1.1 This DAILYCAST HK LIMITED User Agreement (“Agreement”) applies to your use, as the “user” (defined below) of the DAILYCAST HK LIMITED website and all or any of DAILYCAST HK LIMITED’s products (collectively known as the “Website”) and your understanding that the Website, and all of its content, is provided by DAILYCAST HK LIMITED, Inc. (“DAILYCAST HK LIMITED”) the leading search engine service provider whereas your use of the Website is subject to the terms and conditions of this Agreement.
1.2 Your act of completing the registration procedures and clicking on the “Agree” button during the registration process shall be construed and understood to constitute your (the user) acceptance of all of the terms and conditions of this Agreement, and you understand and agree that a legal contractual relationship has been established between you, the user, and DAILYCAST HK LIMITED. Accordingly, each user will be given an account and a password upon successful registration, and it shall be your responsibility to keep your account information and password in safekeeping. You alone shall bear any and all legal responsibility and/or liability that arise from activities and events conducted under the name of your account.
1.3 DAILYCAST HK LIMITED Users can use each individual service provided by DAILYCAST HK LIMITED whereas such use shall be construed and understood as the user’s consent to the service agreement of each individual DAILYCAST HK LIMITED service and all other announcements published by DAILYCAST HK LIMITED, Inc. for each individual service.
1.4 DAILYCAST HK LIMITED may update the DAILYCAST HK LIMITED Member Service Agreement and the service agreements and announcements for each individual service at any time without special notice. Please pay attention to and comply with the relevant applicable provisions when you enjoy certain services.
Please read this Agreement carefully before you enjoy the various services provided by DAILYCAST HK LIMITED. If you do not accept any terms or conditions of this Agreement and/or its amendments, you may cancel the services provided by DAILYCAST HK LIMITED. Once you use DAILYCAST HK LIMITED’s service(s), it shall be construed and understood that you have fully understood, consented to and accepted all terms and conditions of this Agreement and its amendments, when applicable, and you shall become a DAILYCAST HK LIMITED User (also known as “user”).
2.1 The ownership of a DAILYCAST HK LIMITED account (i.e., DAILYCAST HK LIMITED User’s ID) shall be vested in DAILYCAST HK LIMITED. A DAILYCAST HK LIMITED User has the right to use a DAILYCAST HK LIMITED account when the registration procedures are completed. The DAILYCAST HK LIMITED User shall provide his/her “Registration Data” (which includes but is not limited to the all information provided by the DAILYCAST HK LIMITED User during the registration process, the DAILYCAST HK LIMITED User’s name, address, contact information and other identifying information) in a timely, detailed and accurate manner and shall update his/her registration information to make ensure its timeliness, details and accuracy. All information entered by the DAILYCAST HK LIMITED User during the registration process shall be treated as Registration Data and DAILYCAST HK LIMITED shall not be liable for any consequences arising from any false Registration Data provided by the user.
2.2 DAILYCAST HK LIMITED Users shall not transfer or lend their account or password to any third party. In case the DAILYCAST HK LIMITED User finds that his/her account has been illegally used by a third party, he/she should notify DAILYCAST HK LIMITED immediately. DAILYCAST HK LIMITED shall not be liable for any illegal use of a DAILYCAST HK LIMITED User’s account or passwords caused by a third party or by the user’s own negligence.
2.3 DAILYCAST HK LIMITED will not disclose or provide the user’s registration information to any third party unless: a. The user’s prior authorization has been obtained; b. The products or service requested cannot be provided unless the personal information is disclosed; c. Per the requirements of relevant laws and regulations; d. Per the requirements of relevant government authorities; e. To safeguard the legitimate rights and interests of DAILYCAST HK LIMITED; the user consents to share the information with a third party; DAILYCAST HK LIMITED discovers that the user violates the terms and conditions of the DAILYCAST HK LIMITED Service Agreement or use rules for other products; or DAILYCAST HK LIMITED needs to submit the user’s personal information to the companies providing DAILYCAST HK LIMITED and the user with products or services (unless DAILYCAST HK LIMITED notifies you otherwise, such companies shall have no right to use your identification).
2.4 DAILYCAST HK LIMITED will collect a DAILYCAST HK LIMITED User’s personal information when he/she registers to be a DAILYCAST HK LIMITED User, uses DAILYCAST HK LIMITED’s products or services, browses a DAILYCAST HK LIMITED page, or participates in promotions and sweepstakes. The information will be utilized to improve the services and web content provided for the user.
3.1 DAILYCAST HK LIMITED User’s shall be bound by the laws and regulations of People’s Republic of China (“P.R.C.”) when using DAILYCAST HK LIMITED’s services and shall not utilize the service for any illegal activities, including but not limited to:
a. Upload, display, post, spread or send in any other manner any information that: (1) is opposed to the basic principles established by the Constitution of the P.R.C.; (2) endangers the national security, divulges State secrets, subverts the State power or undermines national unity; (3) damages the honor and interests of the State; (4) incites ethnic hatred or ethnic discrimination, or undermines ethnic unity; (5) jeopardizes the State’s religious policies, or advocates cults and superstition; (6) spreads rumors, disturbs social order, or undermines social stability; (7) spreads obscenity, pornography, gambling, violence, murder, terrorism, or instigates others to commit crimes; (8) insults or slanders others, or infringes upon the legal rights of others; (9) incites illegal assembly, association, procession, demonstration or gathers crowds to disturb social order; (10) is false, harmful, threatening, privacy infringing, or contains contents of harassments, infringements, defamations, vulgarity, or obscenity, or is otherwise morally objectionable, lack of aesthetic, unsuitable with fine custom; (11) contains other contents restricted or prohibited by laws, regulations, rules and any other legally binding provisions.
b. It is forbidden to use the Internet service system for illegal purposes.
c. It is forbidden to use DAILYCAST HK LIMITED services to undertake the following activities: (1) access the computer information network or use of resources of the computer information network without authorization; (2) delete, modify or add any function of the computer information network without authorization; (3) delete, modify or add any data or application stored, processed or transmitted in the computer information network without authorization; (4) intentionally create or disseminate computer virus or other destructive programs; (5) or other activities that damage the computer information network.
3.2 DAILYCAST HK LIMITED Users consent to indemnify DAILYCAST HK LIMITED, its subsidiaries and affiliates, for any claims, demands or losses, including reasonable attorney fees, against any third party if such damages or losses result from the DAILYCAST HK LIMITED User’s violation of the terms or conditions of this Agreement or the provisions of a relevant service agreement. DAILYCAST HK LIMITED, depending on the nature of a user’s activity, is entitled to take measures, including but not limited to removing the content published by the user, suspending his/her account, restricting the usage of his/her account, recycling the DAILYCAST HK LIMITED account or taking any legal or other measures. For malicious registration of a DAILYCAST HK LIMITED account or activities utilizing a DAILYCAST HK LIMITED account to distort, harass or deceive other users, or any other third party, or in any other manner violating this Agreement, DAILYCAST HK LIMITED shall be entitled to suspend or delete such account. DAILYCAST HK LIMITED will assist the investigation upon the requirements of the judicial authority.
3.3 DAILYCAST HK LIMITED Users shall not duplicate, copy, sell, resell or use for any other commercial purpose any part of this service or the use or obtain of this service.
3.4 A DAILYCAST HK LIMITED User shall be liable for his/her behavior in using the DAILYCAST HK LIMITED service. The form of liability includes, but is not limited to: compensation for the damages the infringed party has suffered; equal amount of the compensation for DAILYCAST HK LIMITED’s first assumed administrative penalty or tort liability for the damages caused by the user’s behavior.
4.1 The details of DAILYCAST HK LIMITED, Inc. network service will be provided by DAILYCAST HK LIMITED depending on the nature of the situation.
4.2 Unless otherwise expressly provided in this Agreement, any new product(s), new function(s) and/or new service(s) provided by DAILYCAST HK LIMITED shall be subject to this Agreement.
4.3 To use this service, a DAILYCAST HK LIMITED User shall be able to get access to the international network via a third party legally qualified to provide internet access service, and shall pay the cost of related services. In addition, the DAILYCAST HK LIMITED User himself/herself shall prepare the necessary equipment for the access to the international network, including computer, modem and/or other access device.
4.4 Given the special nature of network services, DAILYCAST HK LIMITED Users agree that DAILYCAST HK LIMITED shall have the right to change, suspend or terminate some or all network services (including, but not limited to, subscription network service) without prior notice. DAILYCAST HK LIMITED does not guarantee that the network services will not be interrupted or the timeliness, security, accuracy of the network services.
4.5 The DAILYCAST HK LIMITED service or third parties can provide any links with other international internet websites or resources. For the reason that DAILYCAST HK LIMITED cannot control these websites and resources, the user understands and agrees that DAILYCAST HK LIMITED is not responsible for the availability of these websites or resources and contents, advertisements, products or other data existing or arising from these websites and resources. DAILYCAST HK LIMITED shall not be held responsible for any damage or losses resulting from any content, commodity, service which is released or obtained from these websites or resources.
4.6 The DAILYCAST HK LIMITED service or third parties can provide any links with other international internet websites or resources. For the reason that DAILYCAST HK LIMITED cannot control these websites and resources, the user understands and agrees that DAILYCAST HK LIMITED is not responsible for the availability of these websites or resources and contents, advertisements, products or other data existing or arising from these websites and resources. DAILYCAST HK LIMITED shall not be held responsible for any damage or losses resulting from any content, commodity, service which is released or obtained from these websites or resources.
4.7 DAILYCAST HK LIMITED Users explicitly agree to assume the risk existing in the use of any DAILYCAST HK LIMITED internet service. Users understand and accept that they deliberately decide to download or obtain any information resources from DAILYCAST HK LIMITED’s services, and assume the impairment of system, loss of data and other risks. DAILYCAST HK LIMITED does not make guarantees on any shopping service, course of dealing, recruitment information obtained from the service network.
4.8 DAILYCAST HK LIMITED reserves the right to terminate user accounts which have not been logged in to (i.e., accessed) for six (6) months or more.
4.9 DAILYCAST HK LIMITED is entitled to modify or terminate this service (or any other parts thereof) at any time temporarily or permanently without prior notice. DAILYCAST HK LIMITED is not liable to users or any third party given any modification or termination of service with or without notice.
4.10 Termination of Service: DAILYCAST HK LIMITED Users agree that DAILYCAST HK LIMITED is entitled to terminate his/her password, account or the use of service (or any part of service), remove and delete any content in this service based on DAILYCAST HK LIMITED’s own discretion for any reason, including but not limited to disuse for a long period of time or if DAILYCAST HK LIMITED considers a DAILYCAST HK LIMITED User to have violated the terms and conditions of this Agreement. A DAILYCAST HK LIMITED User agrees the service provided in accordance with this Agreement can be suspended or terminated without any prior notice, the user acknowledges and agrees that DAILYCAST HK LIMITED can shut down, terminate or delete his/her account and all the information and documents in the account immediately, and/or forbid the user to continue using or accessing the aforesaid documents and service. In addition, a DAILYCAST HK LIMITED User agrees that in case the use of the service is suspended, terminated or the account and relevant information and documents are shut down or deleted, DAILYCAST HK LIMITED, Inc. shall not be responsible for any liability to the DAILYCAST HK LIMITED User or any other third party.
5.1 Exclusive Rights to Users and Infringement Notice If (i) a rights holder finds that a third party has infringed his/her legitimate rights and interests through the internet and (ii) such right is infringed by content posted on a third parties’ website connected with links automatically generated by DAILYCAST HK LIMITED’s search engine system, such individual or entity may file a notice of infringement (“Infringement Notice”) with DAILYCAST HK LIMITED. To file an Infringement Notice with us, you must provide a written communication based upon the instructions below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any misrepresentation in the Infringement Notice. If you are not sure whether material available online infringes any of your legitimate right, we suggest that you first contact an experienced professional. To expedite our ability to process your request, please use the following format (including section numbers): 1. Provide materials evidencing that you have the right to exercise the trademark, copyright or another legitimate right which you allege has been infringed. 2. Identify in sufficient and clear detail the content pertaining to the protected legitimate right you believe has been infringed and the websites that contain the infringing content (if possible). 3. Identify the material that you claim is infringing the legitimated right listed in Item 2 above. 4. Provide detailed contact information of the Rights Holder, including name, a copy of the identity card or the passport (if an individual), a copy of the entity registration certificate (if an entity), address, telephone number, fax and email address. 5. Provide location of infringing content on the Internet (for example, the source of allegedly infringing content, i.e. the website or location in the webpage) to permit us to notify the owner/administrator of the web page that allegedly contains infringing content. 6. Include the following statements in the Infringement Notice: “(i) I am the rights holder or am authorized to exercise the right; (ii) My legitimate rights are infringed by content on the allegedly infringing web pages”; and (iii) Include the following statement in the Infringement Notice: “I represent that the information in this Infringement Notice is sufficient, true and accurate and that I am the right holder or am authorized to exercise the legitimate right specified in item 2 of this Infringement Notice, and that I confirm that if the statements in the Infringement Notice are not true, I will be legally liable for such misrepresentation.” 7. Sign the Infringement Notice paper. If you are an entity or an organization established in accordance with laws, please seal your official stamp on the paper. Then send the electronic version of the above materials and your contact information to the following email: TikShortfeedback@163.com.
5.2 If any content in the open access areas of the DAILYCAST HK LIMITED website is uploaded by users through a DAILYCAST HK LIMITED service (including but not limited to DAILYCAST HK LIMITED Post Bar, DAILYCAST HK LIMITED Knows, MP3, film and television, etc), users agree that DAILYCAST HK LIMITED has the free, permanent, irrevocable, nonexclusive and complete sub-license right and permission across the world, such as to use, duplicate, modify, adapt, publish, translate, create derivative works, spread, perform and display these contents (the whole or parts), and/or incorporate these content into any other forms of work, media or technology currently known or later developed.
5.3 DAILYCAST HK LIMITED owns the copyright of all information within this site, any authorized browse, copy, print and dissemination of information belonging to this website must meet the following conditions: a. All information and images are for the purpose of access to information; b. All information and images may not be used for commercial purposes; c. All information, images or any part thereof must include this copyright notice; d. All of our products, technology, and all programs in our website are DAILYCAST HK LIMITED intellectual property and are not authorized to anybody hereby. e. “DAILYCAST HK LIMITED”,and related graphics are registered trademark of DAILYCAST HK LIMITED, f. Without DAILYCAST HK LIMITED’s prior consent, license or authorization, no third party shall, including but not limited to illegally copy, disseminate, display, mirror, upload, or download the aforementioned information, products, technology and programs. Otherwise, DAILYCAST HK LIMITED will investigate for legal responsibility according to law.
6.1 Young people (those considered minors in any jurisdiction) must comply with the National Youth Network Civilization Convention: a. To benefit from using the internet, do not browse any inappropriate information; b. To be honest and friendly in exchanges, do not insult or defraud others; c. To enhance self-protection, do not interact casually with strangers; d. To maintain network security, do not destroy the network order; and e. To remain healthy, do not become addicted to virtual reality.
7.1 The Laws of the People's Republic of China shall prevail when dealing with the conclusion, implementation and interpretation of this Agreement, and any dispute or settlement arising thereof.
7.2 Where the parties have any disagreement as to the implementation or interpretation of this Agreement or its execution, both sides should settle such disagreement through friendly consultations; where negotiation fails, either party shall only bring a court action in the People’s Court located in DAILYCAST HK LIMITED’s domicile.
7.3 Where DAILYCAST HK LIMITED does not exercise or execute any right or provision under the Agreement, such act or non-act shall not constitute a waiver of any such right.
7.4 If any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7.5 This Agreement is drafted in both Chinese and English. In the event that there is a dispute between the parties arising out of this Agreement or as to the interpretation or meaning of this Agreement, the Chinese version shall govern in interpretation and in all other respects.
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If you become aware of any violation of this Agreement and/or the Terms of Service of any other individual service, please send a notification to DAILYCAST HK LIMITED. You can contact DAILYCAST HK LIMITED via the following email address: TikShortfeedback@163.com.