RedFlag2000 Software CO.,LTD(hereinafter abbreviated as "RedFlag2000") agrees to provide Internet related services (hereinafter collectively called "Internet Services") in accordance with the provisions of this Agreement and operation rules and regulations to be announced by Redflag from time to time. For having Internet Services, user of such services (hereinafter called "User") shall agree all provisions of this Agreement and complete all registration procedures as per the guidelines set out on the web page. In the registration process, User clicks "Agree" icon indicating that User agrees all provisions of this Agreement.
1.1Upon success in registration by User, RedFlag2000 will provide a user account and a corresponding password to each User. The user account and password are in the custody of User. User shall be responsible for all legal consequences in respect of all activities and events carried out under its user account.
2.1Details of Internet Services will be provided by RedFlag2000 in accordance with the actual situation e.g. search, questions and answers, forum, publication of comments etc.
2.2Some of the Internet Services provided by RedFlag2000 are pay services. User uses pay Internet Services must pay a certain fee to RedFlag2000. In respect of the pay services, RedFlag2000 will provide clear indications to User before subscribing. User can use the pay services provided User acts in accordance with the guidelines confirming its agreement to pay the related fees. In the event that User denies to pay the relevant fees, RedFlag2000 shall have right not to provide such pay services to User.
2.3User understands that RedFlag2000 only provides the relevant Internet Services, other than such services, User shall be personally responsible for all equipment (e.g. personal computer, cell phone, and other relevant apparatus for connecting Internet or mobile network) relating to the Internet Services and required fees and charges.
3.1Due to the special nature of Internet Services, User agrees that RedFlag2000 shall have right to change, suspend or terminate part of or the whole of Internet Services (including pay Internet Services). In the event of change, suspension or termination of Internet Services are free Internet Services, RedFlag2000 is not required to notify User, and not responsible for any User or third party’s liabilities. In the event of change, suspension or termination of Internet Services are pay Internet Services, RedFlag2000 shall notify User prior to such change, suspension or termination, and shall provide the affected User with replaceable Internet Services in equivalent value. If User is not willing to accept such replaceable Internet Services, RedFlag2000 shall refund the remaining service fee to the User after deduction of the corresponding service fee in consideration of the actual usage of pay Internet Services by User.
3.2User understands that RedFlag2000 needs to carry out routine or ad hoc inspection or maintenance for platform providing Internet Services (e.g. Internet website, mobile network etc.) or for the related equipment. If any suspension of pay Internet Services lasts within a reasonable period of time resulting from the aforesaid incident, RedFlag2000 will not be responsible for any liabilities, but RedFlag2000 should use its endeavours to give prior notice.
3.3Upon the occurrence of any one of the following incidents, RedFlag2000 shall have right to suspend or terminate the provision of Internet Services (including pay Internet Services) to User under this Agreement, and RedFlag2000 shall not be liable to User or any other third party’s liabilities:
3.3.1 Untrue or inaccurate personal information provided by User;
3.3.2 User breaches the usage rules specified in this Agreement;
3.3.3 User uses pay Internet Services, but it fails to pay the corresponding service fees to RedFlag2000 on time.
4.1When User applies for using Internet Services, it must provide its personal information precisely to RedFlag2000. Any changes in personal information, it must be updated on time.
4.2User should not transfer or lease its user account and password to other people. In the event that User discovers the user account is illegally used by other people, it should notify RedFlag2000 immediately. RedFlag2000 will not be responsible for any liabilities resulting from any illegal usage of user account or password by other people due to hacker acts or User’s negligence in safekeeping.
4.3User must agree to accept that RedFlag2000 will disseminate merchandise promotion or other related commercial information to User by means of emails or other means.
4.4User shall have the copyright and other legal rights in the contents which are created by User, and are transmitted to RedFlag2000’s website by means of Internet Services (including but not limited to blog, forum, comment, releasing of source requirement). With respect to any contents transmitted by User to the public zone on RedFlag2000’s website by means of Internet Services, User agrees that RedFlag2000 shall have world-wide, royalty-free, perpetual, irrevocable right and licence to use, duplicate, amend, translate, self-created product derived therefrom, publicize, perform and exhibit such contents (the whole or part of).
4.5 User shall comply with the following principles when it is using Internet Services:
4.5.1 Comply with the relevant laws and regulations in China;
4.5.2 Comply with all internet agreements, rules and procedures relating to Internet Servcies;
4.5.3 Not using Internet Services system for any illegal purposes;
4.5.4 Not infringing RedFlag2000’s commercial interest by using Internet Services in whatsoever form, including but not limited to publication of commercial advertisements without having RedFlag2000’s approval.
4.5.5 Not using Internet Services system to carry out any action which might be detrimental to normal operations of Internet or mobile network;
4.5.6 Not using Internet Services to upload, exhibit or transmit any incorrect, harassing, malicious, defamatory, threatening, obscene or any other illegal information;
4.5.7 Not infringing any other third party intellectual proprietary rights, franchise rights, copyrights, trademarks, goodwill or any other legal rights;
4.5.8 Not using Internet Services system to carry out any action which is detrimental to RedFlag2000;
4.5.9 In the event of security loophole of which any illegal usage of user account or password is discovered, notify RedFlag2000 immediately.
4.6If User violates any of the aforesaid rules in using Internet Services, RedFlag2000 or its authorized person shall have right to request User to rectify its violation or to take all necessary actions directly (including but not limited to amend or delete contents posted by User etc., temporarily suspend or terminate the right of User to use Internet Services) for mitigate the effect caused by User’s improper action.
4.7Contents of any declaration, notice, warning issued by RedFlag2000 by various means (including but not limited to public notification on website, email, short message etc.) aiming at specific Internet Services shall be regarded as part of this Agreement. In the event that User uses such specific Internet Services, it shall be deemed to agree the contents of such declaration, notice, warning.
5.1Internet Services provided by RedFlag2000 including any text, picture, graphic, audio and/or video information are legally protected by copyright, trademark and/or other proprietary rights. Without having the consent of relevant owner of such rights, the aforesaid information shall not directly or indirectly disseminate, broadcast, re-write or re-publish for the purpose of broadcast or dissemination, or shall not be used for any other commercial purposes. All such information or any part thereof may only be used by personal or non-commercial use, and it should be stored in a computer. RedFlag2000 shall not be responsible for User or any other third party’s liabilities with respect to any delay, incorrect, mistake or omission or any damages arising therefrom resulting from the production or transmission or submission of the whole or part of the aforesaid information.
5.2The right of any software (including but not limited to any graphic, photo, animation, video, audio, music, text and supplemental procedures and annexed auxiliary information) used by RedFlag2000 for providing Internet Services shall belong to the creator of such software. Without having the creator’s consent, such software shall not be reverse engineered, de-compiled or disassembled by User.
6.1Protecting User’s privacy is the basic policy of RedFlag2000. RedFlag2000 guarantees that it will not disclose to the public or provide third party with User’s registration information and non-public contents stored in RedFlag2000 while it is using Internet Services, save and except the following conditions:
6.1.1 Prior approval from User;
6.1.2 In accordance with the requirements by laws and regulations;
6.1.3 In accordance with the requests by the relevant governing bodies;
6.1.4 For public interest protection;
6.1.5 For protection of RedFlag2000’s legal interest.
6.2RedFlag2000 might cooperate with third party for provision of Internet Services for User. Under this circumstance, in the event that the third party agrees to bear the privacy protection responsibility in the same extent as RedFlag2000, RedFlag2000 shall have right to provide User’s registration information etc. to that third party.
6.3 On the condition of non-disclosure of individual User’s privacy information, RedFlag2000 shall have right to analyze the entire database of User, and to use the database for commercial purpose.
7.1User expressly agrees that there are risks associated with the use of Internet Services, and such risks will be fully borne by itself. All consequences of using Internet Services will be borne by itself, RedFlag2000 is not responsible for any liabilities.
7.2RedFlag2000 does not guarantee that it will satisfy User’s requests, and that Internet Services will not be suspended. The timeliness, safety, accuracy of Internet Services are also not guaranteed.
7.3RedFlag2000 does not guarantee the accuracy and intactness of external linkage for providing User convenience. With respect to those external linkages linking any website which is not controlled by RedFlag2000, RedFlag2000 is not responsible for any liabilities in respect of the contents on such website.
7.4RedFlag2000 is not responsible for any liabilities resulting from suspension or malfunction of Internet Services due to force majeure or any other reason that is not controlled by RedFlag2000, but RedFlag2000 will use its endeavours to mitigate User’s loss and effect caused by such.
7.5User agrees that RedFlag2000 is not responsible for the quality problem and any damages derived therefrom in respect of the following products or services provided for User by RedFlag2000:
7.5.1 Every kind of free Internet Services provided for User by RedFlag2000;
7.5.2 Complimentary product or service given to User by RedFlag2000;
7.5.3 Every kind of supplementary free product or service given to User of pay Internet Services by RedFlag2000;
8.1In the event that RedFlag2000 violates the relevant laws, regulations or any provisions of this Agreement which causes User damage, RedFlag2000 agrees to be responsible for the damages therefrom.
8.2User agrees to protect and maintain the interest of both RedFlag2000 and other users. If User violates the relevant laws, regulations or any provisions of this Agreement which causes RedFlag2000 or any other third party damage, User agrees to be responsible for the damages therefrom.
9.1RedFlag2000 shall have right to amend any provision of this Agreement at any time. Once the contents of this Agreement is changed, RedFlag2000 shall use an appropriate means notifying User details of the amendment.
9.2In the event that User does not agree RedFlag2000 to amend the provision of this Agreement, User shall have right to terminate Internet Services. In the event that User continues to use Internet Services, it will be regarded as User’s acceptance to the amendment of the provision of this Agreement made by RedFlag2000.
10.1All notifications under this Agreement from RedFlag2000 to User can be made by means of website public notice, email, cell phone short message or normal mail delivery. Such notification shall be deemed to be received by the receiver on the day on which the notification is sent.
10.2User shall use RedFlag2000’s publicly announced official correspondence address, facsimile number, email address etc. for communications.
11.1This Agreement is made, governed and construed, and dispute to be resolved shall be subject to the laws of China, and to the jurisdiction of the courts in China.
11.2In the event that both parties are in dispute over the contents of this Agreement or execution of this Agreement, both parties shall use endeavours to resolve it through friendly compromise. In the event that compromise cannot be reached, either party shall have right to take legal proceedings in the place where RedFlag2000 is registered.
12.1This Agreement constitutes the entire agreement to the subject matter and other related affairs between the parties hereof. Parties hereof shall not have any rights other than those specified in this Agreement.
12.2In the event that any provision of this Agreement either wholly or partly becomes invalid or unenforceable despite whatsoever reason, the remaining provisions will continue to be valid and enforceable.
12.3The headings of this Agreement are for convenience of reference only, and should be ignored in interpretation of this Agreement.
