherwise reduce any Glodon Services to a human-readable form; remove or hide identification, copyright or other proprietary notices; or access or use any Glodon Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.
8.5 If Glodon Services are configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content or other material for your personal use only, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any Glodon Services in any media format or channel now known or hereafter devised.
8.6 In addition to the provision aforesaid, if you believe someone copies or distributes your work on Glodon User Center, and such act constitutes an infringement on your copyright, you should contact us and provide a written notification containing the following information in a timely manner:
• The ownership certificate that can prove your proprietorship of the allegedly infringed content;
• Definite identity proof, address and contact details;
• Location of the allegedly infringed content on Glodon User Center;
• Description of the allegedly infringed copyrighted work;
• Relevant proof for infringement on your copyright;
• Under the premise that you agree to bear the consequences of perjury punishment, you shall present a written statement declaring the content you provide in the notification is accurate and truthful.
9. Alteration, Interruption and Termination of the Service
9.1 Glodon may alter the content, or interrupt, suspend, terminate the Glodon Service with prior notice.
9.2 In the event of any of the following circumstances, Glodon is entitled to suspend or terminate the service provided to you without notice:
• Your personal information is untrue, or inconsistent with the registered information without any reasonable reasons provided, where you should provide true information in accordance with the law.
• Your violation of the relevant laws, regulations and the Agreement;
• In accordance with the law or the requirements of the competent authorities;
• For safety reasons, or other necessary circumstances;
• Where you fail to pay in full within due time when you use charge items, Glodon has the right to interrupt, suspend or terminate the Glodon Services.
9.3 You are responsible for backing up the data stored in the Glodon Services on your own. If your service is terminated, Glodon may delete your data permanently from the server, unless otherwise provided by related regulations. Upon the termination of the Service, Glodon shall not be obliged to return the data to you.
10. Applicable Law and Jurisdiction
10.1 The Agreement is signed at Haidian District, Beijing, China.
10.2 The establishment, effectiveness, implementation and interpretation of the Agreement as well as settlement of dispute apply to the laws of the Chinese mainland (excluding the conflict law).
10.3 In case of any dispute or controversy between you and Glodon, both parties shall settle it through friendly negotiation in the first place; otherwise, you agree to submit the dispute or controversy to the people's court with jurisdiction over the area where the Agreement is signed.
10.4 If the terms and conditions of the Agreement are partially invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties.
10.5 The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
11.2 No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
11.3 If you have comments or suggestions to this Agreement or Glodon Services, please contact the customer service of Glodon Account.
• Service provider: Glodon Company Limited
• Address: No.13 Zhongguancun Software Park, Haidian District, Beijing, China
• Zip Code: 100085
• Tel: 86-010-56403000
• Fax: 86-010-56616000
• E-mail: firstname.lastname@example.org