Welcome to use Lanxin Service!
Notice: Before using the Lanxin Services, you shall carefully read and comply with Lanxin Term of Service (the “Agreement”) and the Lanxin Privacy Policy. Please carefully read and fully understand the terms hereof and thereof, especially the terms exempting or limiting the Lanxin’s liabilities, and terms on dispute resolution and governing laws.
By entering your information according to the instructions on the registration page, reading and accepting this Agreement, and completing all registration procedures, you represent that you have fully read, understood and accepted all terms hereof, and this Agreement shall be legally binding.
I. Parties
This Agreement is entered into by and between Lanxin Mobile (Beijing) Technology Co., Ltd. (hereinafter referred to as "Lanxin", "we" or "the Company") and users (hereinafter referred to as "users" or "you") who use Lanxin services through such means as its website, mobile client, PC application software and hardware.
II. Contents and Effect of this Agreement
1. The contents of this Agreement include the main body hereof and all privacy policies, other policies, rules, statements, notices, warnings, alerts and instructions published or to be published by us (“Rules”). Such Rules are an integral part of this Agreement and shall have the same legal effect as the main body hereof.
2. Lanxin has the right to formulate and modify this Agreement and related rules at any time as required. The modified agreement and rules will be notified to you in the form of announcement seven (7) days in advance on the official website of Lanxin (www.lanxin.cn) and shall replace the original agreement and rules as soon as the announcement is issued. If you do not agree to the relevant changes, please immediately stop using Lanxin services; if you continue to use Lanxin services or conduct any website activities, you shall be regarded to accept the modified agreement and rules.
III. Scope of Services
1. Lanxin products and services include its official website (domain name: lanxin.cn) and Lanxin client. This Agreement shall not apply to services provided by other third parties directly to you through the aforementioned website or Lanxin client (collectively referred to as the "third party services").
2. Lanxin has the right to change, upgrade, modify and transfer the service or any part of the service and its related functions and applications at its sole discretion, and make public notices on its official website (domain name: lanxin.cn).
IV. Registration and Account Management
1. You hereby acknowledge that when you complete the registration procedures and use the Services, you are a natural person, legal person or other organization that has full capacity for civil rights and for civil conducts conducted by you. If you are not such an eligible User, please do not use the Services; otherwise, you and your guardian shall bear all consequences arising therefrom and Lanxin has the right to close (permanently freeze) your account and claim loses and damages to Lanxin against you and/or your guardian. If you registration or actually use the Services in such manners as permitted by Lanxin on behalf of a company, organization or other legal entity, you hereby represent and warrant that you have been duly authorized and have the right to make such company, organization or legal entity bound by the terms of this Agreement.
2. At the time of registration, You may use your cellphone number for account registration, you undertake to submit true, accurate, complete identity information and other relevant information reflecting your current conditions and the Lanxin will automatically assign a Lanxin ID to you. You may set the Lanxin ID. You understand and agree that the account name registered and Lanxin ID, icon, profile and other information set by you shall not include any illegal or offensive information, and that you shall not pretend to be others, or register for others without his/her consent, or register confusingly similar account or set confusingly similar Lanxin ID, or use user names that may infringe upon interests of others (including but not limited to potential infringement upon trademark right or right of reputation); otherwise,Lanxin has the right to reject your registration or terminate the provision of Services to you and cancel your account and Lanxin ID, with any and all losses incurred therefrom solely borne by you.
3. You understand and agree that the ownership of registered Lanxin account (including account on client and Service administrator account) shall belong to Lanxin and you only have the right to use such account upon completion of registration. The right to use Lanxin account shall only be vested in the original applicant for registration and shall not be transferred or provided to others in any manner; otherwise, Lanxin has the right to repossess such account immediately without further notice and any and all losses caused by deletion and loss of all data and information generated during your use of the Services shall be solely borne by you.
4. Upon your successful registration, you will be identified and authorized to log in according to your mobile number. You shall properly keep your terminal, account name and password and be liable for all activities (including but not limited to clicking “Accept” for or submitting various Rules and agreements online, purchasing Services, sharing information or image, initiating conference call) carried out by using such account and password. You undertake to notify Lanxin immediately if your password or account is used without authorization or in case of any other security incident, and except for otherwise stipulated by laws, you agree and acknowledge that Lanxin will not be liable for any direct or indirect loss or damages caused under such circumstance.
5. If You deregistration the Lanxin account and stop using Lanxin Service, Lanxin has the right to dispose of the contents/data and information relevant with the account, including but not limited to deletion of the same; if the account is an administrator account, Lanxin has the right to cancel and delete such administrator account and all information and relevant rights and interests of the members in its contact list formed on the basis of this enterprise, including but not limited to terminating its service relationship with the Company, organization and other legal entity, deleting the contact list of the Company, organization and other legal entity, canceling the rights and interests of the members in the contact list in connection with the Company, organization and other legal entity , deleting all information in the administrator account, and deleting all information of members in the contact list of the Company, organization and other legal entity formed on the basis of such enterprise. Meanwhile, You and/or your company/organization is obliged to cancel the above mentioned company/organization’s data and/or information.
V. Service Use Regulations
1. Information Content Specification
1.1 The information content mentioned in this article refers to any content produced, duplicated, published and disseminated by the user in the course of using this software and service, including but not limited to registration information such as picture, name and user description of Lanxin account, text, voice, picture, etc. in releases, replies, announcements and related link pages, as well as other content generated by using Lanxin account or this software and service.
1.2 The users understand and agree that Lanxin has been committed to providing users with a civilized, healthy, standardized and orderly network environment. You may not use Lanxin account or this software and services to produce, duplicate, publish or disseminate the following contents that interfere with the normal operation of Lanxin software and infringe on the legitimate rights and interests of other users or third parties, including but not limited to:
1.2.1 It is not allowed to publish, transmit, disseminate or store any contents that are prohibited by national laws and regulations:
(1) Violating the basic principles established by the Constitution;
(2) Jeopardizes national security, divulges national secrets, subverts state power, or sabotages national unity;
(3) Damages the national honor and interest;
(4) Incites ethnic hatred or discrimination, or undermines ethnic solidarity;
(5) Violates the national religious policies, or propagates evil cults or superstition;
(6) Spreads rumors, disturbs public order, or sabotages social stability;
(7) Encourages obscenity, eroticism, gambling, violence, terror or instigates crimes;
(8) Insults or defames others, or infringes upon the lawful rights and interests of others;
(9) Inciting illegal assemblies, associations, processions, demonstrations and crowds to disturb public order;
(10) Acting in the name of illegal non-governmental organizations;
(11) Failing to comply with the Interim Provisions on the Development and Management of Instant Communication Tools for Public Information Service, or to abide by the requirements of "seven bottom lines", i.e., laws and regulations, socialist system, national interests, legitimate interests of citizens, public order, social morality and information authenticity;
(12) Containing other contents prohibited by laws or administrative regulations.
1.2.2 It is not allowed to publish, transmit, disseminate or store any content that infringes upon legal rights of others, e.g., right of reputation, right of portrait, intellectual property and trade secret.
1.2.3 It is not allowed to publish, transmit, disseminate or store any content related to privacy, personal information or data of others.
1.2.4 It is not allowed to publish, transmit or disseminate harassing information, advertising information, over-marketing information, spam information, or any content containing pornographic information or sexual implications.
1.2.5 It is not allowed to publish, transmit, disseminate or store any other content that violates laws and regulations, policies, public order, good customs and social morality, interferes with the normal operation of Lanxin or infringes on the legitimate rights and interests of other users or third parties.
2. Software Usage Specification
2.1 Unless permitted by law or by Lanxin in writing, the users shall not engage in the following behaviors during the use of the software:
(1) Deleting the copyright information in this software and its copies;
(2) Conducting reverse engineering, disassembling or decompiling of this software, or trying to find the source code of this software in other ways;
(3) Using, renting, lending, copying, modifying, linking, reprinting, compiling, publishing or setting up mirror sites for the intellectual property rights of Lanxin;
(4) Copying, modifying, adding, deleting or connecting the software or the data released into the memory of any terminal during the running of the software, the interactive data between client and server during the running of the software, and the system data necessary for the running of the software, or creating any derivative works, including but not limited to access to the software and related systems by using plug-ins or third-party tools/services not authorized by Lanxin;
(5) Adding, deleting, reducing or altering application functions or effects by modifying or fabricating directives and data in its running process, or operating or distributing to the public the software and methods applied for the above purposes, whether for commercial purposes or not;
(6) Logging in to or using the application and Services via any third-party software, plug-in or system that is not developed or authorized by Lanxin, or producing, publishing or spreading above tools;
(7) Disrupting the application or its components, modules and data on your own or by authorizing others or through using third-party software.
(8) Other acts not expressly authorized by Lanxin.
2.2 The users understand and agree that Lanxin has the right to choose the service objects, determine the function settings, and decide the object and scope of the function opening, data interface and related data disclosure based on the comprehensive factors including user experience, operation security of Lanxin or related service platforms, requirements of platform rules and healthy development. If any of following situations occurs in the behavior of users, Lanxin has the right to suspend or terminate the provision of this service, including but not limited to:
(1) Violating laws and regulations, provisions of this Agreement or other management requirements of Lanxin;
(2) Being engaged in behaviors that affect the service experience of the software;
(3) Potential safety hazards in the continued use, including but not limited to those situations that pose potential safety hazards to users themselves, personal/property safety of third parties, or public security.
3. Service Operation Specification
Unless permitted by law or by Lanxin in writing, the users shall not engage in any of the following activities during the use of the service:
(1) Submitting or publishing false information, or pretending to be or taking advantage of the name of others;
(2) Inducing other users to click on the linking page or share information;
(3) Fabricating facts or concealing the truth to mislead or deceive others;
(4) Infringing upon the legitimate rights and interests of others, such as the right of reputation, the right of portrait, intellectual property and trade secrets;
(5) Using Lanxin account and any related function for promotion or mutual promotion without the written permission of Lanxin;
(6) Conducting any illegal and criminal activities with Lanxin account, or the software and services;
(7) Producing, publishing, operating or disseminating methods and tools related to the above behaviors, no matter whether they are for commercial purposes or not;
(8) Other acts violating the provisions of laws and regulations, infringing on the legitimate rights and interests of other users, interfering with the normal operation of products or not expressly authorized by Lanxin.
4. Be Responsible for Own Behaviors
The users fully understand and agree that they need to be responsible for all own behaviors in Lanxin account, including any content published by them and any consequences arising therefrom. The users shall make their own judgment on the content of the service and bear all risks arising from the use of the content, including the risks arising from the dependence on the correctness, integrity or practicability of the content. Lanxin cannot and will not be liable for any loss or damage caused by the above risks.
5. Handling of Violation
5.1 If Lanxin finds or receives a report or complaint that the user has violated this Agreement, Lanxin has the right to delete or block the relevant content at any time without notice, impose penalties according to the circumstances, including but not limited to warnings, restrictions or prohibitions on the use of part or all of its functions, account suspension and account termination, and announce the results of handling.
5.2 The users understand and agree that Lanxin has the right to impose penalties on violations of relevant laws and regulations or the provisions of this Agreement according to reasonable judgment, to take appropriate legal action against any users who violate laws and regulations, and to keep relevant information and report to relevant departments in accordance with laws and regulations, with all legal responsibilities arising therefrom solely borne by the users themselves.
5.3 The users understand and agree that they shall be solely liable for any claims, demands or losses put forward by a third party as a result of their violation of this Agreement or relevant terms of service, as well as compensation for any possible losses of Lanxin arising therefrom.
VI. Third-party Applications and Services
1. Lanxin allows third-party applications to get online in Lanxin application market so that you can download, manage and use third-party applications. You understand and agree that Lanxin, as a platform provider, only provides the function module or service order and/or use entry for your convenience, and relevant applications are provided by the third party independently. Unless otherwise provided by laws, regulations and this Agreement, Lanxin will not be liable for your use of the applications.
2. You understand and agree that, unless otherwise specified by law, Lanxin will not be liable for any adjustment, suspension or termination of Lanxin services and third-party services that may affect third-party application services.
3. You understand and agree that, in addition to the provisions of this Agreement, you shall also abide by the third party user agreement when using the third-party applications and services in Lanxin service; in order to realize third-party applications and services, the enterprise service administrator may choose to launch third-party services based on the authorization of the enterprise organization and provide the enterprise address book information to the independent third party. Before choosing to use third-party services, you shall fully understand relevant product functions, service agreements and privacy protection policies first, and then decide whether to open functions and comply with third-party user agreements.
VII. Suspension or Termination of the Services
1. You agree that, in consideration of the particularity of internet services, Lanxin has the right to suspend, terminate or procure the suspension or the termination of the Services or any portion thereof at any time, and that Lanxin is entitles to announce that by give you notice on Lanxin official website for such suspension or termination of free Services.
2. You understand and agree that Lanxin may, on a regular or irregular basis, carry out maintenance or servicing of devices, facilities, software and hardware of the platform with which Internet services are provided, and that Lanxin shall assume no liability if the paid Services are therefore suspended for a reasonable period, provided that Lanxin shall make announcement on Lanxin official website in advance to the greatest extent possible.
3. In case of any of the following violations, Lanxin has the right to suspend or terminate the service immediately and claim compensation for the loss:
3.1 The User breaches the obligation of registration;
3.2 The User fails to pay the corresponding service fees for the use of paid network services;
3.3 The User violates the provisions in respect of the use of Services.
VIII. Privacy Policy
1. Your account registered at Lanxin is equipped with the function of password protection to ensure security of your basic information. Please keep properly your account and password information.
2. Lanxin takes a variety of reasonable physical, electronic and administrative measures to protect your information and prevent your information and communication contents stored in Lanxin from being divulged, damaged or lost, including but not limited to SSL, encrypted information storage and access control to the data center. We also strictly manage the employees and contractors who may have access to your information, including but not limited to different access controls that are in place according to different posts, execution of confidentiality agreements with them, and monitoring of their operation. Lanxin will rely on existing technologies to provide corresponding security measures to protect your information and offer reasonable security protection, and will at all times make best endeavor to prevent your information from being divulged, damaged or lost. Meanwhile, please note that there are no “perfect security measures” in the information network, and please keep properly the relevant information.
3. Prolonged use of GPS in the background can significantly reduce battery life.
4. You shall keep your terminal, account and password safe, and properly keep relevant information and contents. Lanxin will not be held liable for lost or stolen data or for deletion or storage failure of relevant data in the application and the Services for reasons that are attributable to you.
5. Please refer to Lanxin Privacy Policy for other privacy terms.
IX. Intellectual Property Rights
1. You understand and agree that unless otherwise stated by Lanxin, all intellectual property rights (including but not limited to copyright, trademark right, patent right, trade secret) and any other related rights in, of and to all products, technologies, software, programs, data and other information (including but not limited to texts, graphs, pictures, photos, audios, videos, charts, colors, layout and electronic files) contained in the Services hereunder are vested in Lanxin or its affiliates.
2. You shall guarantee that unless authorized by Lanxin in writing, with respect to the above rights, you shall not (and shall not allow any third party to) conduct acts including without limitation leasing, lending, selling, distributing, copying, modifying, reposting, compiling, releasing, publishing, reverse engineering, decomposing, decompiling, or otherwise obtaining the source code. The names of the services shall be registered trademarks of the Company and its affiliates in China and other countries. Without the written authorization of the Company, no one shall display, use or process these names in any way (including but not limited to copying, spreading, displaying, mirroring, uploading and downloading), nor indicate to others that you have the right to do so.
3. The intellectual property rights of all products, services, technologies and all application programs or their components/functions/names (hereinafter referred to as "technical services") of the Company belong to the Company or its obligees.
4. You understand that Lanxin may and You agree to authorize Lanxin to use your name, trademark and logo in the advertising and promotion only for the purpose of showing that you are our client or partner.
X. Limited Liability
1. The Services will be provided on an “as is” and “as available” basis. Lanxin hereby expressly makes no explicit or implicit warranty for the Services, including but not limited to warranties, representations or undertakings with respect to the suitability, no error or omission, continuity, accuracy, reliability, and fitness for a particular purpose of the Services.
2. Lanxin makes no undertaking or warranty in respect of the effectiveness, accuracy, reliability, quality, stability, completeness and timeliness of the technologies and information involved in the Services.
3. Under no circumstance shall Lanxin be liable for any failure of or delay in providing the Services owing to Internet connection failure, breakdown of computers, communication or other systems, power failure, strike, labor dispute, rebellion, insurrection, riot, lack of productivity or production materials, fire, flood, storm, explosion, force majeure, war, government act, order from domestic court, or omission of a third party.
4. Lanxin shall not be liable for any special, direct, indirect, punitive, emergent, or consequential damages or any other damages (including without limitation loss of profits or interest, business suspension, loss of data) caused by the following reasons, whether or not foreseeable, and regardless of the form of acts by which such damages are caused:
4.1 Use of or inability to use the Services;
4.2 Fees incurred by purchasing or obtaining any product, sample, data or information, or by conducting transaction through the Services, or by other alternative acts;
4.3 Unauthorized storage, modification or transmission of data;
4.4 Representation or act conducted by a third party through the Services;
4.5 Damages caused by other matters relating to the Services, including negligence.
5. You fully understand and agree that in light of the particularity of the Internet system and environment, the information and personal materials shared by you in the Services may be copied, reposted, modified without permission, or used for illegal purpose by others. You have been fully aware of such risks, and hereby acknowledge that you shall take such risks on your own, for which Lanxin shall not be liable.
6. You understand and agree that there might be risks in the use of the Services, including without limitation any threatening, defamatory, objectionable infringing (including without limitation infringing the intellectual property rights), anonymous or pseudonymous information from others, and you shall take such risks on your own under the provisions of the service use reasonable precautions, for which Lanxin shall not be liable.
XI. Liability for Breach and Compensation
1. If Lanxin discovers or receives report from others that you have breached this Agreement, Lanxin shall have the right to delete and block relevant contents at any time without any notice, and take measures including without limitation restricting, suspending or terminating your use of Lanxin account and services, restricting, suspending or terminating your use of all or part of the Services (including but not limited to terminating your relationship with the group or members, deleting contact list, restricting addition of new members, message delivery or addition of new friends), and holding you legally liable therefor.
2. You agree that if any claim or demand is made by any third party against Lanxin or its affiliates, or any loss is incurred by Lanxin or its affiliates, due to or resulting from the information uploaded, transmitted or share by you through the Services, your use of other functions of the Services, your breach hereof or your infringement of any rights or interests of others, you shall make full compensation (including without limitation reasonable attorney’s fees).
XII. Effective Notification
1. Any notice we send to you may be made via email, public area announcement on the page, personal network area prompt, mobile phone text message or regular letter, and such notice shall be deemed to have been delivered to the user or taken effect within 7 days from the date of sending.
2. You agree that any notice you send to us shall be delivered via the contact way formally announced by us, e.g., mailing address and email.
3. You agree that any failure to receive the relevant rules, notifications, prompts or other information due to errors in email, mobile phone number, address or other reasons not attributable to Lanxin will not affect the legal effect of such information on you, and you shall be bound by them, with all consequences and liabilities arising therefrom solely borne by you.
XIII. Miscellaneous
1. This Agreement is signed in Chaoyang District, Beijing, China.
2. The establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of mainland China.
3. Any dispute or dispute between you and Lanxin shall be settled through friendly negotiation; if the negotiation fails, you agree to submit the dispute or controversy to the competent people's court at the place where this agreement is signed.
4. Whatever the reasons for the partial invalidity or unenforceability of the provisions of this Agreement, the remaining provisions shall be remain valid and binding upon both parties.