JOVEBIRD Terms of Service
Last update: 18th Aug, 2020
The JOVEBIRD platform hereby reminds you (or “user”): Please carefully read the Terms of Service (hereinafter referred to as the “Agreement”) and make sure that you fully understand the terms and conditions hereof before registration. Please review and choose to accept or not to accept the Agreement. You have no right to register, log in or use the Services under the Agreement unless you have read and accepted all the terms and conditions hereof. Your registration, login and use of the Services will be deemed as your acceptance and agreement to be bound by the terms and conditions hereof.
The Agreement defines the rights and obligations between the operator of the JOVEBIRD platform (i.e. Global Tone Communication Technology Co., Ltd. or GTCOM) and the users regarding the Services provided by the JOVEBIRD platform (hereinafter referred to as the “Services”). “User” herein refers to any natural person, legal person, or other organization that registers, logs in, or uses the Services. By concluding and entering into the Agreement in the capacity of a duly authorized representative of a company or other legal entity, you acknowledge that you have the right to bind the entity to comply with the terms and conditions of the Agreement. The Agreement may be updated at any time by the JOVEBIRD platform. The updated terms will replace the original ones once announced and will be promptly released on the webpage of the platform. Users shall immediately stop using the Services provided by the JOVEBIRD platform unless accepting the revised terms. Continuous use of the Services provided by the JOVEBIRD platform will be deemed as acceptance of the revised Agreement.
1-1. Before using the Services, users need to register for a JOVEBIRD account, which shall be bounded with an e-mail or mobile number that has not been bound to the JOVEBIRD account before.
1-2. The JOVEBIRD platform needs to collect personal information that can identify users during their registration and use of the Services so as to contact the users when necessary or provide them with better experience.
1-3. Users must have the civil capacity to conduct user acts as prescribed by the laws of the People’s Republic of China to register for the use of the Services. If users do not have the aforementioned appropriate capacity for civil conduct, users and their guardian shall bear all consequences arising therefrom in accordance with the law.
2-1. The Services provided by the JOVEBIRD platform are subject to change at any time according to the actual situation. Users will receive announcement or notice of such change released on the platform.
2-2. Users understand that the JOVEBIRD platform only provides related network services. Apart from the network services, the related equipment (such as personal computers, mobile phones, and other devices related to their access to the Internet or mobile network) and the costs required (such as the access charges for the Internet and the telephone bill for the mobile) shall be borne by users.
III Protection of Users’ Personal and Private Information
IV. Contents Regulations
4-1. Contents set forth in this Article refer to any contents produced, uploaded, copied, released, or spread by users when using the Services, including but not limited to registration information such as account profiles, names, user information, and other registration information and certificated information or words, and other contents generated when using the account or services.
4-2. Users shall not use their JOVEBIRD account or the Services to produce, upload, copy, release, or spread the following contents prohibited by laws, regulations, and policies:
(1) Contents that oppose the basic principle of the Constitution;
(2) Contents that endanger national security, divulge State secrets, subvert State power, or undermine State unity;
(3) Contents that impair State honor or interests;
(4) Contents that incite ethnic hatred or discrimination or undermine ethnic unity;
(5) Contents that break State religious policies or promote cults or feudal superstitions;
(6) Contents that spread rumors in order to disturb the social order and undermine social stability;
(7) Contents that spread obscenity, eroticism, gambling, violence, murder, terror or abet crimes;
(8) Contents that insult or slander others, or infringe upon others’ lawful rights and interests; or
(9) Contents that endanger social morality or national fine cultural tradition;
(10) Contents that infringe upon the patent rights, copyrights, trademark rights, reputation rights or any other legitimate rights of any other third party; and
V. Service Use Regulations
5-1. Any content produced by users when using the Services or through the Services does not reflect, represent, or be deemed as the opinion, stance, or policy of the JOVEBIRD platform. The JOVEBIRD platform is not liable for such content.
5-2. Users shall not use the JOVEBIRD platform account or the Services to:
(1) Create a number of fake accounts through technological means;
(2) Engage in any illegal or criminal activities;
(3) Produce or release methods or tools related to the aforementioned behaviors, or operate or spread such methods or tools, regardless of whether it is for commercial purposes; or
(4) Engage in other behaviors that break the law, infringe upon other users’ lawful rights and interests, or interfere with the normal operations of the JOVEBIRD platform, or behavior that has not been expressly authorized by the JOVEBIRD platform.
5-3. Users shall be fully responsible for the authenticity, legitimacy, innocuousness, accuracy and validity of messages conveyed through their JOVEBIRD platform account or the Services. Users shall bear the legal liabilities related to the messages they disseminate, and the JOVEBIRD platform will not be liable in this regard. Should there be any damage caused to the JOVEBIRD platform or a third party due to these messages, users shall be liable for compensation according to the law.
5-4. The Services provided by the JOVEBIRD platform may contain advertisements. Users agree to display the advertisements provided by the JOVEBIRD platform, third-party suppliers, and partners during use. Except as expressly prescribed by laws and regulations, users shall be solely responsible for transactions related to these advertisements. The JOVEBIRD platform assumes no liability for any loss or damage suffered by the users due to transactions related to the advertisements or contents provided by the aforesaid advertisers.
VI. Account Management
6-1. The JOVEBIRD platform shall possess the ownership of the JOVEBIRD account. Users obtain the right to use the JOVEBIRD account after completing the application procedures for registration. The initial applicant shall have the right to use the JOVEBIRD account and shall by no means grant, lend, rent, transfer or sell the account. The JOVEBIRD platform of GTCOM has the right to reclaim user’s JOVEBIRD account for business needs.
6-2. Users shall be liable for safekeeping their registered account information and password and solely liable for stolen account or lost password due to improper care of themselves. Users shall bear legal liabilities for the acts committed with the registered account or under the password. It is agreed by users that under no circumstances will they use other users’ accounts or passwords. It is also agreed by users to immediately notify the JOVEBIRD platform if they are suspicious of account theft or password theft.
6-3. Users shall abide by the terms and conditions hereof and use the Services in a proper way. In case of violation of any provisions hereof by users, the JOVEBIRD platform shall have the right to suspend or terminate the Services provided to JOVEBIRD account of users in breach after sending a notice. At the same time, the JOVEBIRD platform reserves the right to reclaim the JOVEBIRD account and user name at any time.
VII. Data Storage
7-1 The JOVEBIRD platform is not liable for users’ failure in data deletion or storage when accessing the Services.
7-2. The JOVEBIRD platform can decide, at its sole discretion, the maximum storage life of data obtained from the Services according to actual situation, and may allocate the largest storage space on the server. Users may back up relevant data obtained from the Services according to their own needs.
7-3. The JOVEBIRD platform may permanently delete users’ data if they stop using the Services or the Services are terminated. After the Services are stopped or terminated, the JOVEBIRD platform has no obligation to return any data to the users.
VIII. Risk Undertaking
8-1. Users understand and agree that the JOVEBIRD platform reserves the right to unilaterally change, suspend, terminate or cancel the contents of the Services in part or in full due to business needs, and users shall undertake such risk.
8-2. If any violation of the Agreement or improper use of the Services is found by users, a prompt report or complaint can be submitted to the JOVEBIRD platform for processing in accordance with the provisions hereof.
IX. Statement on Intellectual Property Rights
9-1. Unless otherwise stated, the copyrights, patent rights, and other intellectual property rights of the software on which the JOVEBIRD platform provides the Services belong to the JOVEBIRD platform. No one shall, without the permission of GTCOM, use (as well as monitor, copy, spread, display, mirror, upload, or download through programs or equipment including but not limited to any robot, crawler, etc.) the contents of the JOVEBIRD platform and related services, or create related derivative works.
9-2. The copyrights or trademark rights of the images, words, or other components related to the Services, as well as logos, products and names of the Services (hereinafter jointly referred to as the “JOVEBIRD platform identities”), belong to the JOVEBIRD platform. Users shall not display, use, or handle the JOVEBIRD platform identities in any way without the prior written consent of the JOVEBIRD platform; nor shall they indicate to others that users have the right to display, use, or handle the JOVEBIRD platform identities.
9-3. The aforementioned and any other intellectual property rights legally owned by the JOVEBIRD platform or relevant advertisers are protected by law. Users shall not use or create relevant derivative works in any way without the written consent of the JOVEBIRD platform or relevant advertisers.
9-4. Users know, understand and agree that for continual service improvement and better user experience, the application scope of contents (including but not limited to words, pictures, images, audio, video and/or music, sound, and dialogue in audio) uploaded, released, transmitted or spread through the JOVEBIRD platform and related services, and non-exclusive global rights (including but not limited to right of reproduction, right of communication through information network, and right of compilation) authorized to the company, its affiliated companies, controlling companies and successor companies free of charge, shall not be restricted to the current or other inherited websites, apps, or products.
X. Legal Liabilities
10-1. The JOVEBIRD platform has the right to examine and delete relevant content (including but not limited to user data) if it discovers or receives reports or complaints from others about the user’s violation of this Agreement; the JOVEBIRD platform will punish (including but not limited to warning, banning the ID, banning the equipment, and banning the function) the account according to the seriousness of the infraction, and will inform the user of the decision.
10-2. Users understand and agree that the JOVEBIRD platform has the right to punish the behavior that violates relevant laws and regulations or the Agreement based on sound judgment. The JOVEBIRD platform also maintains the right to take appropriate legal action and report relevant information to related authorities in accordance with laws and regulations. Users shall bear all legal liabilities arising therefrom.
10-3. Users understand and agree that they shall indemnify and hold harmless the JOVEBIRD platform, its cooperative corporations, and affiliated companies from and against all third-party claims, liability, or damages, including reasonable attorney’s fees, in the case that they violate the Agreement.
XI. Force Majeure and Other Disclaimer
11-1. Users understand and confirm that risks such as force majeure may interrupt the Services during use. Force majeure refers to unforeseeable, insurmountable, and unavoidable objective events that have a significant impact on either Party or both Parties, including but not limited to such natural disasters as floods, earthquakes, plagues, and storms, and such social events as wars, turmoil, and government actions. In the case of the aforementioned situations, the JOVEBIRD platform team will attempt to coordinate with relevant institutions in a timely manner to restore service. Consequences for losses to users or any third party arising therefrom, however, shall not be borne by the JOVEBIRD platform and its cooperative corporations within the scope permitted by law.
11-2. Like most Internet services, the Services may be influenced by factors such as users, network service quality, and social environment, and be harassed by various security issues. For example, the user’s information may be used by others, which may become a disturbance in real life; other software downloaded and installed by the users or other websites visited by the users may have Trojan viruses, which may threaten the safety of users’ computer information and data, and may further influence the normal use of the Services. Users shall strive to prevent information and user data from loss or harassment.
11-3. Users understand and acknowledge that the Services may be interrupted or not be able to meet users’ needs due to force majeure, computer viruses, hacker attacks, unstable systems, user location, shutdown, or other reasons regarding technology, the Internet, and the communication lines. Therefore, the consequences of losses to any user or third party arising therefrom shall not be borne by the JOVEBIRD platform.
11-4. Users understand and acknowledge that the JOVEBIRD platform assumes no liability for any loss suffered by any user or third party caused by misleading, deceptive, threatening, scandalous, offensive, or illegal information, or by any anonymous or pseudonymous information and behavior accompanying such information that violates the rights of others from any other person when using the Services.
11-5. Users understand and acknowledge that the JOVEBIRD platform shall perform overhauls or maintenance on the platform or relevant equipment regularly or irregularly. The JOVEBIRD platform assumes no liability for service interruptions arising therefrom within a reasonable timeframe, provided that a prior notice is given.
11-6. The JOVEBIRD platform obtains the right to deal with illegal behavior or default content according to the provisions of laws, regulations and the Agreement. This right, however, does not constitute a compulsory commitment to discover illegal behaviors or default content in any timely fashion or deal with it.
11-7. Users understand and confirm that the JOVEBIRD platform assumes no liability for any quality defects in the following products or services or any loss arising therefrom:
(1) Services provided by the JOVEBIRD platform for free; or
(2) Any product or service presented as gift by the JOVEBIRD platform.
11-8. The JOVEBIRD platform shall not be liable for any indirect, consequential, punitive, accidental, specific, or penal damages under any circumstances, including any loss of profits caused when users use the JOVEBIRD or its services (even when the JOVEBIRD platform has already been informed of the possibility of any such loss). Notwithstanding any provisions to the contrary herein, all liabilities borne by the JOVEBIRD platform to the users, regardless of the causes or way of acts, shall, by no means, exceed charges (if any) paid to the JOVEBIRD platform for its provision of the Services by the users.
11-9. The JOVEBIRD platform will not guarantee or assume any liability for the authenticity or validity of the contents, advertisements, services, and product information on third-party websites or resources links provided on the JOVEBIRD platform.
XII. Change, Interruption or Termination of the Services
12-1. Users agree that the JOVEBIRD platform has the right to change, interrupt, or terminate parts of or the entirety of its Services (including charged services) due to the uniqueness of web services. The JOVEBIRD platform shall inform the users via announcements or notifications of the platform before the change, interruption, or termination. If the user unsubscribes the JOVEBIRD account or if the JOVEBIRD platform terminates the Services but the user has made payment to the JOVEBIRD platform, the JOVEBIRD platform will refund the user the balance of payment after deducting the corresponding fee according to the user’s actual use of the Services.
12-2. In case of occurrence of any of the following circumstances, the JOVEBIRD platform reserves the right to change, suspend or terminate the free services or paid services provided to users and is exempt from any liability to users or any third party:
(1) The information provided by users shall be authentic in accordance with law, but the personal data provided by users is false or inconsistent with the registered information without reasonable documentation;
(2) Users violate the relevant laws and regulations or the provisions hereof;
(3) It is required by laws or the competent authorities; or
(4) It is required for security reasons or other requisite situations.
13-1. The JOVEBIRD platform reminds users to pay attention to the terms and conditions that exempt the JOVEBIRD platform from liability and limit the rights of users in the Agreement. Users shall read them carefully and weigh the risks.
13-2. The validity, interpretation and resolution of disputes of the Agreement shall be governed under the laws of the People’s Republic of China. Any dispute arising between the users and the JOVEBIRD platform shall be settled through friendly consultation. If no agreement is reached, users agree to submit the dispute or controversy to the people’s court that has jurisdiction over the place where the JOVEBIRD platform is located.
13-3. In the case that any term or condition in the Agreement is or becomes invalid or unenforceable for whatever reason, the others are still in effect and binding upon the Parties.
13-4. The JOVEBIRD platform and related services may be subject to change and update from time to time in order to provide users with better services or to comply with the adjustment in laws, regulations and policies of the State. The Agreement will be revised in from time to time, and the amendments shall constitute a part of the Agreement. The update version will be released on the JOVEBIRD platform once it is revised. An announcement will be made on the JOVEBIRD official website before the revised terms take effect to keep users updated on the latest version of the Agreement. Users may also refer to the latest version of the Agreement on the website page. Continuous use of the JOVEBIRD platform and related services will be deemed as acceptance of the revised Agreement.
13-5. If the users have any objection to the revised agreement terms, they shall immediately stop logging in or using the JOVEBIRD platform and related services. Continuous login of the JOVEBIRD platform or use of the related services will be deemed as acceptance of the revised agreement terms.
13-6. The terms set out herein may not fully cover all the rights and obligations of GTCOM and users. The privacy policies, statements and regulations released by the JOVEBIRD platform shall be deemed as supplementary agreements hereto and shall constitute an integral part of the Agreement with the same legal force.