User Agreement (hereinafter referred to as "This Agreement") is an agreement signed by you (or named as "user", indicating any individual or organization registering, signing up, using or browsing the service) and Nubia Technology Co., Ltd. and its affiliated company (hereinafter referred to as "Nubia") and its operating cooperation unit (hereinafter referred to as "The Cooperation Unit") in terms of Nubia website (www.nubia.cn, hereinafter referred to as "The Website" and Nubia products, procedures and services).
Hereby, Nubia specially reminds users to carefully read and fully understand all articles in this Agreement, including the exception clause of absolution or limitation of Nubia's liability and the clause of restricting user's rights. Please carefully read and select whether to accept the Agreement or not (juveniles should read it under the escort of guardian). Unless you accept all the terms and conditions of this Agreement, you have no right to register, sign up, or use the related services covered by this Agreement. Your behaviors such as registration, signing up, using will be deemed as the acceptance to this Agreement, and you have agreed to be restricted by all terms and conditions under this Agreement.
Your acceptation to this Agreement means that you are voluntarily bound by the terms and conditions under this Agreement including accepting any modification made by Nubia to any article at any time. The Agreement shall be renewed by Nubia at any time, and the original terms and conditions shall be superseded by the renewed terms and conditions without further notice once released; users can refer to the latest version of this Agreement at our website. After Nubia makes any revision of relevant terms of the Agreement, please immediately stop using the services provided by Nubia if uses do not accept the revision; if uses continue to use the services provided by Nubia, it will be deemed that uses have accepted the revised Agreement.
1.User Operation Rules
1) You can browse this website without user account. But some website functions, Nubia products, procedures and services need you to register Nubia account. If you want to use the website and more functions of Nubia products, procedures and services, you must register relevant account and provide your personnel information at the registration page. You can stop using your account according to the website instruction, and the website can maintain or stop your account according to the regulations of the Agreement. You must promise and guarantee:
You understand and agree that, this website is an [application service product], users must take full responsibility to the authenticity, legitimacy and effectiveness of registration information; users shall not impersonate others nor use the name of others to issue any information; users shall not maliciously use the registered account to mistake other users; otherwise we shall have the right to immediately stop providing services, and you shall bear alone all the legal responsibilities arising therefrom. You must legally use the website, Nubia products, procedures and services, and must be responsible for all your behaviors under the registered account, including any content issued by you and any result arising therefrom. Users should judge the contents by themselves, and bear all the risks caused by using the contents, including the risks caused by relying on the correctness, completeness, or usefulness of the contents. Nubia cannot and won't bear any responsibility to the loss or damage caused by users' behaviors. You should keep secret to your logging information to avoid from being obtained and used by others, and you should be responsible for all your behaviors under this website account. You must notice the website about any behavior that may violate the laws, or any behavior of unauthorized use or suspected unauthorized use; the website shall not bear any responsibility to the loss caused by your failing to abide by the above requirements. The information issued by you through the website shall be regarded as the public information, any third party can get the information issued by users through the platform; any information issued by users can be treated as the public information, and users should bear all legal responsibilities to such behaviors alone; any information unwilling to be known by any third person should not be released at the platform.
2) You must acknowledge and confirm that:
Users should bear the risk to any unilateral alteration, suspension, restriction, termination or revocation caused by the website’s failing to provide all services or part of services without any notification due to the requirements of business development. The services provided by us may include advertisement and other activities; users agree to show the advertisement and other activities provided by us and affiliated party with the third-party suppliers or partners during the process of use. We shall have the right to exercise our own discretion with any reason to stop transmitting any related contents that violate the relevant laws and regulations or this Agreement, the contents that infringe, impair or threaten any one's right or security or counterfeit other person's behavior; and use our judgment to adopt appropriate legal action against any person that violates the Agreement, including but not limited to, deleting the contents with illegality, infringement and incorrectness, terminating the membership of violators, preventing them from using all or part of our services, and saving the relevant information and reporting to the related departments according to the law. Some of our products and services must be used online, including but not limited to the supermarket, subject, market, etc. You must bear personal Internet access or all communication costs, information costs and other related expenses charged by any third party (including but not limited to telecommunications or mobile communication provider). If any telecommunications value-added services are involve, we recommend you to confirm the relevant cost issues with value-added service providers.
1) User’s contents mean all contents caused by users’ downloading, publishing, or using this website, Nubia products, procedures and services with otherwise methods (such as your information, pictures, music and other contents); you will be the only person in charge for your user’s contents, and you will bear the risk of your user’s contents being released or being identified by any third party.
2) When you are uploading, publishing or using the users’ contents of the website, Nubia products, procedures and services with otherwise methods, it shall be seen that you have automatically authorized, promised and ensured that you have the right to authorize the irrevocable, non-exclusive, royalty-free and fully-paid global licensing to us:
Only for the purpose of providing the website, Nubia products, procedures and services; improving the website, Nubia products, procedures and services; or copying, distributing, publicly displaying, performing, making derivative works, intaking the other works, or using your user account in other ways (excluding your personal information); granting the transfer license of the above items; only for the purpose of providing your personnel information to the intended recipient, copying or publishing your personnel information of user’s contents; or you agree to declare the irrevocable, renunciative (being abandoned will be cause) moral rights and ownership about your user’s contents.
3.User Rights and Obligations
1) The right to legally use the website;
2) The right to upload, download, install and use Nubia products, procedures and services at all your mobile communication equipment.
3) The ownership of Nubia account shall belong to Nubia and its affiliated company; based on the consideration of account safety, it is not allowed to use other person's mobile phone number or email address to register Nubia account. After you complete the application and registration procedures, you will get the right to use Nubia account, such use right only belongs to the initial application registrant, and it is not allowed to grant, borrow, rent, transfer or sell. Nubia has right to recover user account due to the requirements of business.
4) You shall have the right to change or delete the personal information, registration information and contents released in this website, but you should pay more attention that when you delete the related information, all the texts and pictures saved in the system will be deleted at same time as well. Users should bear such risk caused therefrom;
5) You are responsible to properly keep the security of account information and account password registered at the website, and you shall bear legal responsibility for any behaviors under the registered account and password. Users agree not to use the account or password of other members under any circumstances. When you suspect that others are using your account or password, you agree to immediately notify Nubia.
6) Rights restrictions:
You should not take the website or Nubia products, procedures and services (including but not limited to advertising or sponsorship content or the products) for the purpose of licensing, sale, lease, transfer, distribution, or other commercial purposes in any form; you shall not access the website or use Nubia products, procedures and services for the purpose of creating the same or competitive services; unless expressly permitted by law, you are not allowed to copy, distribute, reprint, download, display, modify, translate, merger, utilize, decompose or reverse compile any part of the website or Nubia products, procedures and services (including but not limited to advertising or sponsorship content or the products) in any form or means; you have agreed to use the website or use Nubia products, procedures and services by uploading, publishing, or otherwise methods; in the process of use, you will take all legal responsibilities due to the risk caused by the following behaviors: damaging the basic principles determined by the constitution; endangering state security, leaking state secrets, subverting state power or destroying national unity; damaging the nation's honor and interests; inciting ethnic hostility, ethnic discrimination or undermining the national unity; undermining the national religious policy or promoting cults and feudalistic superstition; spreading rumors, disturbing the social order or undermining the social stability; spreading obscenity, pornography, gambling, violence, murder, terrorism or abetting the crime; insulting or slandering others or abusing the lawful rights and interests of others; the other contents forbidden by laws, regulations, and administrative rules. You have agreed that you will not have the following behaviors at the website or by using Nubia products, procedures and services: upload or distribute computer virus, worm, malicious code, deliberately destroy or change computer system software or data software; collect information or data of other users without authorization, such as E-mail address and so on; disable the network connection of the website, cause an excessive burden to this website; interfere or damage the web server and the network link with other ways; try to access this website, server, or network link on this website without authorization; interfere and destroy the other user's normal use to this website or Nubia products, procedures and services.
1)You have known and agreed that our services are based on the technical support of third party such as Android, and the Agreement is signed between you and Nubia instead of the above third party. Only Nubia is responsible for the content, maintenance, support services and warranty generated by the website and Nubia products, procedures and services as well as the litigation matters. You have agreed to comply with and authorized the website and Nubia products, procedures and services to provide your restricted use of the website services.
2) User’ contents refer to all the contents (such as your information, pictures, music or other contents) generated by downloading, publishing or otherwise using the website and Nubia products, procedures and services; you are the only person responsible for your user’s contents, and you should assume the responsibility for the risk that you or any third party may be identified due to the disclosure of your user’s content.
3) You should assume the legal liability generated by using third party websites and advertisements. The terms and policies of the third party become applicable when you access its websites and advertisements.
4) The website and Nubia products, procedures and services include user’s contents provided by other users. In regard to your interaction with other users, Nubia has no right to control and assume no legal responsibilities, nor the obligation of inspecting, monitoring, approving and examining of the user’s contents. You are responsible for the risk generated by using the user’s content and interaction with other users. The website and Nubia products, procedures and services have no legal responsibility for such acts.
1) You have agreed to use the website and Nubia products, procedures and services without bringing any harm, and avoid Nubia from suffering any complaints, suits, losses, damages, liabilities, costs and expenses (including but not limited to attorney fees) of the third party due to the following or related acts: using the website and Nubia products, procedures and services; your user’s content; and violation of the Agreement.
2) User’s contents refer to all the contents (such as your information, pictures, music or other content) generated by downloading, publishing or otherwise using the website and Nubia products, procedures and services; you are the only person responsible for your user’s contents, and you should assume the responsibility for the risk that you or any third party may be identified due to the disclosure of your user’s content
3) You have agreed that without the written consent of Nubia, you should not unilaterally reconcile with the third party in regard to the lawsuit filed jointly by you and Nubia against third party.
4) Nubia will make reasonable efforts to inform you of such litigations, actions or process.
5) In any cases, Nubia bears no responsibility for compensation to you or any third party of any indirect, consequential, exemplary, incidental, special or punitive damages due to the Agreement. You should be responsible for the risk of damages caused to the computer system or mobile communication equipment database generated by using the website and Nubia products, procedures and services.
1) Nubia assumes no legal responsibility under the following circumstances: the risk of identification of the third party.
Providing your personal information in accordance with the requirements of law or the relevant governments; disclosure of any personal information due to your improper use or other reasons; any failure to meet user’s requirements due to the service disruption and blockage by hacker attacks, computer virus invasion, illegal content or harassment information shielding, government regulations and any other network, technology, communication lines, information security managements, etc.; any losses caused by force majeure such as communication lines failure, technical problems, network and computer breakdowns and system instability of operators; any risks incurred by threatening, defamatory, offensive or illegal information from anonymity or imposter in using Nubia products, procedures and services; any psychological or physical harms and economic losses resulted by misleading or deceiving by other users in using the website and Nubia products, procedures and services; the website and Nubia products, procedures and services have clearly stated that no explicit, implicit or any other warrant is made for the promptness, safety and accuracy of services of Nubia and its partner. These services include but not limited to:
a:“Intelligent recognition of unfamiliar number” service：
It will upload the telephone numbers to Nubia server when the user receives calls and text messages from unfamiliar numbers, and identify the “marked information” of the numbers (the service strictly guarantees that the private information of users won’t be obtained by any third party, which means to protect the user from being localized accurately by any third party due to the information uploaded);
The “marked information” of the above numbers is from internet users or network partners. Nubia adopts technical methods to ensure that (i) the “marked information” is consistent with the “marked information” uploaded by users within a certain period of time (i.e. when an unfamiliar number is marked by 500 users as “telephone scam”, the number will be recognized as fraud by a large number of users within a certain period of time and be provided to Nubia); (ii) screening and providing “marked information” provided by the most reliable service providers, and indicating the source of “marked information” for users. Meanwhile, Nubia provides the “correction” function to help users to feed back false marked information.
2) Any content released by users on the website does not represent or reflect any views or policies of Nubia, who shall bear no responsibility for such acts.
3) In any cases, Nubia assumes no responsibility for any indirect, consequential, exemplary, incidental, special or punitive damages, including profit losses by using Nubia services. Although the Agreement may include inconsistent provisions, the responsibilities we take for you will not exceed the payment for Nubia services in your registration period (if any), no matter for what reason and in what way.
1) Information released by users on Nubia website or interactive platform shall not infringe the intellectual property of any third party. Users shall not upload, publish, modify, transmit or copy any copyrighted material, trademarks or other people’s proprietary information in any way without prior written consent of the property owner. If Nubia receives any notification from copyright owner or its legal representatives, we will remove such content on the basis of examination.
2) Nubia UI graphics, text or its composition involved in Nubia services, and other Nubia logo, products and service names are trademarks of Nubia. Without prior written consent of Nubia, users shall not display, use or deal with the trademarks in any way, any unit and individual shall not use, reproduce, modify, transmit, copy or sell with other products any part of the trademarks in any way or for any reason.
3) In addition to the preceding provisions, if anyone copies and publishes your works on Nubia website, and your copyright is infringed, please contact us in time and provide a written notification including the following information:
(i) Certificate of your ownership of the infringed content; (ii) specific identification, address and contact information; (iii) location of the infringed content on Nubia services; (iv) description of the infringed copyrighted work; (v) relevant evidence for the violation of your copyright; (vi) issuing a written statement to declare the accuracy and authenticity of content in a manner that you have agreed to take on penalty of perjury.
8.Modification and Termination
This Agreement can be modified. If there are any material changes in this Agreement, we will notify you by e-mail or website notice. If you continue to use the website and Nubia products, procedures and services after the notification, it’s taken for granted that you have known the changes and agreed to be bound by its terms; Nubia has the right to modify, retain or close the website and Nubia products, procedures and services without notice at any time; you have agreed that Nubia assumes no responsibility to you or third party for such acts.
This Agreement shall be valid on the date of your acceptance, which will be effective during your use of the website and Nubia products, procedures and services until the termination under this Agreement; notwithstanding the foregoing, if your use of the website and Nubia products, procedures and services is earlier than your acceptance of this Agreement, you should know and agree that the Agreement comes into force at the first time of using the website and Nubia products, procedures and services, unless the Agreement is terminated in advance.
3) In accordance with the requirements of laws, we may retain your right to use the website, Nubia products, procedures and services or the website account; whether with notice or not, we will terminate the Agreement at any time for any reason, including that we believe in good faith that you have breached our acceptable use policy or other provisions of the Agreement.
4) Without the limitation of previous terms, if Nubia receives any notice of user’s violation of third party’s copyright from the copyright owner or its legal agent, Nubia shall retain the right to terminate the Agreement.
5) Your website account and right to use the website and Nubia products, procedures and services shall be terminated upon the termination of the Agreement. You should know that your account will be deleted from our active database when your account is terminated. Nubia assumes no responsibility to you for termination of the Agreement, including the termination and deletion of your account.
6) Any updated version of the website or future versions, updates or other changes of Nubia products, procedures and services will be subject to this Agreement.
Your suggestion (or “feedback”) for Nubia is considered that you transfer all rights of “feedback” to Nubia and agree to any reasonable way to use such feedback and relevant information by Nubia. Such feedbacks are considered to be non-confidential and non-proprietary; you have agreed that you won’t provide confidential and proprietary information for Nubia; we will retain the right (not obligation) to examine user’s content based on our judgment. We have the right to delete or remove your user’s content at any time for any reason with notification or not. In accordance with Article 8, we have the right to reserve or terminate your account.
You should provide an effective e-mail address that you have frequently used recently. Nubia is not liable for the risk of failing to send notice, which is caused by the ineffective e-mail address or some other reasons. Announcements of the website and e-mails containing these announcements are no doubt valid.
4) Applicable laws
This Agreement shall be governed by the laws of the People’s Republic of China. Any dispute arising out between the parties should be settled through friendly negotiation; otherwise a lawsuit should be brought to the local court.
If some provisions in this Agreement are not applicable for some reason, the other terms remain applicable and the inapplicable provisions will be modified so as to be inapplicable in accordance with the law.