User Agreement
You are welcome to register an Zmbizi account, access our web pages or use our products or services! Before you access our web pages, and experience or use our products or services, please carefully read and understand this User Agreement (the “Agreement”). Once you check the box which indicates that you have agreed to the contents of this Agreement, and click the “Register” button, or continue to access our web pages and use our products or services, you will be deemed to have read and accepted this Agreement, and this Agreement will be legally binding and constitute a legal document which regulates the rights and obligations between you and Zmbizi Technology (Shenzhen) Co., Ltd. and its affiliated companies (hereinafter referred to as “Zmbizi or “we” or “us”) when you use our products or services. This Agreement shall apply to only Zmbizi’s website, community and other products and services, which display or are linked to this Agreement.
I. Agreement Overview
1.1 The main contents contained herein include: the registration and use of account, intellectual property rights and privacy protection, termination of services, liability exemption, legal liability, application of law, jurisdiction, information feedback, notification service, etc. When registering a Zmbizi account, and accessing or using our products or services, you shall also comply with our other related agreements (if any), for example, ZmbiziPrivacy Policy, Use of Cookies,Term of Sales, Community Terms and Rules, etc. If you refuse to accept the contents contained herein, please not click the “Register” button, nor access or experience or use in any other way our products or services.
1.2 You know and agree that this Agreement may be amended by Zmbizi, but such amendments are aimed at providing better services to you or is made in accordance with mandatory provisions of laws and regulations. Occassionally, amendments to the wording of this Agreement may be made in order to enhance the legibility. If any material amendment is made to this Agreement, which reduces or abridges your rights or interests, Zmbizi will notify you via the contact details you have provided or through public announcement. If, after receiving the above amendment notification, you continue to use Zmbizi’s products or services, you will be deemed to have known such amendment and agree to be bound by the terms thereof.
1.3 Our products and services are mainly targeted at adults. If you are a minor, please experience or use our products and services with the consent of your parent or legal guardian.
II. Registration and Use of Zmbizi Account
2.1 Zmbizi account refers to the identification tool which is owned and managed by Zmbizi and which is used for verifying the identity of, and providing services to, the user. As a registered user, you only have the right to use the Zmbizi account registered in your own name. You may access our web pages and experience our products and services without the need to register an Zmbizi, but you can enjoy more services and experiences by registering for a Zmbizi account. For example, you can receive the latest information on Zmbizi; participate in Zmbizi activities; upload your personal photos; share comments and feedback; and purchase Zmbizi goods through your Zmbizi account.
2.2 You warrant that information you have provided when registering your Zmbizi account is accurate, truthful, legal, and valid and belongs solely to you. If any of the above information changes after you have registered for your Zmbizi account, you will be responsible for logging into your Zmbizi account to update your information in a timely manner.
2.3 Your Zmbizi account serves as verification to enable you to experience the services on the Zmbizi platform. You must safeguard your Zmbizi account details and password. If the password to your Zmbizi account is lost, you can contact us and retrieve your password. If you find that another person is using your Zmbizi account without your permission, please notify us immediately. We will work with you to address such problems so as to avoid or mitigate any loss.
2.4 When using your Zmbizi account, in addition to local, regional and national laws and regulations, you shall act in a way that is consistent with public morality and common decency. You shall not take any actions, or cause any actions to be taken, which infringe upon the lawful rights and interests of any third party. Further, you may not use your Zmbizi account to advertise; sell goods or services; or engage in any other commercial activities. You shall be responsible for all acts related to your Zmbizi account, unless you are able to provide contrary evidence demonstrating that such acts were not carried out by you.
2.5 You agree that when you use your Zmbizi account to receive services provided by Zmbizi, Zmbizi, or any of Zmbizi’s third party partners, is permitted to send any commercial or non-commercial information to the contact details you have provided or directly through the Zmbizi account in a manner consistent with applicable law.
2.6 Fees: you need to use a mobile phone, computer or other terminal devices to connect to the Internet before you can use your Zmbizi account. In the process, you may be required to pay network connection fees, mobile phone data fees, or other expenses. If you purchase goods through your Zmbizi account, you will likely be required to make payment though a third party payment provider such as a credit card or other financial services provider, which may charge you a fee. You will be responsible for any such fees.
III. Intellectual Property Rights and Privacy Protection
3.1 All intellectual property rights in the Zmbizi website, including but not limited to copyright to the software, and any imagery, shall vest solely with Zmbizi. The intellectual property rights of the whole contents of Zmbizi’s network platform and Zmbizi account shall be owned by Zmbizi, except for the contents to which you enjoy copyright under relevant law. Zmbizi owns or has obtained legal authorization of all design drawings involved in Zmbizi network platform and Zmbizi account and other drawings, products, and service names. Without Zmbizi’s prior written consent, you may not duplicate, issue, exhibit, translate, compile, or through information network spread, the above drawings, products, and service names, or use the same for any purposes.
3.2 You shall own all intellectual property rights in the words, pictures, music, videos, software and other information published you have uploaded using your Zmbizi account while using Zmbizi services. You hereby agree to grant to Zmbizi a non-exclusive, perpetual, irrevocable right to use (including but not limited to the rights to duplicate, issue, exhibit, translate, compile, or spread through information network, etc.) the above information. You further agree that Zmbizi may sublicense such rights. If you discover that there is any unsigned works on the Zmbizi platform, and you are the author or rightholder please promptly contact us. We will consider your request and properly deal with such problem as quickly as possible.
3.3 You warrant that you are the copyright owner of or have obtained legal authorization of the information published and uploaded by you by using your Zmbizi account at the time of your use of Zmbizi services, and such information will not infringe upon the lawful rights and interests of any third party. If any third party raises a lawful and reasonable objection to the above information,
Zmbizi reserves the right to delete relevant information based on the circumstances, and take appropriate legal action to hold you accountable.
3.4 Zmbizi values your privacy. We will make every reasonable endeavor to protect your privacy. In the course of your use of you Zmbizi account, we may collect, store, dispose, share, and use your personal information and non-personal information. Any matter related to privacy protection shall be addressed in accordance with Zmbizi’s Privacy Policy.
IV. Service Termination
4.1 In order to make full use of the resources available through your Zmbizi account, if you fail to activate your Zmbizi account after submitting your information; fail to initially login and use your Zmbizi account in a timely manner after registering your Zmbizi account; or fail to log in and use your Zmbizi account within designated continuous period of time; or violate the terms of this Agreement, Zmbizi shall have the right to terminate the use of your Zmbizi account and discountinue its provision of services to you.
4.2 You understand and agree that Zmbizi shall have the right to temporarily or permanently terminate all or part of the services at any time in accordance with its own business needs. If such termination materially affects your rights or interests, Zmbizi will provide you with written notice via the contact details you have provided. You shall take proper measures to address any virtual property involved in your Zmbizi account within seven (7) working days of the receipt of the above notice. If you fail to do so in accordance with the methods prescribed by Zmbizi in a timely manner, you shall solely assume all related liabilities.
V. Disclaimer
5.1 Zmbizi explicitly disclaims all warranties with respect to the accuracy, truthfulness, and completeness of any information contained on the Zmbizi website.. If you intend to take any actions based on the above “information”, you shall be solely responsible for distinguishing the accuracy and truthfulness of such information and shall be responsible for taking reasonable measures to mitigate any such risk. Zmbizi shall not be responsible for the consequences arising from your acts. When receiving the services from Zmbizi, you may come into contact with uncomfortable or offensive information. In no event shall Zmbizi be liable for any such information. However, Zmbizi will deal with the said information as soon as practicable possible upon discovery. Zmbizi shall not be held liable for any losses or damages arising from or relating to your use of the website not directly associated with Zmbizi, whether direct, indirect, accidental, special, consequential, or punitive.
5.2 Given the special nature of Internet services, you understand and agree that under none of the following circumstances shall Zmbizi be held liable for your losses (including but not limited to property loss, earning loss, loss of data, etc., or other intangible losses):
If Zmbizi system fails and cannot normally operate due to an event of force majeure, including but not limited to an earthquake, tsunami, typhoon, flood, coup, war, terrorist attack, sudden power failure, strike of workers, etc.;
If the services provided by Zmbizi platform are suspended or delayed due to hacker attack, computer virus, Trojan Horse and/or any other malicious programs;
If the services provided by Zmbizi platform are suspended or delayed due to technical adjustments or malfunctions, or system maintenance, etc. of telecommunication departments and network operators;
If the services provided by Zmbizi platform are delayed, suspended or terminated due to the change of laws and regulations, or order and ruling of judicial authorities, administrative organs and other departments, etc.;
If you suffer losses due to your use of your Zmbizi account in violation of relevant provisions, or you use your account improperly.
VI. Liability for Breach of Contract
6.1 If Zmbizi finds or receives complaints or reports from others that you have violated any provisions of this Agreement, Zmbizi shall, without prior notice, have the right to at any time delete and shield the relevant information you have published or uploaded. Depending on severity of circumstances, Zmbizi reserves the right to impose punishment against you, including but not limited to warning, restriction on, or prohibition of, your use of all or part of functions, account closure until account cancellation, or other appropriate actions such as providing public warnings. You shall solely be held responsible for any related losses
6.2 If your acts cause losses to Zmbizi, including but not limited to direct losses, reputation losess, third party penalties, claims, etc., Zmbizi shall have the right to seek indemnity from your for any such losses it has experienced.
6.3 If any dispute between you and a third party occurs due to your violation of the provisions of this Agreement, you shall be solely responsible for all related consequences, and indemnify and hold Zmbizi harmless. In such a case, Zmbizi has no obligation to assist you in settling such dispute and you shall not involve Zmbizi in any such settlement.
6.4 Limitation on Liability: For any loss (regardless of the type of loss) you suffer for whatever reason in the course of your use of your Zmbizi account, in no event shall Zmbizi be held liable for damages in excess of the price you have paid to Zmbizi, unless otherwise expressly provided for under applicable laws or regulations.
VII. Applicable Law and Dispute Resolution
7.1 Any issue arising from or relating to this Agreement,, including its execution, performance or lack thereof, interpretation, or the settlement of related disputes shall be governed by the laws of the People's Republic of China, without regard to the conflict of law provisions. If there is any conflict between a provision of this Agreement and laws and regulations, the laws and regulations shall prevail. If a provision of this Agreement is held invalid, the validity of the remaining provisions hereof shall not be affected.
7.2 Any dispute arising from the performance of this Agreement shall be settled by the Parties through friendly consultation. If no settlement can be reached through friendly consultation, either Party may bring a claim before a court of competent jurisdiction in the place where defendant is located.
VIII. Information Feedback
8.1 Any important from Zmbizi may be sent to you via the e-mail, mobile phone number, mailing address and other contact details you provided when you registered your Zmbizi account, or by publishing such information through the Zmbizi platform. Information sent by electronic communication modes shall be deemed as effectively given at the time received on your electronic equipment. Information sent by courier shall be deemed as effectively given on the third (3rd) day after it is sent by courier service.
8.2 If you have any opinions, advice or doubts with respect to this Agreement or our products or services, please provide us with feedback regarding the same at any time. Our contact information is as follows:
E-mail Address: [email protected]
(The remainder of this Page is intentionally left blank) Update: November 27, 2019