This Agreement is entered into by and between the end-user of the Software (hereinafter as the "User") and Wetoy Technology Co., Limited and its affiliates (hereinafter as "Wetoy") regarding the software license and services and other related matters, and You are strongly advised to carefully read this Agreement before using the Software.
Article 1. For purposes of strengthening the administration of mobile internet applications (“App”) information services, protecting the lawful rights and interests of citizens, legal persons and other organizations, and protecting national security and public interest, these Provisions are developed according to the Decision of the Standing Committee of the National People's Congress on Strengthening Network Information Protection and the Notice of the State Council on Authorizing the Cyberspace Administration of China to Be Responsible for the Administration of Internet Information Contents.
Article 2. Any person providing information services through App and App store services within the territory of China shall be governed by these Provisions.
For the purpose of these Provisions, “App” means internet applications that are obtained through pre-installation, downloading, and other ways, run in mobile intelligent terminals, and provide information services to users.
For the purpose of these Provisions, “App Provider” means the owner or operator of App that provides information services.
For the purpose of these Provisions, “App Store” means the platform that provide app browse, search, downloading, or development tools and product launching services.
Article 3. The Cyberspace Administration of China shall be responsible for the law enforcement of supervision and administration of the information contents of App nationwide. The local cyberspace administrations shall, according to their duties, be responsible for the law enforcement of supervision and administration of the information contents of App within their respective administrative regions.
Article 4. No App Provider or App Store Service Provider shall use App to engage any activity to comprise national security, disturb social order, infringe legitimate interests of others or any other activities prohibited by applicable laws and regulations, nor use App to produce, duplicate, publish and distribute any information content which is prohibited by laws and regulations.
Article 5. An App Provider shall strictly implement information safety management system and shall be bound to:
(1) carry out registered users' identity verification by using such means as the users' mobile phone numbers, based on the principle of "real name on the back-end, and voluntary choice on the front-end";
(2) establish and complete the protection mechanism of the users' information, collect and use the information in a legal, appropriate, and necessary way, and explicitly inform the users the purpose, method, and scope of information collection and use, and obtain the consent from the users;
(3) establish and complete the content review mechanism, and implement measures, such as warnings, function restriction, upgrading suspension, account closure, and save the records and report to the relevant authorities;
(4) protect the users' right of information and right of choice, during the installation and use of the App, and, without explicitly noticing the users and obtaining the users' consent, shall not turn on such functions as geolocation collection, access to the address book, camera, recording, or other functions unrelated to the App service, and shall not bundle and install other unrelated applications;
(5) respect and protect intellectual property rights, and shall not produce or release any APP infringing the intellectual property rights of others;
(6) record the user log, and keep such information for 60 days.
Article 6. An App Store Provider shall have the following management duties on the APP Providers:
(1) to conduct authenticity, security, and legality reviews on the App Providers, establish credit management system, and conduct categorized filings with their local provincial Internet Information Offices;
(2) to supervise and urge App Providers to protect users' information, provide and present to users complete notes on how the App will obtain and use the users' information;
(3) to supervise and urge App Providers to publish legitimate information, establish and complete security review mechanism, and stuff professionals compatible to the service scale;
(4) to supervise and urge App Providers to publish legitimate Apps, respect and protect the intellectual property right of App Providers.
For any App Provider violating the above provisions, the App Store is required to, based on the seriousness of the violation, take such measures as warning, publishing suspension, and App de-shelfing, and keep records and report to the authority in charge.
Article 7. The App Provider shall execute applicable service agreement with the App Store Provider to set forth their rights and obligations and to comply with applicable laws and regulations and relevant rules of the platforms.
Article 8. Each and every App Provider and App Store Provider shall cooperate with the supervision and inspection by relevant authorities and actively accept public supervision, and shall configure easy-access portal for reports and complaints and promptly process any report and complaint it receives.
1. Any content generated by User, such as chat message, audio message, video chat message and audio chat message, shall be subject to strict filtering mechanism for improper user data, and any offensive content generated during chatting shall be subject to severe measures to prevent such content from the User.
2. Any display content generated by User shall be dealt with by way of report, the scope of such report includes pornographic/vulgar content, advertising harassment, political sensitive materials, offenses and criminal activities, the user reported shall be added to the black list. Any report shall be seriously dealt with by applicable reviewer of the official site.
3. The User who filed report will not receive any chat message from the other party. We will carry out strict review on the report within 24 hours after receipt thereof, and will take severe steps against those reported via black list and communicate with the reporting user, any user who was in severe violation shall be blocked forever and forfeit its account.
4. Upon authentication V+ of any user, we may help the V+ User to attract more traffic, and when appropriate carry out promotion activities inside and outside the site to increase the exposure of the V+ User, for which the V+ User shall give its full cooperation for the mutual benefit of the parties. (This Agreement shall be subject to the ultimate interpretation of us)
Article 1 Special notes on the validity of this Agreement
1.1 The Software is owned by Wetoy, and You are required to accept all terms hereof to be an official user of the Software and be entitled to relevant services. Your registration for the Software shall be deemed as your acceptance of all terms and provisions hereof and willingness to be bound by relevant rights and obligations.
1.2 Your use of any of the services provided by the Software shall be deemed by default as your acceptance of applicable service rules, terms and agreement applicable to the Software.
1.3 Your registration for the use of the Software shall be deemed as your acknowledgment that the rights and obligations of the parties and relevant dispute arising out therefrom shall be subject to this Agreement and this Agreement shall remain effective unless otherwise provided by laws.
1.4 Upon registration for the use of the Software, it shall be deemed as your confirmation that you are competent and have the capacity to enjoy relevant data and information and other services provided by the Software, and that you are independently liable for such use.
Article 2 Ownership and Intellectual Property Rights of the Software
2.1 The title and intellectual property rights in and to all of the following items shall be owned by Wetoy:
2.11 The software platform and all of its elements, including without limitation to content, technologies, code, user interface etc..
2.12 Product uage data and statistics data provided by user during the use of the Software.
2.13 Feedback and any other information and feeds in relation to chatting as provided by User to the Software.
2.2 The uploading of any resources to the Software by User for the download, review, receive or the access or distribution of any content of any third party by User, shall require written permission of Wetoy.
2.3 Wetoy grants User the right to use the data and information resources mentioned above with the Software, any use without or beyond such permission shall be considered as violation, for which Wetoy has the right to terminate such permission any time in addition any other rights hereunder.
Article 3 Operation and Management of Software
3.1 Any content generated by User with the Software, such as audio or video chat message or other social message, shall be subject to strict filtering mechanism of Wetoy to restrict any improper user to use the Software, and if the chat or social activities of User violates relevant laws or in case of any breach of any undertakings and warranty of User, Wetoy will take severe measures to restrict or cut off the use of by User.
3.2 Certain content generated by User with the Software shall be dealt with by way of report, the scope of such report includes pornographic/vulgar content, advertising harassment, political sensitive materials, offenses and criminal activities etc.. Any report shall be reviewed and dealt with by applicable reviewer.
3.3 The User who filed report will not receive any chat message from the other party. Our reviewer will carry out strict review within 24 hours, and will implement black list against those reported and communicate with the reporting user, any user who was in severe violation shall be blocked forever and forfeit its account.
3.4 User acknowledges and agrees that Wetoy may issue notice of infringement to third party under applicable laws and regulations, and shall delete or restrict the access of any content alleged as infringing in the notice.
3.5 Upon receipt of the notice of infringement, User shall promptly delete or restrict the access of any content alleged as infringing in the notice, and meanwhile contact relevant parties to obtain relevant information.
Article 4 User's Warranties
4.1 It shall not obstruct the normal functioning of the Software or any part thereof in any way;
4.2 Without prior written consent of Wetoy, it shall not use any registered or unregistered service mark or registered trademark of Wetoy, written or graphic.
4.3 It shall not export any user information, and shall cease to use and delete any user information or other content within 24 hours after receipt thereof.
4.4 Without prior consent of user of the Software, it shall not display or furnish any user information to any person who is not an user of the Software.
4.5 It shall not request, collect, demand or otherwise obtain from any user login account, password or other access credentials for the software platform.
4.6 All personal information provided by User in the Software (including without limitation to name, gender, nation, age, ID number, occupation, contact info) are true, complete and valid.
4.7 In case of violation of any of such warranties, it shall accept any penalty imposed by Wetoy such as warning, blocking or even if disqualification; and it shall make full compensation for any losses suffered by Wetoy and its partners due to such violation.
Article 5 User's Undertakings
5.1 User undertakes that, during the use of the Software, it shall not:
5.11 Violate general principles set forth by Constitution;
5.12 Endanger national security, divulges national secrets, overthrows state political power and damages state integrity;
5.13 Impair state honor and interests;
5.14 Incite ethnic hatred, ethnic discrimination, and damages national solidarity;
5.15 Damage national religion policies, and promotes cult and superstition;
5.16 Spread rumors, disturbs social order and damages social stability;
5.17 Spread obscene, pornography, gamble, violence, murder, horror or incites criminal activities;
5.18 Insult or make defamatory comment to others, infringe legal interests of others;
5.19 Contain any content banned by laws and administrative regulations.
5.20 Impersonate any other to use their account and password to login and obtain any information generated by others, unless otherwise permitted.
5.21 In case of any breach of those undertakings, User is willing to be liable for full compensation and all other liabilities for any direct or indirect economic losses suffered by Wetoy and its partners.
6.1 Subscriber shall comply will all applicable laws, regulations and standards regarding privacy and confidentiality in the course of collection, use and storage of user related data.
6.2 To protect the privacy of user and enable user to control the access to its private data, Subscriber is prohibited from furnishing any data of the users of the Software it accessed or collected to any third party.
6.3 User hereby agrees to comply and shall not in any way circumvent any restrictions imposed by Wetoy for access to such kind of data and all privacy settings selected by user.
6.4 If requested by Wetoy, Subscriber shall promptly provide certain user information as requested to protect the lawful rights or properties of Subscriber, protect the safety of users or the public, prevent any fraudulent activity or to comply with laws or legal proceedings.
6.5 User fully understands and supports Wetoy's needs to collect user related information for technology development and statistics, provided that Wetoy shall not make available of such information to any third party.
6.6 Wetoy advises User to use the Software in non-public and secure internet environment, or it may lead to potential leak of private information, and Wetoy takes no liability of any kind for any leak of private information due to any internet security factor such as user's use of internet services, virus and hacking attacks.
Article 7 Disclaimer
7.1 Wetoy may in its sole discretion cease services, close user account, edit or remove any content, cancel any order in relation to the Software, without any liability to any user.
7.2 Wetoy may for any reason modify or upgrade its services with or without prior notice, and shall not bear any liability for any user for such modification, upgrade, restrictions, suspension or cessation.
7.3 Wetoy is not obligated to provide User with software support or upgrade, enhancement of or modification to any user service. User shall not raise any object if Wetoy at any time decides to provide support to User, which support may be terminated by Wetoy subsequently with or without prior notice or reason.
7.4 Wetoy or its users may keep the resources provided by User in certain space of certain websites or internet space, and Wetoy will not guarantee the access to such resources.
7.5 All issues related to the product's own quality, advertising and other issues, as well as the resulting civil and legal liabilities, are borne by the manufacturer itself. This platform only provides software control services for the manufacturer.
Article 8 Use by Minor
8.1 A minor is refused to access the content of the Software, and no registered user shall make available or display to any minor of any content of the Software.
8.2 For the better of the privacy of minors, we hereby remind User not to release any element involving minors. Any violation of this term will lead to restriction on the use of the Software, and we may demand full responsibilities against User for any losses so caused.
Article 9 Applicable Law
In case of any legal issues arising out of the use of the Software, either party may file lawsuit before any competent court in the PRC, which shall be governed by the laws and regulations of the PRC.