1. Acceptance of Use Agreement of Website CLOUDWAVE
1) Please read and understand carefully all rights and limitations provided in Use Agreement for Website Users (hereinafter referred to as the “Agreement”). You are not allowed to make registration, log-in or use relevant services involved in the Agreement unless you accept all terms and conditions of the Agreement. Actions of making registration, log-in or use relevant services involved in the Agreement in any form will be deemed as you accept the Agreement and accept to be bound by all terms and conditions of the Agreement.
2) Shanghai Cloudwave Network Technology Co., Ltd. (hereinafter referred to as “CLOUDWAVE”), as the operator of JUSTBEHERE (www.justbehere.com) (hereinafter referred to as “Website CLOUDWAVE”) provides services according to the Agreement.
3) CLOUDWAVE may modify the Agreement without further notice to its users according to changes of relevant laws and regulations, operation status and adjustment of business strategy of the company from time to time. Users may learn about the latest service terms via the website. The latest agreement text shall prevail in case of disputes. Users may cease using services provided by CLOUDWAVE if they do not agree with the modification made by CLOUDWAVE to relevant terms of the Agreement. Continuing use of services shall be deemed that users accept the modifications to relevant terms of the Agreement and the legal force of the latest version of the Agreement after modification and accept to be bound by it.
2. Service Notes
(1) These service terms apply to all users registered on or logging in Website CLOUDWAVE, including users providing contents to CLOUDWAVE. “Contents” include texts, images, audios, videos, video combination, interaction and other materials etc. that are displayed and available for browsing, reading, visiting and even downloading.
(2) YUWUN provides its users with services via the Internet by using its own system, and unless otherwise specified, the Agreement shall apply to any new functions that enhance current services, including new products and newly added services.
(3) CLOUDWAVE does not guarantee that services will meet requirements of its users in full; CLOUDWAVE does not guarantee services will not be interrupted or discontinued; CLOUDWAVE does not guarantee the timeliness, security and accuracy of services.
3. License and Limitation of Service
1) CLOUDWAVE is entitled to relevant rights of documents protected by intellectual property right (IPR) or other laws and contained in any words or writings, diagrams, audios, videos and software (including, but not limited to, interface programs, codes, texts) shown on Website CLOUDWAVE; CLOUDWAVE is entitled to IPR and other relevant interests of contents excluding those whose rights and interests are enjoyed by users in accordance with the law. IPR owned and enjoyed by CLOUDWAVE shall not be affected or transferred by any use of organizations or individuals.
2) CLOUDWAVE will, by default, regard users who upload or post contents on Website CLOUDWAVE as obligees of related contents ; CLOUDWAVE shall be notified of other obligees of such contents in writing prior to uploading. Actions of posting or uploading by users on Website CLOUDWAVE shall be deemed that users agree to authorize CLOUDWAVE the free, irrevocable, indefinite and sublicense-able worldwide non-exclusive use license of contents uploaded by users, and that users authorize CLOUDWAVE to display, spread and promote the aforesaid contents and CLOUDWAVE is entitled to make copy, modification, publishing, issuing in any form of the aforesaid contents or authorize any third party to make copy, modification, publishing or use, in any other form, of the aforesaid contents. Users shall be held liable solely for any claims lodged by any third party or any derivative damage or loss due to posting or uploading the above contents by users. CLOUDWAVE does not assume any responsibility for failure of deletion or saving of information posted by users. CLOUDWAVE may judge and determine compliance of actions of users with Use Agreement (for details, refer to terms and provisions of Use Agreement of CLOUDWAVE Network Service of the website); if CLOUDWAVE determines that users violate terms and provisions of Use Agreement, CLOUDWAVE may cease providing services to such users.
3) All designs, other patterns, products and service names made by CLOUDWAVE are trademarks and logos owned by CLOUDWAVE and/or its affiliated company/companies; any individual shall not use, copy or use such trademarks and logos without consent by CLOUDWAVE.
4) CLOUDWAVE is entitled to relevant IPRs of contents to which it is entitled to exclusive right and other contents to which it is entitled to exclusive or non-exclusive right via authorization. Videos and other contents transmitted by CLOUDWAVE are protected by the Copyright Law, the Trademark Law, the Patent Law and other laws. Any media, application or individual shall not repost, set link to, change, issue, spread, copy, reproduce, modify, perform, or post/publish in any other form, derive other works, perform, record audio or video products, create derivative products, or conduct commercial use of all contents on Website CLOUDWAVE (including, but not limited to, videos, special graphs, logos, page styles, layout manners, programs, etc.), nor shall they display, in any form, video sources of CLOUDWAVE programs and/or images formed by capturing video sources. CLOUDWAVE reserves the right to lodge litigations against any violation against of this statement or other illegal and willful use of contents of CLOUDWAVE.CLOUDWAVE assumes no responsibility for any civil dispute or administrative penalty or other loss due to improper reposting or citing of contents of contents on Website CLOUDWAVE.
4. On Contents Posted or Uploaded on Website CLOUDWAVE by Users:
Users undertake full responsibility for contents uploaded, posted, sent or transmitted by users via Website CLOUDWAVE.
CLOUDWAVE does not guarantee the legality, legitimacy, accuracy, completeness or quality of such aforesaid contents. Users may get to be unhappy and inappropriate or disgusting contents while they accept services on Website CLOUDWAVE. Under no situation shall CLOUDWAVE be held liable for any contents uploaded by its users, including, but not limited to, any error or negligence or derivative loss or damage of any content. CLOUDWAVE may (not obliged or obligated to) decide, on its own, to refuse or delete any content offered via the Website CLOUDWAVE. Users are on their own risks for using the contents mentioned above. CLOUDWAVE may save or disclose the contents under the following situations:
a Provided by legal procedures;
b Provided by the Agreement;
c Rights claim by any third party damaged;
d For protection of the rights, property, personal safety of CLOUDWAVE, its users and the general public;
e Other situations CLOUDWAVE deems necessary.
5. Statement Concerning Technical Measures for Anti-piracy and Illegal Link-reposting,Etc.
CLOUDWAVE has taken necessary technical measures for anti-piracy and illegal link-reposting etc. for all legally authorized video contents, and added and set the electronic information of authority management. Any organization or individual shall not steal relevant video contents directly or indirectly in any form (including, but not limited to: illegal link-reposting, redundant stealing etc.), or delete or change the electronic information of authority management of relevant video contents in any form (including, but not limited to: hiding or changing the domain name, player software, CLOUDWAVE logo etc.) without permission by CLOUDWAVE. Otherwise, CLOUDWAVE reserves the right to lodge litigations.
(1) CLOUDWAVE does not guarantee the authenticity, accuracy and completeness of any information (hereinafter referred to collectively as “Information”) including information, contents of others or advertisement promotion from Website CLOUDWAVE. Any organization or individual conducting any actions via the Information must identify carefully the authenticity and prevent risk prudently, or CLOUDWAVE will not assume or undertake any direct, indirect, incidental or derivative loss or liability for transactions and/ or actions generated or occurred not directly with Website CLOUDWAVE.
(2) CLOUDWAVE may, but not obligated or obliged to, improve or correct any omission and errors of the website.
(3) CLOUDWAVE does not guarantee (including, but not limited to):
a Website CLOUDWAVE is suitable for use requirements of users;
b Website CLOUDWAVE will not be intervened; the website is timely, safe and reliable without any error.
c Any products, service or other document obtained by users via Website CLOUDWAVE will be up to their expectations.
(4) Users are on their own risks for any document they download or obtain via Website CLOUDWAVE; users shall be held liable in full for computer system damage or document loss due to such use;
(5) CLOUDWAVE does not assume any direct, indirect, incidental, derivative or punitive compensation or indemnification for loss of profit, goodwill, document or other tangible and intangible loss due to the following causes:
a Use or unable-to-use of the website;
b Any product, document or service obtained via the website;
c Unauthorized use or modification of user data;
(6) Users shall judge and determine to use the search and retrieving catalogs of Website CLOUDWAVE while browsing the Internet. Such search and retrieving catalogs may direct users to websites deemed attacking or inappropriate; CLOUDWAVE shall not be obligated or obliged to inspect contents of websites listed in the retrieving catalog, therefore, CLOUDWAVE assumes no responsibility for their correctness, legality and legitimacy.
7. Termination of Service
CLOUDWAVE may suspend or cease permanently service of Website CLOUDWAVE (or any part thereof) without prior notice. CLOUDWAVE assumes no responsibility for users or any third parties for the termination of service of website CLOUDWAVE. CLOUDWAVE may terminate a user’s visiting service as it deems appropriate if the user has actions of infringement.
8. General Terms and Conditions
Laws of the People’s Republic of China shall apply to the legal force, performance and construction of the Agreement and settlement of dispute. Any dispute in connection with conditions and terms of the Agreement shall be submitted to the court that has jurisdiction over the place where CLOUDWAVE network server is located. If one provision of these terms and conditions becomes invalid due to conflict with prevailing laws of the People’s Republic of China, the remaining conditions and terms shall not be affected and continue to be in force.