Terms of UC Account Service
1. Accepting the Terms
1.1 Your use of UC's account is subject to the terms of a legal agreement between you and UC. "UC" means UC mobile Ltd.. By using the service of UC and its Affiliates , you agree to this agreement.
1.2 By accepting delivery of the services, you are expressly agreeing to be bound by the terms and conditions of this agreement to the exclusion of all other terms. UC is willing to make the software available to user only upon the condition that user accepts the terms of this agreement.
1.3 "User" means the legal entity or person who activates the UC account Services and accepts all the terms.
UC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with notice. By using the services You understand and agree that if you use the Services after the date on which the Terms have changed, UC will treat your use as acceptance of the updated Terms. Otherwise, please discontinue the use of the Service(s).
3. Description of the Services
3.1 UC provides users with access to a rich collection of resources and Services, including without limitation various communications tools, and personalized content through its network of services, which may be accessed through any various medium or device now known or hereafter, developed. Without limiting the applicability of the foregoing general terms, the following terms and conditions apply for the specific services discussed below.
3.2 You understand that you use the Services at your own risk unless otherwise provided in this agreement. UC does not warrant that the use of the services will be uninterrupted or error free or that the services do not contain any viruses. This warranty disclaimer is a fundamental element of the basis of the bargain between user and UC.
3.3 You must provide the equipment necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
3.4 UC reserves the right to charge all or part of the service in the future.
3.5 In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to UC will always be accurate, correct and up to date. UC does not use your personal information to identify you or contact you.
3.6 If any information you provide is untrue, inaccurate, outdated or incomplete, UC has the right to terminate your use of the Service.
3.7 UC may terminate User's access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, with or without providing any refund of any payments. UC shall have no obligation to maintain any content in User's account or to forward any unread or unsent messages to User or any third party. UC may also terminate or suspend User's account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time (3 months). Upon termination of the Service, User's right to use the Service immediately ceases.
3.8 You agree that you are fully responsible for all content that you post. You will be responsible for and agree to defend, indemnify and hold harmless UC and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees from any claim or demand, including reasonable attorneys'fees, made by any third party due to or arising out of any content you post and/or your use of the service, your violation of this Agreement, or your violation of any rights of another.
4. You Should Observe the Following Laws and Regulations
You agree to abide by the relevant PRC laws and regulations, when using UC account, shall not infringe the legitimate rights and interests of any third party. In any case, if UC has reasonable grounds to believe that your behavior may violate the laws, regulations or infringe the legitimate interests of third parties,UC may at any time terminate the service without prior notice. You should be aware of the borderless of the Internet, and pay particular attention to compliance with all relevant local laws and regulations.
5. Privacy and Your Personal Information
It is UC's policy to respect the privacy of its users. UC will not monitor, edit, or disclose any personal information about User or User's use of the Service, including its contents, unless UC has a good faith belief that such action is necessary to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of UC;
(3) Safeguard the security of individuals in society and the public;
(4) act to protect the interests of its members or others;
(5) with User's prior permission;
or Accord with other related requirements .
6. Your Passwords and Account Security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.Accordingly, you agree that you will be solely responsible to UC for all activities that occur under your account. And UC is under no obligation to compensate you for any such losses or results.
6.2 If you become aware of any unauthorized use of your password or of your account, you agree to notify UC immediately. You should log out after you have finished using the service, otherwise you may not get the security protection of UC account.
6.3 You will not transfer your account to anyone. UC reserve the rights to withdraw the transaction accounts. And UC does not undertake any responsibility on the disputes caused by these transactions.
7. Your Information Storage and Restrictions
User agrees that UC is not responsible or liable for the deletion or failure to store messages, files, or other information. UC has the right to judge the user behavior is in accordance with the provisions of the UC account services, if you violate the terms , UC reserves the right to delete your information released until the interruption or termination of the service provided.
8. The Following Restrictions Apply to the Use of the Service
8.1 You shall not upload, transfer, or otherwise make available files, images, code, materials, or other information or content that is obscene, vulgar, sexually-oriented, hateful, threatening, or that violates any laws or third-party rights, hereunder, but not limited to, third-party intellectual property rights. UC strictly forbids unsolicited messaging and unauthorized advertisements while using any UC service.
8.2 You shall not harm minors in any way.
8.3 You shall not impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
8.4 You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message.
8.5 You shall not upload, post, email or otherwise transmit content which you have no right or damage the legitimate rights and interests of others .
8.6 You shall not upload, post, email or otherwise transmit content which violates any patent, trademark, copyright, trade secrets or other civil rights.
8.7 You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
8.8 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
8.9 You agree to use the Services only for purposes that are permitted by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions .
8.10 You shall not "Stalk" or otherwise harass another.
8.11 You shall not collect or store personal data including password, account and other digital information about other users.
8.12 You shall not conduct any other behaviors UC recognize as inappropriate in this agreement.
8.13 Without limiting any other remedies, UC may limit, suspend, terminate, modify, or delete accounts or access to the service or portions thereof if you are, or UC suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you.
9. Content and Disclosure
9.1 You shall be fully responsible for the content uploaded or transmitted by the service. In no event shall UC be liable for the correctness, completeness, or timeliness of such information. UC shall have no liability to you or any other user of such information or to any third party for any loss, expense, or damage, including consequential, incidental, special or punitive damages and including lost profits or lost revenue, caused directly or indirectly by the use or reliance upon such information. UC has the right (but not the obligation) to refuse or delete any content provided through the service. Any material obtained through the use of the UC is done at your own discretion and risk and you will be solely responsible for any damage to you that results from the use of any such material.
9.2 UC reserves the right to preserve or disclose contents in the following cases:
(1) To satisfy any applicable laws or regulations ;
(2) According to the terms of service provides;
(3) The third party who has been infringed claims;
(4) When We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally;
(5) And other situations where UC confirms necessary.
10. Use of Services
10.1 By transmitting or submitting any content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the content.
10.2 You agree that you will not, under any circumstances: Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service, otherwise UC shall reserve the rights to investigate the legal responsibilities thereof.
10.3 You are entirely responsible for all the contents you post or otherwise transmit via the Service. UC assumes no responsibility for the conduct of any user submitting any contents, and assumes no responsibility for monitoring the Service for inappropriate or illegal contents or conduct. You acknowledge that you may find some contents inappropriate or unpleasant, and agree to make your own judge-ment and assume all risks. In any case, UC shall reserve the right to stop the transmission of these contents and take appropriate actions, including but not limited to suspend the service, in whole or in part, save related records, and reported to the authorities. UC may reject, refuse to post or delete any content for any or no reason, including, but not limited to, contents that in the sole judgment of UC may violate these Terms of Service.
10.4 You acknowledge that if the contents posted on UC account space by any third party cause any possible infringement to your rights and interests without your consent, UC assumes no responsibility for anyone.
10.5 UC reserves the right to delete the contents you upload, post or send , under the requirements of government agencies or the right holders , with or without prior notice.
10.6 UC reserves the right to withdraw the space name of user and limit the storage capacity of content that you post on, through or in connection with the Service, with or without notice.
11. Description of Mobile Phone Features
11.1 You acknowledge that UC provide your real-time location information to you and your specific UC account friend.
11.2 You can choose to let UC account import your friends on mobile phone address book, but UC ensure that any information (including your friend's name and any other relevant information) will not be imported outside the chain of friends .
11.3 Your chain of friends will be encrypted and stored by UC through irreversible way. UC account and your friends will never know your phone number and your real friends chain.
12. Proprietary Rights
12.1 You acknowledge and agree that UC own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
12.2 You acknowledges that content transmitted by the service, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Without UC's written permission,You shall not modify, rent, lease, or create derivative works unless the content is created by you and posted in the public area . User agrees not to violate these laws or infringe on these rights in any way.
12.3 UC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by UC as part of the Services as provided to you by UC. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, de-compile or otherwise attempt to extract the source code of the Software or any part thereof .
12.4 Unless you have agreed otherwise in writing with UC, nothing in the Terms gives you a right to use any of UC's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
13. Disclaimers/limitation of liability
13.1 You expressly understand and agree that UC, shall not be liable to you for the completeness, accuracy or existence of the content , information and advertisements transmitted by the service. UC assumes no responsibility about the products ,information or materials you purchase by the advertisements on the service. You do this at your own risk.
13.2 UC reserves the right, but not the obligation, to improve or correct any omissions in any part of this service.
13.3 In particular, UC, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
your use of the services will meet your requirements;
your use of the services will be uninterrupted, timely, secure or free from error;
any information obtained by you as a result of your use of the services will be accurate or reliable;
And that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
13.4 Any material downloaded or otherwise obtained through the use of the UC is done at your own discretion and risk and you will be solely responsible for any damage to your mobile phone, other device system or loss of data that results from the download of any such material.
13.5 You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that the UC parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, the service.
13.6 You can decide whether to use the catalog of UC account or not . This may lead you to offensive or inappropriate website. UC has no obligation to check the website in the catalog, and assumes no responsibility of its correctness and legitimacy.
UC reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. UC may also delete or transfer the content you post or store on the service. In such event, UC shall not be required to assume any responsibility to you and any other third paty.
All notices required under this Agreement will be given as follows: by email to the email address that User provided to UC , by posting the notice on the webpage of UC, by mail or other ways UC recognizes as appropriate. When the terms of this agreement change, UC will notify you by the ways above.
16. Entire Agreement
The terms in this agreement, and the other terms of the service of UC, constitute a complete agreement.
17. Law and Jurisdiction
This agreement will be governed by the laws of the People's Republic of China without giving effect to any conflicts of law principles that may require the application of the laws of a different country. All actions or proceedings arising under or related to this Agreement must be brought in Guangzhou Arbitration Commission, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby.
18. Effective Term
The term of this Agreement will commence upon your use of UC account.