VisionerTech Service Agreement
VisionerTech Service Agreement
Welcome to use the services of VisionerTech.
The ownership and right of operation relating to the official website (http://www.visionertech.com/) of VisionerTech shall belong to Shenzhen VisionerTech (hereinafter referred to as “VisionerTech”). To use the services of VisionerTech, You shall read and observe this VisionerTech Service Agreement (hereinafter referred to as “this Agreement”). Make sure that You carefully read and fully understand all terms and conditions hereof, especially the disclaimer or limitation of liability clauses, jurisdiction and governing law clauses, and the separate agreements to start or use a particular service. The disclaimer or limitation of liability clauses may be shown in boldface or underlined to arouse Your special attention. You may not use the services provided by VisionerTech unless You have read and accepted all terms and conditions hereof. Your use of the services of VisionerTech shall indicate that You have read and agreed to be bound by this Agreement.
I. Scope of Agreement
1.1 This Agreement is an agreement entered into by and between You and VisionerTech with regard to Your use of relevant services of VisionerTech. “VisionerTech” means VisionerTech and operational affiliates that are possibly related to the services thereof. “User” means any person using the services of VisionerTech and is herein referred to more as “You”.
1.2 The services hereunder mean the products and services provided by VisionerTech to Users, including but not limited to network media, internet appreciation, interactive entertainment, e-commerce, and advertising (hereinafter referred to as “this Service”).
II. Account and Password Security
2.1 You may need to register an account before using the services of VisionerTech. You shall abide by the Separate Agreements when using Your account.
2.2 VisionerTech especially reminds You to properly keep Your account and password, and to log out after use. You shall be held solely responsible for the account or password theft caused by Your own improper keeping.
III. Protection of Personal Information
3.2 You may need to fill in some necessary information when registering an account or using this Service. You shall fill in Your real identity information if it is specially provided by national laws and regulations. You may not be able to use this Service or Your use thereof may be limited if the information provided by You is incomplete.
3.3 As a general rule, You may check or modify, at any time, the information submitted by You, but for the sake of security and identification (such as the account appeal service), You may not be able to modify the initial registration information and other verification information provided at the time of registration.
3.4 VisionerTech will protect Your personal information from unauthorized access, use or disclosure through a perfect management system established with kinds of security technologies and procedures.
3.5 VisionerTech will not transfer or disclose Your personal information to any unrelated third party, unless:
（1）The transfer or disclosure is required by relevant laws and regulations, courts or government agencies;
（2）The information is transferred for the purpose of completing a merger, separation, acquisition or asset transfer;
（3）It is necessary for providing services as requested by You.
3.6 VisionerTech attaches great importance to the protection of the personal information of minors. If You are under 18, please obtain the written consent from Your parents or legal guardian (hereinafter referred to as “Guardian”) before using the services of VisionerTech. <
IV. Ways to Use this Service
4.1 Unless otherwise agreed upon by You and VisionerTech, You agree to use this Service for non-commercial purposes only.
4.2 You shall use the services in ways suggested or recognized by VisionerTech. You may not transfer the rights obtained pursuant to the provisions hereof.
4.3 You may not obstruct, destroy, modify or otherwise affect the services hereunder by using plug-ins, add-ons or third-party tools that are not authorized by VisionerTech.
V. “As-is” Provision of Services
You understand and agree that VisionerTech provides services on an “as-is” basis according to existing technologies and conditions. VisionerTech will try its best to provide continued and safe services to You, but it cannot always foresee or prevent legal, technical and other risks, including but not limited to the service interruption, data loss and other losses and risks possibly caused by force majeure, virus, Trojan, hacker attack, system instability, flaws in third-party services, or act of government.
VI. Self-prepared Devices
6.1 You shall understand the need to prepare relevant terminal devices (such as computer and modem) before using the services of VisionerTech, and to bear the charges (such as telephone bill and internet access fee) as required.
6.2 You understand and agree that Your use of this Service will consume Your resources such as terminal devices and bandwidth.
7.1 You agree that VisionerTech may deliver, by itself or through third-party advertisers, advertisements or marketing and promotional information (both commercial and non-commercial) to You together with the services, and may change the way and scope of the said delivery without special notice to You.
7.2 VisionerTech may provide a feature in which You may choose to close advertising information, provided that You shall never block or filter advertising information in any way not expressly stated herein or not approved by VisionerTech in writing.
7.3 VisionerTech shall perform relevant obligations to advertisers according to law, while You shall judge the authenticity of advertising information and take responsibility for Your own judgment. Unless otherwise expressly provided by law, VisionerTech may not be held responsible for Your loss or damage caused by any transaction based on the said advertising information or by any content offered by the said advertisers.
7.4 You agree to prudently judge the authenticity and credibility of the advertising information contained in the services of VisionerTech. Unless otherwise expressly provided by law, You shall be responsible for transactions based on the advertising information.
VII. Paid Services
8.1 Some of the services of VisionerTech are provided for certain fees. When using any of such paid services, You shall follow the corresponding agreements.
8.2 VisionerTech may modify or change as required the charging standards and methods of paid services, and may also collect fees for certain free services, provided that a notice or announcement shall be published on the corresponding service page prior to the said modification, change or fee collection. You shall stop using the services in question if You don’t agree to the said modification, change or fee collection.
IX. Products or Services Provided by Third Parties
When using third-party products or services on the VisionerTech platform, You shall also abide by the user agreement of such third parties in addition to this Agreement. VisionerTech and such third parties shall take responsibility for possible disputes respectively to the extent provided by law and as agreed.
X. Software-based Provision of Services
If VisionerTech provides services to You through “software”, You shall also follow the following rules:
10.1 You may need to download software when using this Service, for which software VisionerTech grants You a personal, non-transferable and non-exclusive license. You may use such software only for the purpose of accessing or using this Service.
10.2 VisionerTech may update the software in order to improve user experience and to ensure safe services and consistent product features. You shall update the relevant software to the latest version; otherwise, VisionerTech makes no warranty about its normal use.
10.3 VisionerTech may develop different versions of software for different terminal devices, so You shall choose to download and install the right version as the case may be. You may acquire the software from the website of VisionerTech or from a third party as authorized by VisionerTech. If You get software or an installation program of the same name as the software from an unauthorized third party, VisionerTech makes no warranty about its normal use and takes no responsibility for any loss thus caused to You.
10.4 Unless it is approved by VisionerTech in writing, You may not:
（1）Delete the copyright information included in any software and the copies thereof;
（2）Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of the software;
（3）Use, lease, lend, reproduce, modify, interlink, reprint, compile, issue, publish, or establish mirror image websites of any content to which VisionerTech has intellectual property rights;
（4）Reproduce, modify, add, delete, hook or create derivative works out of the software or the data stored in any terminal memory during software operation, the interactive data between the client side and the server side during software operation, and the system data necessary for software operation, including but not limited to by using plugins, add-ons or unauthorized third-party tools or services to access the software and relevant systems;
（5）Modify or forge the instructions and data during software operation, add, delete or change the feature or operation effect of software, or run or spread to the public the software and methods used as above, whether for commercial or non-commercial purposes;
（6）Log in to or use the software and services of VisionerTech through, or produce, release or spread, third-party software, plug-ins, add-ons or systems not developed or authorized by VisionerTech.
XI. Intellectual Property Rights Statement
11.1 VisionerTech has the intellectual property rights to the content provided thereby in this Service, including but not limited to webpages, texts, images, audio materials, videos, diagrams, etc. The intellectual property rights to the content generated by Users when using this Service shall belong to Users or relevant right holders.
11.2 Unless otherwise specially stated, VisionerTech has the copyright, patent right and other intellectual property rights to the software based on which this Service is provided.
11.3 VisionerTech has the copyright or trademark right to the logos used in this Service, including “VisionerTech” and the trademark image of VisionerTech.
11.4 The intellectual property rights to the foregoing and any other content included in this Service are all protected by law, and no party may use or create derivative works out of the same in any form without the written permission of VisionerTech, Users or relevant right holders.
XII. Illegal User Behaviors
12.1 You must observe laws and regulations when using this Service and may not use this Service to:
（1）Release, transmit, spread or store any content that endangers national security and unity, destroys social stability, violates public order and good custom, involves indignity, slander, obscenity and violence, or otherwise goes against national laws and regulations;
（2）Release, transmit, spread or store any content that violates the legitimate rights and interests of others such as intellectual property rights and trade secrets;
（3）Maliciously fabricate facts or conceal the truth and thereby mislead or deceive others;
（4）Release, transmit or spread advertising information and spam;
（5）Do any other acts prohibited by law.
12.2 If You violate Article 12.1, relevant government organs or agencies may initiate legal proceedings, impose a fine or take other sanctions against You with the assistance of VisionerTech. You shall compensate according to law, while VisionerTech takes no responsibility, for any damage caused by Your violation.
12.3 Where it discovers or is informed that the information released by You violates Article 12.1, VisionerTech shall have the right to take technical measures to delete, block or disconnect that information at its own sole discretion. VisionerTech shall also have the right to suspend or terminate services, to limit, freeze or terminate Your account, or to investigate You for legal responsibilities according to the nature of Your violation.
12.4 You shall be held solely responsible if any third-party damage is caused by Your violation of Article 12.1. You shall compensate as well for any loss thus caused to VisionerTech.
XIII. Compliance with Local Laws
13.1 Your use of this Service shall comply with local laws and regulations and respect local moral and customary habits. You shall be held solely responsible if Your behavior violates such local laws and regulations or local habits.
13.2 You shall prevent VisionerTech from political and public events because of Your use of this Service; otherwise, VisionerTech will have the right to suspend or terminate the services to You.
XIV. Content Sent or Spread by Users and Handling of Third-party Complaints
14.1 You are solely responsible for the content sent or spread by You through this Service, including but not limited to webpages, texts, images, audio materials, videos, diagrams, etc.
14.2 The content sent or spread by You shall be legally sourced and shall be owned by You or authorized by relevant right holders.
14.3 You agree that for the purpose of implementing this Agreement or providing this Service, VisionerTech may use the content sent or spread by You.
14.4 If VisionerTech receives a notice in which a right holder claims that the content sent or spread by You violates his/her rights, You agree that VisionerTech has the right to delete, block or disconnect the content at its own discretion.
14.5 Your use of this Service may not violate national laws and regulations or infringe upon the legitimate rights and interests of others. You understand and agree that if You sue or are sued for infringement, VisionerTech will have the right to provide parties or departments involved in the dispute with necessary information such as the name and contact information of all disputing parties and the content of the complaint, so that the dispute can be settled without delay and the legitimate rights and interests of others properly protected.
XV. Force Majeure and other Exemptions
15.1 You understand and agree that Your use of this Service may be interrupted by force majeure or other risk factors. Force majeure means unforeseeable, insurmountable and unavoidable objective events that cause significant effects on one party or both parties, including but not limited to natural disasters (like flood, earthquake, plague epidemic and storm) and social events (like war, turmoil and act of government). In case of any of the said situations, VisionerTech will endeavor to restore the situation to normal by working with the departments involved. To the extent permitted by law, VisionerTech shall be exempted from liability for the loss thus caused to You.
15.2 To the extent permitted by law, VisionerTech may not be held liable for the service interruption or blockage caused by:
（1）Computer virus, Trojan, other malicious programs or hacker attack;
（2）The malfunction of the computer software, system, hardware and telecommunication line of Users or VisionerTech;
（3）Improper user operations;
（4）The unauthorized use of this Service;
（5）Other situations that cannot be controlled or reasonably foreseen by VisionerTech.
15.3 You understand and agree that Your use of this Service may be exposed to risks brought by network information or the behavior of other Users. VisionerTech takes no responsibility for the authenticity, applicability and legality of any information or for the damage caused to You by tort. The said risks include without limitation:
（1）The risk of receiving threatening, slanderous, disgusting or illegal information from others anonymously or pseudonymously;
（2）The risk of being misled or deceived by others or suffering any mental or physical damage or economic loss as a result of using the services hereunder;
（3）Other risks caused by network information or user behavior.
15.4 You understand and agree that this Service is not designed for particular purposes, including but not limited to nuclear facilities, military applications, medical facilities and transportation communication. VisionerTech takes no legal responsibility for the casualty, property loss and environmental destruction caused by unsuccessful operations due to the software or services.
15.5 VisionerTech acquires, as agreed herein, the right to deal with the content that violates laws and regulations, which right constitutes no obligation or warranty on the part of VisionerTech. Moreover, VisionerTech makes no warranty about discovering or handling unlawful acts in a timely manner.
15.6 Under no circumstance shall You believe the network information soliciting money or password or otherwise relating to property. Whenever it comes to property, You must verify the identity of the other party and pay constant attention to the fraud hints published by VisionerTech.
XVI. Effectiveness and Change of Agreement
16.1 Your use of the services of VisionerTech shall indicate that You have read and agreed to be bound by this Agreement.
16.2 VisionerTech shall have the right to modify the provisions hereof if necessary. You may check the latest version of terms and conditions on the relevant service page.
16.3 Your continued use of the software or services provided by VisionerTech shall indicate that You have accepted the agreement as modified. If You don’t agree with the modified agreement, You shall stop using the software or services provided by VisionerTech.
XVII. Change, Interruption and Termination of Services
17.1 VisionerTech may change the content of the services, or interrupt, suspend or terminate the services.
17.2 You understand and agree that VisionerTech has the right to determine its business strategies at its own discretion. In case of any merger, separation, acquisition or asset transfer, VisionerTech may transfer to a third party the relevant assets hereunder and, upon unilateral notice to You, transfer part or all of the services hereunder to a third party for operation or implementation. The transferee shall be specified in the notice issued by VisionerTech.
17.3 VisionerTech shall have the right to interrupt or terminate the services to You without notice if:
（1）The personal data provided by You is not real, or You fail to justify the inconsistence between Your personal data and Your registration information;
（2）You violate relevant laws and regulations or this Agreement;
（3）It is required by law or competent departments;
（4）It is for security reasons or necessary.
17.4 VisionerTech shall have the right to collect fees as stated in Article 8.2 hereof. If the fees are not paid in full as scheduled, VisionerTech shall have the right to interrupt, suspend or terminate the services to You.
17.5 You are obliged to have back-up copies of the data involved in this Service. If Your services are terminated, VisionerTech may permanently remove Your data from the server, unless otherwise provided by law. After service termination, VisionerTech has no obligation to return Your data.
XVIII. Jurisdiction and Governing Law
18.1 The establishment, effectiveness, implementation, interpretation and dispute settlement of this Agreement shall be governed by the laws of the mainland of the People’s Republic of China (excluding conflict of laws).
18.2 This Agreement is executed in Nanshan District, Shenzhen, China.
18.3 Any dispute between You and VisionerTech shall be settled through friendly consultation first. If a dispute cannot be settled this way, You agree to submit the dispute to the people’s court located in Nanshan District, Shenzhen for arbitration.
18.4 The paragraph headings hereof are for convenience only and have no actual meaning and therefore cannot be used to interpret this Agreement.
18.5 If any provision hereof is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and binding upon both parties.
19.1 Users under 18 are minor Users who shall read this Agreement and use this Service under the custody and guidance of Guardians.
19.2 Unsophisticated minor Users are likely to lose themselves on the internet and, because of strong curiosity and lack of experience, prone to the manipulation by people with ulterior motives and cannot protect themselves. Therefore, minor Users shall enhance the awareness of safety and self-protection when using this Service by:
（1）Getting a clear understanding of the difference between cyber world and real world, and not letting the internet affect daily study and life;
（2）Filling in personal data in a way that prevents disturbance to personal life;
（3）Learning to use the internet correctly under the guidance of Guardians or teachers;
（4）Avoiding meeting strange net friends or participating in fellowship activities lest lawbreakers get the chance.
19.3 Guardians and schools shall provide more guidance when minors use this Service. In particular, parents shall keep a watchful eye on their children, communicate with them more often, and educate them about safety issues when using the internet.
If You have any advice about this Agreement or Service, please contact us through the customer service channel on http://www.visionertech.com/ and we are always ready to help You.