KungFu Academy User Service Agreement
Updated: August 22, 2023
Effective Date: August 22, 2023
Introduction
Dear Users,
Thank you very much for registering to use KungFu Academy products, in order to allow you to better use the products and services provided by KungFu Academy, please be sure to carefully read and fully understand the terms of the KungFu Academy User Service Agreement (hereinafter referred to as the "User Agreement" or "this Agreement"), especially the terms of exemption or limitation of liability, and choose to accept or not accept. The limitations and disclaimers in this Agreement may be reminded in bold.
After confirming that you fully understand and agree, you can use KungFu Academy's products or services. When you start using KungFu Academy's products or services, it means that you fully understand and agree to this Agreement. In the process of reading this agreement and using KungFu Academy's products or services, if you do not agree to any of the terms of this agreement, please stop using KungFu Academy's products or services immediately.
This Agreement contains the following:
1. Scope of the Agreement
2. Introduction to KungFu products and services
3. E-commerce Services
4. KungFu Member Services
5. Intellectual Property Notice
6. Protection of users' personal information and network security
7. User Accounts, Passwords and Security
8. KungFu usage specifications
9. Disclaimer of Warranties
10. Change, Discontinuance or Termination of Products/Services
11. Terms of Use for Minors
12. Liability for Breach of Contract
13. Governing Law and Dispute Resolution
14. Other Provisions
1. Scope of the Agreement
1.1 KungFu Academy App (hereinafter collectively referred to as "KungFu Products") is an Internet product and service provided by Xiamen Maritime Oasis Technology Co., Ltd. (hereinafter referred to as "KungFu" or "we") in Fujian Province, China.
1.2 This User Agreement is an agreement between the User (you) and KungFu regarding the use of the products and services provided by KungFu, the terms of this Agreement shall be valid for all products and services provided by KungFu, and the User shall be bound by this Agreement when enjoying any individual services of KungFu.
1.3 The products and services under this Agreement refer to Internet products and services published by KungFu, including but not limited to online media, Internet value-added, interactive entertainment, e-commerce, smart hardware and advertising, etc. (in the form of course videos, comments, posts, pictures, software, technical codes, etc.).
1.4 The content of this Agreement includes both the Privacy Policy and all the rules, announcements or notices that KungFu has issued or may issue in the future, and when you use a specific product or service of KungFu, there may be separate agreements, relevant service rules, etc., and the aforementioned rules, announcements, notices and agreements are an integral part of this Agreement once published, and you shall also abide by them. If you do not agree to the provisions of this Agreement, you shall immediately stop registration/activation and stop using KungFu's related products and services.
1.5 KungFu has the right to amend this Agreement and/or various rules (including but not limited to making new terms and modifying existing terms) from time to time as necessary, and to announce the changes by means of online announcements. If you continue to use KungFu's products or services after the revision of the foregoing announcement, you are deemed to have read, understood and accepted the revised agreement and rules. If you do not agree to the amendments, you should immediately stop using the products and services provided by KungFu.
1.6 Except as expressly provided in this Agreement, KungFu has the right to regulate the products and services developed/released by KungFu on the basis of this Agreement through a separate product and service agreement (hereinafter referred to as the "Single Product Agreement"), and the User must separately understand and confirm when using the relevant products or services. In the event of any conflict between the individual product agreement and this agreement, the single product agreement shall prevail. If the user uses the product or service, it is deemed to be the acceptance of the relevant individual product agreement.
2. Introduction to KungFu products and services
2.1 KungFu provides users with a variety of Internet products and services, including but not limited to Kung Fu course teaching, community socialization, e-commerce and other related products, users can use, share and purchase the products and services provided by KungFu through KungFu products. Users have the right to receive products and services provided by KungFu, but KungFu has the right to charge fees for services or products arising therefrom.
2.2 KungFu will try its best to provide unimpeded online services, but the network access services of the platform may be blocked, restricted or terminated due to various factors, and we will not be responsible for any losses and inconveniences caused to you.
2.3 Some products and services provided by KungFu are subject to payment, and users need to pay a certain fee to KungFu to use such products. For paid products and services, we will give users a clear prompt before use, and only when users confirm their willingness to pay relevant fees according to the prompts can users use/continue to use such paid products and services. If the User refuses to pay the relevant fees, KungFu has the right not to provide such fee-based products and services to the User.
2.4 KungFu only provides online products and services, except for the equipment related to network services (such as mobile phones, personal computers, and other devices related to access to the Internet or mobile network) and the required expenses (such as telephone and Internet charges paid for access to the Internet, mobile phone charges paid for the use of mobile networks) shall be borne by the user.
2.5 Replacements, modifications, and upgrades of KungFu:
2.5.1 In order to enhance the user experience and improve the service content, KungFu has the right to develop new services based on your use status and behavior of the software;
2.5.2 In order to improve, enhance and further develop the Services, KungFu has the right to provide software updates (including software upgrades, replacements, modifications, functional enhancements, version upgrades, etc.) from time to time;
2.5.3 The User understands and agrees that KungFu has the right to update KungFu without special notice to you, or to change or restrict some functions of KungFu.
2.5.4 After the release of a new version of KungFu, the old version may not be available. KungFu does not guarantee that the previous version of KungFu and the corresponding services will continue to be available. In order to fully and timely use KungFu's services, please check and download the latest version at any time.
2.6 Third-Party Applications and Services
KungFu products provide functional modules that support third-party applications for users to use, including but not limited to tool services, video or image services, etc., as well as various services that may appear in the future. When using such applications, users shall comply with the provisions of this Agreement and the corresponding agreements, terms or rules of such applications. The rights and obligations between users and developers shall be implemented in accordance with relevant agreements, terms or rules. When using the software and services provided by third parties, the user understands and agrees that:
2.6.1 When the user uses the applications and services provided by the third-party developer, the third-party developer will obtain the user's personal information and content information according to the user's authorization. These materials and information are authorized to third parties at the user's discretion. The rules and norms for the processing of personal information when you use third-party applications and services shall be subject to the content of the Privacy Policy. The user must be aware that your authorization to a third party to obtain your personal data and content information may lead to the risk of information leakage; When you use the third-party services, in addition to complying with this Agreement and other relevant rules of KungFu, you should also abide by the third-party agreements and relevant rules. KungFu shall not be liable for any disputes, losses or damages arising from third-party software and related services, which shall be resolved by you and the third party.
2.6.2 The purpose of introducing third-party services by KungFu is to enrich KungFu products and create a better service experience for users. However, the liability arising from defects or errors in third-party services shall be borne by the third party itself and shall not be related to KungFu. Of course, KungFu will review or audit the services provided by third parties, but based on the professionalism of the services, it is inevitable that there will be omissions. Third-party service providers are not exempt from liability for KungFu's review or audit omissions.
2.6.3 KungFu has the right to review and manage the applications provided by third-party developers, and has the right to remove third-party applications without notifying users, and KungFu will not be liable for the impact and losses caused to users, which shall be borne by the users themselves or negotiate with the third party, but KungFu will try its best to protect the rights and interests of users from infringement.
2.6.4 When logging in with a third-party application, the user may choose to authorize KungFu to read and obtain the public information (including nickname, avatar, region, gender, contact email) published and recorded by you on the third-party platform on the premise of complying with relevant laws and regulations. We need your authorization to obtain the above information from third parties in order to remember your login identity as a KungFu user. After you register or log in with a third-party account, your third-party account will be bound to your KungFu account.
2.6.5 Any dispute between the user and the third-party developer due to the use of the third-party application shall be resolved through negotiation between the user and the developer, and the relevant responsibilities and compensation shall be borne by the developer alone, and KungFu shall not assume any responsibility.
2.7 Complaints and suggestions about advertising
If users have suggestions and comments on advertisements (including pop-up ads) in the KungFu APP, please contact KungFu in the following ways:
Contact email: [email protected].
3. E-commerce services (not yet online).
In order to meet the user's demand for fitness peripheral products, KungFu may provide e-commerce services to users. The products sold by KungFu are self-operated. Product information can be browsed, inquired and purchased in the KungFu App store.
3.1 Product Information
Product information such as product price, quantity, performance introduction, and availability may change at any time, and KungFu does not make special notice, so users are requested to check by themselves on the product sales page. We will do our best to ensure the accuracy of the product information you browse, but due to the wide variety of goods and the large number of commodity information, coupled with the existence of objective reasons such as Internet technical factors, the information displayed on this site may have a certain lag or error, please know and understand this situation. KungFu welcomes error correction and will give certain rewards to error correctors as appropriate.
3.2 Orders
3.2.1 When you place an order, please carefully confirm the name, price, quantity, model, specification, size, consignee, telephone number, delivery address and other information of the purchased goods. If the consignee is inconsistent with you, the consignee's act and expression of intention shall be regarded as your act and expression of intent, and you shall be jointly and severally liable for the legal consequences of the consignee's act and expression of intent. By submitting an order, you are responsible for the accuracy of the ordered goods, delivery address and other information confirmed in the order. If we (or the delivery company entrusted by us) deliver the goods to a consignee other than your intention due to the wrong information such as the contact phone number and address of the consignee you fill in, you shall bear the losses caused thereby.
3.2.2 If you order goods through KungFu, the information such as the goods and prices displayed by KungFu products is only an invitation to make an offer, and your order will become an offer to order goods. After receiving your order, we will ship it to you in a timely manner, and only when we send you an email or SMS confirming the shipment to inform you that we have dispatched the goods you have ordered will constitute our acceptance of your order and the order contract between you and us will be formed. If you order more than one item in one order and we only send you a shipping confirmation email or SMS for some of them, the order contract between us and you is only concluded for that part of the item.
3.2.3 Due to market changes and various factors that are difficult to control with reasonable commercial efforts, if the goods you intend to purchase are out of stock or out of stock at any purchase stage, you have the right to cancel the order.
3.2.4 In order to reward the support of users, we will issue some coupons or vouchers to users from time to time, and the number and usage rules of the above coupons or vouchers shall be determined by KungFu at its sole discretion. You have the right to use coupons or vouchers when shopping on this site in accordance with the rules of use of coupons or vouchers, and it is strictly forbidden to resell KungFu coupons or vouchers or use KungFu accounts for other business activities.
3.2.5 For questions related to payment forms, product returns and exchanges, after-sales service, etc., please check on the product sales page or go to "Help Center - Mall". If you encounter any problems during the purchase process, you can send an email to [email protected], and our customer service staff will contact you in time and help you solve the problem.
3.3 Delivery
3.3.1 We will deliver the goods (goods) to the delivery address you specified, and all the delivery times listed on this site and notified by customer service are reference time, and the calculation of reference time is estimated on the basis of comprehensive consideration of inventory status, normal processing process and delivery time, and delivery location. Please be aware and understand that the reference time may differ from the actual delivery time.
3.3.2 KungFu shall not be liable for delay in delivery due to the delay or inability to deliver orders due to the following circumstances:
(1) Caused by incorrect information provided by the user, incomplete address, etc.;
(2) No one signs for delivery after the goods are delivered, resulting in inability to deliver or delay in delivery;
(3) caused by factors that change the situation;
(4) Caused by force majeure factors, such as: natural disasters, traffic martial law, sudden war, etc.
4. KungFu Member Services
4.1 Member Services means the special services enjoyed by KungFu Members, hereinafter referred to as "Members". This includes free unlimited access to educational courses during the membership period and other membership benefits expressed by KungFu. When the user activates the membership service, the user shall pay the corresponding membership service fee in accordance with the fee standard published by KungFu. Based on the development of the business, KungFu has the right to adjust the fee schedule, and the adjusted fee standard will take effect from the date of publication.
4.2 The User acknowledges and confirms that after activating the Membership Service, if you cancel the Service or terminate your qualification in the middle of the process, KungFu will not refund the Membership Service fee you have paid.
4.3 In the process of using the membership services, you should be a natural person, legal person or other organization with full capacity for civil rights and full capacity for civil conduct. If you do not have the aforementioned qualifications, you and your guardian shall bear all the consequences arising therefrom, and KungFu has the right to recover compensation from your guardian.
4.4 You acknowledge and agree that KungFu has the right to send you information about member-related activities through email, app private messages, etc.
4.5 You confirm that the membership service is only for your own use, and at the same time, you warrant that you will use the member service reasonably, will not use the member service to make illegal profits, will not transfer the member service you enjoy in any form, and will not lend the membership service you enjoy to others in any form, if KungFu has reasonable grounds to suspect that you have misused the membership service, KungFu has the right to cancel your membership and not refund the membership service fee paid by you. The relevant liabilities and losses arising therefrom shall be borne by you, and KungFu reserves the right to recover from you for any losses caused to KungFu.
4.6 KungFu reserves the right to decide at its sole discretion whether to accept your membership service application, adjust the content of membership services, cancel membership qualifications, etc. to the extent permitted by laws and regulations.
5. Intellectual Property Notice
5.1 KungFu shall enjoy all legal rights (including but not limited to intellectual property rights and proprietary rights) to KungFu Products in accordance with the law. All copyrights and all other intellectual property rights of KungFu, as well as all information and content related to KungFu, including but not limited to: text expressions and their combinations, icons, decorations, icons, color combinations, interface design, layout frames, related data, printed materials, or electronic documents, etc., are protected by China's intellectual property laws and regulations and relevant international treaties.
5.2 All rights to KungFu Products and videos, pictures, texts and other products and information provided through KungFu Products belong to KungFu, except for those uploaded by the user himself or clearly indicated as provided by third parties.
5.3 "KungFu", "K" and/or other KungFu product and service logos embodied in KungFu products are trademarks or registered trademarks of KungFu in China or other countries and regions, and users may not use them without legal authorization.
5.4 KungFu owns patents, patent applications, trademarks, copyrights and other intellectual property rights in relation to KungFu products and related services. KungFu does not grant the User any intellectual property rights related to KungFu as a result of this Agreement or for providing KungFu and related products and services to the User. Rights not expressly granted to Users in this Agreement are reserved by KungFu.
6. Protection of users' personal information and network security
Protecting users' personal information is a fundamental principle of KungFu. You know, understand and agree that the processing of users' personal information may be involved in the process of our services. KungFu will comply with this Agreement and the Privacy Policy processing your personal information. The protection provisions of this Agreement on the protection of personal information are the same as those of the Privacy Policy If there is a conflict, and this Agreement does not expressly provide for the protection of personal information, the Privacy Policy shall prevail. We hope to adopt the Privacy Policy tells you clearly about the handling of users' personal information, so it is recommended that you read the Privacy Policy to help you better protect your personal information.
6.1 You may need to fill in some necessary information during the process of registering an account or using KungFu products and services. If there are special provisions in national laws and regulations, you need to fill in the real identity information. If the information you fill in is incomplete, you may not be able to use KungFu's products or services, or you may be restricted in the process of use. For detailed provisions on the processing of your personal information, please refer to the Privacy Policy 》。 You shall be fully responsible for the authenticity, legality and validity of the registered information in KungFu, and shall not impersonate others; Do not post any information in the name of others; Do not maliciously use the registered account to cause other users to misidentify it; Otherwise, KungFu has the right to immediately stop providing services, withdraw its account and assume all legal liabilities arising therefrom.
6.2 You can view and modify the information you submit at any time, but for security and identification reasons (such as account appeal services), you may not be able to modify some of the initial registration information and other verification information provided during registration. KungFu reserves the right to review your correction of personal information. For details on your rights to your personal information, please refer to thePrivacy Policy》。
6.3 In principle, KungFu will not transfer the control of your personal information to other companies, organizations or individuals. In the event of a merger, acquisition or bankruptcy liquidation, the transfer of personal information will be involved, and we will process your personal information in accordance with the Privacy Policy .
6.4 KungFu attaches great importance to the protection of minors' information. If you are a minor under the age of 18, before using KungFu's services, please carefully read and understand this User Agreement under the supervision and guidance of your parents or guardians, and use our services or provide us with information with the consent of your parents or guardians. If you violate laws and regulations and the content of this agreement, you and your guardian shall bear all the consequences arising therefrom in accordance with the law.
6.5 Network Security
KungFu's servers are located in the People's Republic of China, and KungFu's management and operation takes place in Xiamen, People's Republic of China.
KungFu may contain links to other independent third parties, KungFu, which are provided solely as a convenience to visitors to KungFu. KungFu does not provide any express or implied warranty for the content, services, information, etc. of the link, and such link is not deemed to be a recommendation, endorsement or authorization of the link by KungFu, and you need to carefully judge the interaction with such link.
The network connection between you and KungFu, the security and confidentiality of data transmission are affected by the technology used by you and the telecom operator you use, or other external factors other than KungFu, although KungFu has adopted a prudent internal security management system and operating procedures and technical measures to prevent computer viruses, network attacks, network intrusions and other behaviors that endanger network security, the information and data you send to KungFu may still be intercepted by others. KungFu cannot guarantee the security and confidentiality of the network connection, data transmission between you and KungFu.
7. User Account, Password and Security
7.1 Eligibility for Registration
You need to register to start using KungFu products and related services.
You acknowledge that when you complete the registration process or actually use the products and services provided by KungFu in other ways permitted by KungFu, you shall be a natural person, legal person or other organization with full capacity for civil rights and full capacity for civil conduct. If you do not have the aforementioned qualifications, you and your guardian shall bear all the consequences arising therefrom, and KungFu has the right to cancel or permanently freeze your account, and reserves the right to claim compensation from you or your guardian.
Persons with incomplete civil capacity, such as minors under the age of 18, should use KungFu's products and services under the guidance of their legal guardians.
7.2 Registration and Account
7.2.1 In order to fully use the products and services provided by KungFu, you must register for an account provided by KungFu. When registering a KungFu account, the user (you) shall be responsible for the authenticity, legality, validity and completeness of the information provided, and maintain and update your personal information in a timely manner to ensure the truthfulness, legality and validity of the information.
7.2.2 The ownership and related rights and interests of your registered account in KungFu belong to the company, and you only have the right to use the account after completing the registration procedures. Your account is for your own use only and you are prohibited from donating, borrowing, renting, transferring, selling or otherwise permitting others to use your account in any form without the written consent of KungFu. If KungFu discovers or has reasonable grounds to believe that the user is not the initial registrant of the account, KungFu has the right to temporarily or terminate the provision of services to the registered account, and has the right to cancel the account without legal liability to the user who registered the account.
7.3 KungFu hereby reminds you to protect your account and verification code, and do not disclose your account number and verification codeTo others. You are solely responsible for keeping your account and password confidential, and you must be responsible for all activities that occur under your account and password (including but not limited to information disclosure, information release, online click to agree or submit various rules and agreements, online renewal agreements or purchase services, etc.). KungFu cannot and will not be liable for any loss incurred as a result of your failure to comply with the provisions of these Terms. If you become aware of any unauthorized use of your account and password, you must notify KungFu immediately. You can send an email to [email protected] to make your request. You understand and agree that it takes reasonable time for KungFu to act on your request and that KungFu shall not be liable for any adverse consequences that have arisen prior to taking action. Account theft and loss due to malicious attacks by others or your own reasons or other force majeure factors shall be your own responsibility, and KungFu shall not be liable for any responsibility.
7.4 You can set a nickname for your account, and the nickname you set must not infringe or be suspected of infringing on the legitimate rights and interests of others. The user undertakes to comply with the following when setting a nickname:
(1) Not registering with the real names, trade names, stage names, or pen names of party and state leaders or other celebrities;
(2) not registered in the name of a state agency or other agency;
(3) Do not register accounts with uncivilized or unhealthy names, or containing discriminatory, insulting, or obscene words;
(4) Do not register accounts that are likely to cause ambiguity, cause misunderstanding by others or other laws and regulations.
If the nickname you set is suspected of infringing the legitimate rights and interests of others, KungFu has the right to terminate the provision of some or all of the software services to you. KungFu does not assume any responsibility for this, and you will be liable for any direct or indirect losses and adverse consequences arising therefrom.
7.5 If you do not log in to use the account for two consecutive years after registering your account, KungFu has the right to recycle the user nickname or user account within the scope permitted by laws and regulations to avoid waste of resources, and the adverse consequences caused thereby shall be borne by you.
7.6 User Logout
If you have carefully decided to abandon your KungFu account and meet all the cancellation conditions stipulated by KungFu, you can log in to the upper left corner of the KungFu APP - "Settings" - "Cancel Account" to cancel your account. When you cancel your account, we will delete or anonymize your personal information. Once the KungFu account is cancelled, it cannot be recovered, please back up all information and data related to the KungFu account before operation. Please keep the transaction vouchers, bills and other information of the goods and services ordered, otherwise you may have to pay additional account and order inquiry fees, or you may not be able to enjoy after-sales service. KungFu will not be liable for any adverse effects on you due to the cancellation of your account.
8. KungFu usage specifications
8.1 Users shall be responsible for their own online behavior, including full responsibility for the content (including text, comments, posts, bullet screens, pictures, video content, software products, etc.) they publish, upload or transmit. Users undertake that any content published on the KungFu Platform complies with the laws, regulations, rules and regulations of the People's Republic of China and the KungFu Management Specifications. KungFu has the right to remove any content posted by users that does not comply with the management regulations without liability.
8.2 KungFu is committed to creating a civilized, rational, friendly and high-quality community communication environment. When users use functions such as comments, posts, and bullet screens, they must perform real-name authentication in accordance with relevant laws and regulations, otherwise, you will not be able to use the above functions. When using comments and other related functions, you need to strictly abide by the relevant national laws and regulations. While promoting the development of business such as post comments, KungFu continuously strengthens corresponding information security management capabilities, improves self-discipline in post comments, earnestly fulfills social responsibilities, abides by national laws and regulations, respects the legitimate rights and interests of citizens, and respects social order and good customs.
8.3 The User undertakes that in the process of using KungFu products and services (including but not limited to: text, comments, posts, pictures, video content, software products, etc.), the User shall consciously abide by laws and regulations, and shall not publish, reprint, or transmit content containing any of the following contents, otherwise KungFu has the right to deal with it by itself without notifying the User. Users must not post the following information:
(1) Opposition to the basic principles established by the Constitution of the People's Republic of China;
(2) Endangering national security and leaking state secrets;
(3) Subverting state power, overthrowing the socialist system, inciting separatism, and undermining national unity;
(4) Damage to national honor and interests;
(5) Advocating terrorism or extremism;
(6) Advocating ethnic hatred, ethnic discrimination, and undermining ethnic unity;
(7) Inciting regional discrimination or regional hatred;
(8) Undermining the state's religious policy and promoting cults and superstitions;
(9) Fabricating or spreading rumors or false information, disrupting social order and undermining social stability;
(10) Spreading or disseminating obscenity, pornography, gambling, violence, murder, terror or instigating crimes;
(11) Endangering network security or using the network to engage in activities that endanger national security, honor and interests;
(12) Insulting or slandering others, infringing on the legitimate rights and interests of others;
(13) Violence, intimidation, threats, or doxxing of others;
(14) Involving the privacy, personal information or materials of others;
(15) Spreading obscene language and harming social order and good customs;
(16) Content that infringes upon the lawful rights and interests of others such as privacy, reputation rights, portrait rights, intellectual property rights, etc.;
(17) Distribute commercial advertisements, or similar commercial solicitations, excessive marketing messages and spam;
(18) Comments in languages other than the commonly used language of this website;
(19) has nothing to do with the information commented on;
(20) The published information is meaningless, or deliberately uses a combination of characters to evade technical review;
(21) Infringing upon the lawful rights and interests of minors or harming minors' physical and mental health;
(22) Secretly photographing or recording others without their permission, infringing on the lawful rights of others;
(23) Content that contains terror, violence and gore, high risk, or endangers the physical and mental health of the performer or others, including but not limited to the following circumstances:
1) Any violent and/or self-injurious behavior;
2) Any content that threatens life and health, uses knives and other dangerous equipment to perform and endangers the personal and/or property rights of oneself or others;
3) Content that encourages or induces others to participate in dangerous or illegal activities that may cause personal injury or death.
(24) Other information that violates laws, regulations, policies and public order and good customs, interferes with the normal operation of KungFu or infringes the legitimate rights and interests of other users or third parties.
8.4 When using KungFu products and services, the User undertakes and complies with the following provisions:
(1) All behaviors implemented shall comply with the provisions and requirements of national laws, regulations and other normative documents and KungFu rules, and shall not violate the public interest or public morality, do not harm the legitimate rights and interests of others, and do not violate the relevant rules of this agreement.
(2) Do not publish product or service information prohibited by the state or suspected of infringing the intellectual property rights or other legitimate rights and interests of others, do not publish product or service information that violates the public interest or public morality or KungFu deems inappropriate for publishing on KungFu, and do not publish other information suspected of violating the law or violating this agreement and various rules.
(3) Unless otherwise agreed between the user and KungFu, the user shall not make commercial use of any data/materials in KungFu, including but not limited to using all materials or courses displayed in KungFu in any way without the prior written consent of KungFu.
(4) not use any device, software or program to interfere or attempt to interfere with the normal operation of KungFu or any transactions and activities being conducted on the KungFu platform.
(5) Except as otherwise mandatory by law, without the express special written permission of KungFu, no unit or individual shall illegally copy, reprint, quote, link, scrape or otherwise use the information content in KungFu products in whole or in part in any way, otherwise, KungFu has the right to pursue its legal responsibility.
8.5 User Conduct Requirements
You shall be responsible for your use of KungFu products and related services, unless permitted by law or with the prior written permission of KungFu, your use of KungFu products and related services shall not perform the following acts:
8.5.1 Use any unauthorized or licensed plug-ins, plug-ins, systems or third-party tools to interfere with, destroy, modify or otherwise affect the normal operation of KungFu products and related services.
8.5.2 Use or carry out any behavior that endangers the network security of KungFu products and related services, including but not limited to:
(1) Activities that endanger network security, such as illegally intruding into the network, interfering with the normal function of the network, stealing network data, etc.;
(2) Providing programs and tools specifically used to engage in activities that endanger network security, such as intruding into the network, interfering with the normal functions and protective measures of the network, and stealing network data;
(3) Knowing that others are engaged in activities that endanger network security, provide them with technical support, advertising promotion, payment and settlement, and other assistance;
(4) Use unauthorized data or access unauthorized servers/accounts;
(5) Entering the public computer network or other people's computer systems without permission and deleting, modifying, or adding stored information;
(6) Attempting to probe, scan, test the weakness of KungFu's system or network or other acts that undermine network security without permission;
(7) Attempting to interfere with or disrupt the normal operation of KungFu's system or website, intentionally spreading malicious programs or viruses, and other behaviors that disrupt and interfere with normal network information services;
(8) Forging TCP/IP packet names or partial names;
(9) reverse engineer, disassemble, compile or otherwise attempt to discover the source code of KungFu products and related services;
(10) Malicious registration of KungFu accounts, including but not limited to frequent and batch registration of accounts;
(11) Violations of laws and regulations, this agreement, relevant rules of the company, and other acts that infringe on the legitimate rights and interests of others.
8.5.3 If KungFu has reason to believe that your behavior violates or may violate the above agreement, KungFu may independently judge and deal with it, and has the right to terminate the provision of services to you at any time without prior notice, and pursue relevant responsibilities according to law.
8.6 KungFu Information Content Applicable Specifications
8.6.1 Without the written permission of KungFu, you shall not do the following by yourself or authorize, allow or assist any third party to perform the following acts on the information content in KungFu products and related services:
(1) Copying, reading, and adopting the information content of KungFu products and related services for commercial purposes including but not limited to publicity, increasing the number of views, etc.;
(2) Editing, arranging and arranging the information content of KungFu products and related services without authorization and displaying them on channels other than the source pages of KungFu products and related services;
(3) Using any form of identification methods including but not limited to special logos, special codes, etc., to generate traffic, reading volume guidance, transfer, hijacking and other adverse effects on the information content of KungFu products and related services, either by themselves or by assisting third parties;
(4) Other acts of illegally obtaining or using the information content of KungFu products and related services.
8.6.2 With the written permission of KungFu, the user's sharing and forwarding of the information content of KungFu products and related services shall also comply with the following specifications:
(1) Without the prior written consent of KungFu, the above data shall not be published, provided, or leaked to any third party in any way without the prior written consent of KungFu;
(2) Do not make any changes to the source pages of KungFu products and related services in any form, including but not limited to home page links, advertising system links and other entrances of KungFu products and related services, nor obstruct the display of the source pages of KungFu products and related services in any form;
(3) Safe, effective and strict measures shall be taken to prevent the information content of KungFu products and related services from being illegally obtained by third parties through any form including but not limited to "spider" programs;
(4) The relevant data content shall not be used for any form of sale and commercial use for purposes other than those permitted by KungFu in writing, or to be disclosed, provided or permitted to be used by third parties in any way.
(5) The user's behavior of sharing, forwarding and copying the information content of KungFu products and related services to any third party shall also comply with other specifications and standards of KungFu products, such asCommunity Convention》、《Community normsand related agreements for other functions of KungFu.
8.7 With the written permission of KungFu, the user's sharing, forwarding and other behaviors of information and content of KungFu products and related services shall also comply with the following specifications:
(1) Do not make any changes to the source pages of KungFu products and related services in any form, including but not limited to the homepage link entry of KungFu products and related services, nor obstruct the display of the source pages of KungFu products and related services in any form;
(2) Safe, effective and strict measures shall be taken to prevent the information content of KungFu products and related services from being illegally obtained by third parties through any form including but not limited to "spider" programs;
(3) The relevant data content shall not be used for any purpose other than the written permission of KungFu, for any form of sale and commercial use, or to disclose, provide or allow third parties to use it in any way.
8.8 The User fully understands and agrees that:
(1) If the user violates the aforementioned commitments and specifications and causes any legal consequences, the user shall independently bear all legal responsibilities in his own name and ensure that KungFu is free from any losses or increased expenses arising therefrom.
(2) If the user violates the law or the provisions of this agreement and causes KungFu to be claimed by a third party, the user shall fully compensate KungFu for all expenses (including but not limited to various compensation fees, litigation agency fees and other reasonable expenses incurred for this).
(3) When a third party believes that the content/products (including but not limited to videos, pictures, text, applications, software, etc.) published or uploaded by the user infringe its rights, or the effective legal documents of the national administrative and judicial authorities confirm that you have violated the law or infringement, or KungFu believes that your behavior violates the provisions of national laws and regulations or is suspected of violating the terms of this agreement based on its own judgment, KungFu has the right to delete the relevant information at its own discretion and publish your suspected violation of the law on KungFu or the website/ Breach of Contract and Action against You.
(4) If you find that the content posted by users in KungFu (including but not limited to pictures, videos, text works, etc.) infringes your prior rights, you can report it through the help center customer service feedback or send an email to [email protected].
(5) For the works and content (including but not limited to pictures, videos, written works, portraits, music, etc.) uploaded, posted and stored by the user in KungFu, the user guarantees that it has legal copyright/copyright or corresponding authorization for such works, and the user agrees to grant KungFu a worldwide, free, irrevocable, indefinite, transferable non-exclusive license to all the above works and content, KungFu has the right to display, distribute and promote the foregoing, and has the right to reproduce, modify, publish, distribute and otherwise use the aforesaid content in any form or authorize third parties to reproduce, modify, publish, distribute and otherwise use. KungFu may use the aforementioned works and content for its own promotional or other legitimate purposes, if you do not agree to license KungFu for use, please also contact us by emailing [email protected].
(6) KungFu has the right to delete the content and products that users are suspected of violating the law, breach of contract or infringing the legal rights of others on KungFu without notice, and does not assume any responsibility.
9. Disclaimer of Warranties
9.1 The User understands and agrees that in the process of using KungFu services, it may encounter risk factors such as force majeure, which may cause interruption and delay of the Services. Force majeure refers to objective events that cannot be foreseen, overcome, and cannot be avoided and have a significant impact on one or both parties, including but not limited to natural disasters (such as floods, typhoons, earthquakes, etc.), social events (such as war, riots, government actions), etc., when the above circumstances occur, KungFu will strive to repair the products and services, but the losses caused to you are exempted from liability to the extent permitted by law.
9.2 To the extent permitted by law, KungFu shall not be liable for the termination or interruption of the Service caused by:
(1) Damaged by computer viruses, Trojan horses or other malicious programs or hacker attacks;
(2) failure of the user's or KungFu's computer software, systems, hardware and communication lines;
(3) Improper operation by the user;
(4) The User uses the Service in a manner not authorized by KungFu;
(5) Other circumstances beyond KungFu's control or reasonably foreseeable.
9.3 Users understand and agree that in the process of using KungFu products and services, they may encounter risks and damages caused by network information or other users, and KungFu is not responsible for the authenticity, applicability and legality of any information or products, nor is it responsible for the damage caused to you due to infringement. These risks include, but are not limited to:
(1) Information from others that is anonymous or pseudonymous and contains threatening, defamatory, offensive or illegal content;
(2) Any psychological, physical and economic damage caused or likely to be caused or may be caused by others due to the use of products or services under this agreement.
9.4 KungFu has the right to deal with illegal or illegal content, products or services in accordance with this Agreement, but this right does not constitute KungFu's obligations and commitments, and KungFu does not guarantee timely detection and corresponding processing.
9.5 For a single product or service provided to you by a single product operator through KungFu, the individual product operator shall independently assume all responsibilities and obligations related to the product or service, and other KungFu shall not assume any responsibility and liability for this.
9.6 You may choose to use your third-party payment account and bound bank card for payment at KungFu, and you understand and confirm that the payment service is provided by a legally qualified third party to the user, and in addition to being bound by this KungFu User Agreement, it is also subject to the terms and policies of the third-party payment service provider and financial institution. If you need to use KungFu payment related services, you must read and abide by the KungFu payment related service agreement. The terms and conditions of use of such payment services are determined by you and the payment service provider, and KungFu does not assume any responsibility for such payment service or financial institution.
10. Change, Discontinuance or Termination of Products/Services
10.1 The User shall standardize and legally use KungFu and the Services, if the User publishes information that is illegal, contrary to social morality or contrary to this Agreement, or violates relevant laws and regulations or this Agreement, KungFu has the right to take the following measures:
(1) Directly delete content that violates laws and regulations or this agreement;
(2) Suspend or restrict your right to use KungFu and its products and services, including but not limited to restricting your use of some or all of KungFu's functions and products, services, etc.;
(3) terminate your right to use KungFu;
(4) Recycle your account, and have the right to prohibit you from applying for or obtaining a new account through other means;
(5) Pursue your legal responsibility according to law and claim corresponding damages.
10.2 KungFu has the right to suspend, change or terminate KungFu products or some of their functions according to business development needs, and has the right to decide whether (continue) to provide certain products and services in KungFu; KungFu is not obliged to notify users of the foregoing situation.
10.3 Unless otherwise provided by law, the user is responsible for backing up the data stored in KungFu by himself, and if the user's service is terminated, KungFu has the right to permanently delete all your relevant data in KungFu from the server, and has no obligation to return or provide the aforementioned data to you in any form.
10.4 You may enable and use individual or specific services in the KungFu Products. Some individual services may require you to accept both a specific agreement or other rules governing you and the service provider. KungFu will provide these agreements, rules and regulations in a conspicuous manner for your review. Once you start using the above services, it is deemed that you are bound by the relevant agreements and rules for individual services.
11. Terms of Use for Minors
11.1 If you are a minor under the age of 18, you should carefully read and agree to this Agreement under the guardianship and guidance of your guardian and obtain the consent of your guardian before you can use KungFu products and related services. If you do not obtain the consent of the guardian, the guardian can notify the platform to process the relevant account through the platform's public channel, and the platform has the right to restrict the functions and use of the relevant account, including but not limited to the browsing function.
11.2 KungFu attaches great importance to the protection of minors' personal information, and minor users should strengthen their awareness of personal protection and treat it with caution when filling in personal information, and should obtain the consent of their guardians and use KungFu products and related services correctly under the guidance of their guardians.
11.3 Minor users and their guardians understand and confirm that if you violate laws and regulations and the content of this Agreement, you and your guardians shall bear all legal liabilities that may arise in accordance with the law.
11.4 Special notice for minor users
11.5.1 Minors using KungFu products and related services should correctly learn to use the Internet within a reasonable scope under the supervision and guidance of their guardians, avoid indulging in virtual cyberspace, and develop good Internet habits.
11.5.2 In order to better protect the privacy rights and interests of minors, the Company specially reminds you to carefully publish content containing minors' materials, once published, it is deemed that you have obtained the consent of the right holder to display the portrait, voice and other information of minors in KungFu products and related services, and allow the Company to use and process such content related to minors in accordance with this Agreement.
11.6 Special Notice to Guardians
11.6.1 If your ward uses KungFu products and related services, you, as a guardian, shall guide and supervise the registration and use of the ward, and if your ward applies for the registration of a KungFu account, the company will have the right to consider that it has obtained your consent.
12. Liability for Breach of Contract
12.1 For the user's violation of this Agreement or other terms of service, KungFu has the right to independently judge and take measures such as advance warning, refusal to publish, immediately stop transmitting information, delete followers, restrict some or all functions of the account and permanently close the account. KungFu has the right to announce the processing results and has the right to decide whether to resume use according to the actual situation. Relevant records will be kept for suspected violations of laws and regulations, suspected violations and crimes, and reported to the relevant competent departments in accordance with law, and cooperate with the relevant competent departments in their investigations.
12.2 If a third-party complaint or litigation claim is caused by the User's violation of this Agreement or other terms of service, the User shall bear all legal responsibilities by himself. If KungFu and its affiliates and controlling companies compensate any third party or suffer punishment from state authorities due to the user's illegal or breach of contract, the user shall also fully compensate KungFu, its affiliates and controlling companies for all losses suffered as a result.
12.3 KungFu respects and protects the legitimate rights and interests of users and others such as intellectual property rights, reputation rights, name rights, and privacy rights. You warrant that the text, pictures, videos, audio, links, etc. uploaded when using KungFu products and related services do not infringe the intellectual property rights, reputation rights, name rights, privacy rights and other rights and legitimate rights and interests of any third party. Otherwise, KungFu has the right to remove the allegedly infringing content upon receipt of notification from the right party or related party. For all claims made by third parties, you shall handle them yourself and bear all legal liabilities that may arise therefrom; If KungFu and its affiliates, controlling companies and successor companies suffer losses (including but not limited to economic, goodwill, etc.) due to your infringement, you shall also fully compensate KungFu and its affiliates, controlling companies and successor companies for all losses suffered.
13. Governing Law and Dispute Resolution
13.1 This Agreement is signed in Chaoyang District, Beijing, People's Republic of China.
13.2 The establishment, entry into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the mainland of the People's Republic of China (excluding conflict of laws).
13.3 If any dispute or controversy arises between you and the KungFu Operator, you should first resolve it through friendly negotiation; If the negotiation fails, you agree to submit the dispute or controversy to the Xiamen Arbitration Commission of Fujian Province of the People's Republic of China for arbitration in Xiamen. The arbitral award shall be final and binding on the parties.
14. Other Provisions
14.1 If any provision of this Agreement is partially invalid or unenforceable for any reason, it will not affect the binding force of the remaining provisions of this Agreement on the parties.
14.2 The headings of the terms of this Agreement are for convenience only and are not intended as a basis for interpreting the terms of this Agreement.