Terms of Service
Prompt Terms
Welcome to jointly sign this XingShan Zhaowu Platform Service Agreement (the "Agreement") with the operator of the XingShan Zhaowu Platform (see the definition terms for details) and use the XingShan Zhaowu Platform services.
This Agreement is the revised version of the XingShan Zhaowu Service Agreement. From the date this Agreement is released, all references to the "XingShan Zhaowu Service Agreement" throughout the XingShan Zhaowu Platform refer to this Agreement.
The index keywords listed before each service term are only intended to help you understand the main purpose expressed by that term, and do not affect or limit the meaning or interpretation of the terms of this Agreement. To protect your own rights and interests, we recommend that you carefully read the specific expression of each term.
[Careful Reading] Before you click to agree to this Agreement during the registration application process, you should carefully read this Agreement. Please be sure to carefully read and fully understand the content of each term, especially terms that exempt or limit liability, terms on governing law, and dispute resolution terms. Terms that exempt or limit liability will be marked in bold and underlined, and you should read them with particular attention. If you have any questions about the Agreement, you may consult customer service of the XingShan Zhaowu Platform.
[Contracting Action] When you fill in information according to the prompts on the registration page, read and agree to this Agreement, and complete all registration procedures, it means that you have fully read, understood, and accepted all content of this Agreement, and have reached agreement with XingShan Zhaowu to become a "User" of the XingShan Zhaowu Platform. During the process of reading this Agreement, if you do not agree to this Agreement or any term in it, you should immediately stop the registration process.
1. Definitions
XingShan Zhaowu Platform: refers to the websites and clients including XingShan Zhaowu website (domain name: popzao.com).
XingShan Zhaowu: refers individually or collectively to the operator of the XingShan Zhaowu Platform, specifically: Shanghai XingShan Zhaowu Technology Co., Ltd.
XingShan Zhaowu Platform Services: refers to the various services provided to you by XingShan Zhaowu through the Internet in various forms, including the XingShan Zhaowu Platform website, clients, and other forms, including new service forms that may appear with future technological development.
XingShan Zhaowu Platform Rules: includes all rules, interpretations, announcements, and other content that have been published and will be published in all XingShan Zhaowu Platform rule channels, as well as various rules, implementation details, product process descriptions, announcements, and other content released by each platform in groups, forums, and help centers.
Affiliated Companies: refers to affiliated companies of Shanghai XingShan Zhaowu Technology Co., Ltd.
Intellectual Property Rights: refers to any and all of the following:
- invention patents, utility model patents, design patents and their applications, divisional applications, subsequent applications, and PCT international patent applications; as required for overall service operation and system security;
- inventions and creations, whether patentable or not, designs, discoveries, improvements, concepts, innovations, and industrial models;
- registered and unregistered copyrights, applications for copyright registration, and copyrights in works that comply with copyright law or the Berne Convention, including written works, works of fine art, photographic works, graphic works, model works, artworks, software, computer programs, source code, object code and executable code, firmware, development tools, documents, records and data, and related documents;
- URLs, websites, webpages, and any part thereof;
- technical information, business information, know-how, drawings, agreements, specifications, proprietary data, customer lists, databases, proprietary processes, formulas, algorithms, trade secrets, and other intellectual property rights;
- trade names, trade dress, trademarks, domain names, service marks, logos, packaging, decoration, enterprise names, and their registrations and applications;
- the goodwill symbolized or represented by the foregoing.
2. Scope of the Agreement
2.1. Contracting Parties
[Equal Parties] This Agreement is jointly concluded by you and the operator of the XingShan Zhaowu Platform, and this Agreement has contractual effect on both you and the operator of the XingShan Zhaowu Platform.
[Entity Information] The operator of the XingShan Zhaowu Platform refers to each legal entity that operates the XingShan Zhaowu Platform. You may at any time view the license information disclosed at the bottom of the homepage of each XingShan Zhaowu Platform website to determine the XingShan Zhaowu entity that performs the contract with you. Under this Agreement, the operator of the XingShan Zhaowu Platform may change according to business adjustments of the XingShan Zhaowu Platform, and the changed operator will perform this Agreement with you and provide services to you. The change of operator will not affect your rights and interests under this Agreement. The operator of the XingShan Zhaowu Platform may also be added because new XingShan Zhaowu Platform services are provided. If you use newly added XingShan Zhaowu Platform services, you are deemed to agree that the newly added XingShan Zhaowu Platform operator will perform this Agreement with you. When a dispute occurs, you may determine the contracting entity and the counterparty to the dispute according to the specific services you use and the specific conduct that affects your rights and interests.
2.2. Supplemental Agreements
Due to the rapid development of the Internet, the terms listed in this Agreement signed by you and XingShan Zhaowu cannot completely enumerate and cover all rights and obligations between you and XingShan Zhaowu, and the existing agreements cannot guarantee that they will fully meet future development needs. Therefore, the XingShan Zhaowu Platform Legal Statement, Privacy Policy, and XingShan Zhaowu Platform Rules are supplemental agreements to this Agreement, are inseparable from this Agreement, and have the same legal effect. If you use XingShan Zhaowu Platform services, you are deemed to agree to the above supplemental agreements.
3. Account Registration and Use
3.1. User Qualification
You confirm that before you begin the registration process to use XingShan Zhaowu Platform services, you should have the civil capacity for conduct corresponding to your acts as required by the laws of the People's Republic of China.
In addition, you also need to ensure that you are not the target of trade restrictions, economic sanctions, or other legal and regulatory restrictions imposed by any country, region, or international organization, and that you do not directly or indirectly provide funds, products, or services to the aforementioned targets. Otherwise, you should stop using XingShan Zhaowu Platform services, and you understand that violation of the foregoing requirements may cause you to be unable to register and use XingShan Zhaowu Platform services normally.
3.2. Account Description
[Account Acquisition] After you fill in information according to the prompts on the registration page, read and agree to this Agreement, and complete all registration procedures, you may obtain a XingShan Zhaowu Platform account and become a user of the XingShan Zhaowu Platform. The XingShan Zhaowu Platform allows each user to use only one XingShan Zhaowu Platform account. If there is evidence proving, or XingShan Zhaowu determines according to the XingShan Zhaowu Platform Rules, that you have improperly registered or improperly used multiple XingShan Zhaowu Platform accounts, the XingShan Zhaowu Platform may take measures such as freezing or closing accounts, canceling orders, and refusing to provide services. If losses are caused to the XingShan Zhaowu Platform or related parties, you shall also bear liability for compensation.
[Account Use] You have the right to use the XingShan Zhaowu member name, email address, mobile phone number (hereinafter referred to as "Account Name") set or confirmed by you and the password set by you (the Account Name and password are collectively referred to as the "Account") to log in to the XingShan Zhaowu Platform.
If you are an individual, because your XingShan Zhaowu Platform account is associated with your personal information and XingShan Zhaowu Platform business information, your XingShan Zhaowu Platform account is limited to your own use. Without the consent of the XingShan Zhaowu Platform, any act by which you directly or indirectly authorize a third party to use your XingShan Zhaowu Platform account or obtain information under your account is invalid. If XingShan Zhaowu determines, according to the breach determination procedures and standards agreed in the XingShan Zhaowu Platform Rules, that the use of your XingShan Zhaowu Platform account may endanger your account security and/or the information security of the XingShan Zhaowu Platform, the XingShan Zhaowu Platform may refuse to provide corresponding services or terminate this Agreement.
If you are an enterprise, because your XingShan Zhaowu Platform account is associated with your enterprise information and XingShan Zhaowu Platform business information, your XingShan Zhaowu Platform account is limited to use by the authorized persons registered by you. Without the consent of the XingShan Zhaowu Platform, any act by which you directly or indirectly authorize an unregistered third party to use your XingShan Zhaowu Platform account or obtain information under your account is invalid. If XingShan Zhaowu determines, according to the breach determination procedures and standards agreed in the XingShan Zhaowu Platform Rules, that the use of your XingShan Zhaowu Platform account may endanger your account security and/or the information security of the XingShan Zhaowu Platform, the XingShan Zhaowu Platform may refuse to provide corresponding services or terminate this Agreement.
[Account Transfer] Because a user account is associated with user credit information, you may transfer your account only where there is an express legal provision, judicial ruling, or consent of XingShan Zhaowu, and where the transfer complies with the user account transfer process stipulated by the XingShan Zhaowu Platform Rules. Once your account is transferred, the rights and obligations under that account are transferred together. Except for the foregoing, your account may not be transferred in any way; otherwise, the XingShan Zhaowu Platform has the right to pursue your liability for breach of contract, and all liabilities and consequences arising therefrom shall be borne by you.
[Real-Name Authentication] As the operator of the XingShan Zhaowu Platform, in order to enable you to better use the various services of the XingShan Zhaowu Platform and protect your account security, XingShan Zhaowu may require you to complete real-name authentication in accordance with relevant laws and regulations.
[Recovery of Inactive Accounts] If your account simultaneously meets the following conditions, XingShan Zhaowu may recover your account, your account will no longer be able to log in to any XingShan Zhaowu Platform, and the corresponding services will be terminated at the same time:
- the account is not bound to an account that has passed real-name authentication;
- the account has not been used to log in to the XingShan Zhaowu Platform for six consecutive months;
- there is no unexpired valid business.
3.3. Management of Registration Information
3.3.1. Truthfulness and Legality
[Information Truthfulness] When using XingShan Zhaowu Platform services, you should accurately and completely provide your information according to the prompts on the XingShan Zhaowu Platform page, including your name or enterprise name, business license or ID scan, email address, contact phone number, contact address, etc., so that XingShan Zhaowu or other users can contact you. You understand and agree that you have the obligation to keep the information you provide true and valid.
[Legality of Member Name] The XingShan Zhaowu member name you set must not violate national laws and regulations or the relevant rules of the XingShan Zhaowu Platform regarding member name management; otherwise, XingShan Zhaowu may recover your XingShan Zhaowu member name. The recovery of the XingShan Zhaowu member name does not affect your use of email address or mobile phone number to log in to the XingShan Zhaowu Platform and use XingShan Zhaowu Platform services.
3.3.2. Updating and Maintenance
You should update the information you provide in a timely manner. Where the law expressly requires XingShan Zhaowu, as a platform service provider, to verify information of some users, such as platform sellers, XingShan Zhaowu will check and verify your information from time to time in accordance with the law, and you should cooperate by providing the latest, true, complete, and valid information.
If XingShan Zhaowu cannot contact you according to the information you last provided, you fail to provide information in a timely manner as required by XingShan Zhaowu, the information you provide is obviously untrue, or the information you provide is verified as invalid by administrative or judicial authorities, you will bear all losses and adverse consequences caused thereby to yourself, others, and XingShan Zhaowu. XingShan Zhaowu may send you an inquiry or rectification notice and require you to re-authenticate, until it suspends or terminates some or all XingShan Zhaowu Platform services provided to you, and XingShan Zhaowu shall not be liable for this.
3.4. Account Security Rules
[Obligation to Safeguard Account Security] Your account is set by you and kept by you. XingShan Zhaowu will never actively ask you to provide your account password at any time. Therefore, we recommend that you properly keep your account and ensure that you log out and leave the XingShan Zhaowu Platform through correct steps at the end of each online session.
XingShan Zhaowu shall not be liable for losses and consequences caused by your account due to your active disclosure or due to attacks, fraud, or other acts by others against you. You should seek recovery from the infringer through judicial, administrative, and other remedies.
[Responsibility for Account Conduct] Except where XingShan Zhaowu is at fault, you shall be responsible for all results of conduct under your account, including but not limited to online signing of various agreements, publishing information, purchasing products and services, and disclosing information.
[Daily Maintenance Notice] If you discover any unauthorized use of your account to log in to the XingShan Zhaowu Platform or any other situation that may cause your account to be stolen or lost, we recommend that you immediately notify XingShan Zhaowu and authorize XingShan Zhaowu to synchronize such information to Alipay and Alibaba platforms. You understand that XingShan Zhaowu needs reasonable time to take action on any request from you, and that the action taken by XingShan Zhaowu at your request may not avoid or prevent the formation or expansion of harmful consequences. Except where XingShan Zhaowu has statutory fault, XingShan Zhaowu shall not be liable.
4. XingShan Zhaowu Platform Services and Rules
[Service Overview] You have the right to enjoy services on the XingShan Zhaowu Platform including browsing, collecting, purchasing and evaluating products and/or services, transaction dispute handling, information exchange such as Q&A and sharing, and other services. XingShan Zhaowu provides many services, and you may log in to the XingShan Zhaowu Platform for details.
4.1. Browsing and Collecting Products and/or Services
When you browse our website or client, XingShan Zhaowu provides functions such as information classification, keyword search, filtering, collection, and following in order to better match your needs. You may collect products/services that interest you, add them to the shopping cart, and follow factories/brands that interest you.
4.2. Purchasing and Evaluating Products and/or Services
[Purchase of Products and/or Services] When purchasing products/services on the XingShan Zhaowu Platform, please carefully confirm important matters such as the name, price, quantity, model, specification, size of the products/services purchased, or the time, content, and restrictive requirements of services, and verify your contact address, phone number, consignee, and other information when placing an order. If the consignee you fill in is not you or your registered authorized person, the legal consequences arising from the acts and expressions of intent of that consignee shall be borne by you. After you reach a transaction with another user on the XingShan Zhaowu Platform, the system will generate an order for that transaction, and you and the other user with whom you reached the transaction are counterparties to the transaction order. At the same time, the transaction occurs on the XingShan Zhaowu Platform, and the transaction-related processes and functions preset by the XingShan Zhaowu Platform, effective rules, etc. are all components of the transaction order. They supplement the agreement reached between you and the counterparty regarding the formation, performance, dispute handling, cancellation, and other aspects of the transaction order, are inseparable from the transaction order, and have the same legal effect. If you use XingShan Zhaowu Platform services to reach a transaction, you are deemed to agree that the above supplemental agreement becomes part of the transaction order.
While the XingShan Zhaowu Platform encourages and supports you and other users to reach transactions and form transaction orders based on basic principles such as good faith and fairness, in order to maintain platform transaction order and transaction security, fairly protect the rights and interests of honest users, and adapt to reasonable market changes and business practices, when XingShan Zhaowu discovers that the transaction conduct of you or another user with whom you have reached a transaction, or the relevant transaction order, violates the XingShan Zhaowu Platform Rules or involves a serious imbalance of rights and obligations, XingShan Zhaowu may actively perform operations such as closing the relevant transaction order (i.e., closing the order) according to the rules. You agree that when the foregoing circumstances occur and XingShan Zhaowu performs the operation of closing the relevant transaction order, this will serve as a condition for rescission of the order, producing the effect that the contract is automatically rescinded and rights and obligations terminate when the order is closed. Unless otherwise expressly agreed in the rules, after XingShan Zhaowu performs the operation of closing the relevant transaction order, products/services not yet provided need not continue to be provided, and amounts already paid will be refunded by the original route.
Your purchase conduct should be based on genuine procurement needs, and you must not engage in malicious purchase, malicious rights protection, or other conduct that disrupts the normal transaction order of the XingShan Zhaowu Platform regarding products and/or services. In order to maintain the transaction order and transaction security of the XingShan Zhaowu Platform, when XingShan Zhaowu discovers the foregoing circumstances, it may actively perform operations such as closing the relevant transaction order.
[Evaluation] You have the right to evaluate products and/or services of other users with whom you have reached transactions in the evaluation system provided by the XingShan Zhaowu Platform. You should understand that your evaluation information on the XingShan Zhaowu Platform is public. If you do not wish to disclose your identity information to the public in evaluation information, you have the right to publish evaluation content anonymously.
To ensure that evaluation content can provide reliable basis for consumer shopping decisions and reflect the true circumstances of products and/or services, all your evaluation conduct should comply with the relevant provisions of the XingShan Zhaowu Platform Rules. Evaluation content should be legal, objective, true, and related to the products and/or services in the transaction, and should not contain foul language, pornography or vulgarity, advertising information, or other prohibited information listed by laws and regulations and this Agreement. You should not improperly help others improve credit or use evaluation rights to threaten or extort other users. XingShan Zhaowu may take necessary disposal measures regarding evaluation information generated by your above conduct in accordance with the relevant provisions of the XingShan Zhaowu Platform Rules.
4.3. Transaction Dispute Handling
[Transaction Dispute Handling Methods] If you have a dispute with another user during a transaction on the XingShan Zhaowu Platform, either you or the other user has the right to choose the following methods to resolve it:
- independent negotiation with the dispute counterparty;
- use of the dispute mediation service provided by the XingShan Zhaowu Platform;
- requesting mediation by another legally established mediation organization;
- filing a complaint with the relevant administrative department;
- submitting to an arbitration institution for arbitration according to an arbitration agreement reached with the dispute counterparty, if any;
- bringing a lawsuit in a people's court.
[Platform Mediation Service] If you use the dispute mediation service of the XingShan Zhaowu Platform according to the XingShan Zhaowu Platform Rules, it means that you recognize and are willing to perform the mediation decision made by customer service or public reviewers of the XingShan Zhaowu Platform (the "Mediating Party"), as an independent third party, based on the dispute facts they know and according to the XingShan Zhaowu Platform Rules, including adjusting the transaction status of the relevant order and determining that all or part of the disputed amount shall be paid to one or both transaction parties. Before the XingShan Zhaowu Platform mediation decision is made, you may choose the methods listed in items (3), (5), and (6) above (the "Other Dispute Handling Methods") to resolve the dispute, in order to suspend the XingShan Zhaowu Platform dispute mediation service.
If you are dissatisfied with the mediation decision, you still have the right to adopt Other Dispute Handling Methods to resolve the dispute, but before a final decision is obtained through Other Dispute Handling Methods, you should still first perform the mediation decision.
4.4. Information Exchange
To meet users' needs for sharing shopping experiences and other information exchange, you may use Q&A, sharing of orders, forums, groups, and other information publishing functions provided by XingShan Zhaowu to make comments, replies, messages, bullet comments, likes, and other public postings and interactions with other users. Information forms include text, images, videos, audio, live broadcast content, emoticons, symbols, etc. You must ensure that all information you publish complies with relevant laws and regulations and the requirements of this Agreement.
4.5. Trade Restrictions
With respect to products, services, software, and technologies obtained through the XingShan Zhaowu Platform, including software and technologies provided by the XingShan Zhaowu Platform, you undertake to comply with all applicable laws and regulations related to import and export controls, trade restrictions, and economic sanctions. You undertake that, before obtaining permission from the relevant country, region, or international organization, you will not engage in domestic or cross-border transaction activities that violate corresponding regulations. In order to maintain the transaction order and transaction security of the XingShan Zhaowu Platform, if you violate the foregoing undertaking, XingShan Zhaowu may actively perform operations such as closing relevant transaction orders and handling the account when it discovers the foregoing circumstances, and the platform shall not be liable for losses caused thereby.
4.6. Fees
XingShan Zhaowu has incurred substantial costs in providing XingShan Zhaowu Platform services to you. Except for paid services expressly stated by the XingShan Zhaowu Platform, the services currently provided to you by XingShan Zhaowu are free. If XingShan Zhaowu charges you reasonable fees in the future, XingShan Zhaowu will notify you through reasonable means and within a sufficiently reasonable period in advance through legal procedures and by the method agreed in Article 8 of this Agreement, ensuring that you have sufficient right of choice.
4.7. Limitation of Liability
[Force Majeure and Third-Party Reasons] XingShan Zhaowu performs basic protection obligations in accordance with the law, but XingShan Zhaowu shall not bear corresponding liability for breach of contract for obstacles to contract performance, performance defects, delayed performance, or changes in performance content caused by the following reasons:
- force majeure factors such as natural disasters, strikes, riots, wars, government acts, judicial or administrative orders;
- public service factors such as power supply failures and communication network failures, or third-party factors;
- routine or emergency equipment and system maintenance, equipment and system failures, network information and data security, and other factors, where XingShan Zhaowu has exercised good-faith management.
[Massive Information] XingShan Zhaowu only provides XingShan Zhaowu Platform services to you. You understand that information on the XingShan Zhaowu Platform is independently published by users and may involve risks and defects. XingShan Zhaowu will establish relevant inspection and monitoring systems in accordance with the law to protect your lawful rights and interests and good experience on the XingShan Zhaowu Platform as much as possible. At the same time, given that the XingShan Zhaowu Platform has the characteristics of massive information and separation between information and physical goods in the network information environment, XingShan Zhaowu cannot review one by one the information of products and/or services, nor can it review one by one the quality, safety, legality, authenticity, and accuracy of products and/or services involved in transactions. You should make cautious judgments in this regard.
[Mediation Decision] You understand and agree that in the dispute mediation service, customer service and reviewers of the XingShan Zhaowu Platform are not professionals and can only judge user-submitted evidence based on ordinary understanding. Therefore, except in cases of intent or gross negligence, the Mediating Party is exempt from liability for dispute mediation decisions.
6. User Breach and Handling
6.1. Determination of Breach
Any of the following circumstances shall be deemed a breach by you:
- violating relevant laws and regulations when using XingShan Zhaowu Platform services;
- violating this Agreement or the supplemental agreements to this Agreement, namely Article 2.2 of this Agreement.
In order to adapt to the development of e-commerce and meet massive users' demand for efficient and high-quality services, you understand and agree that XingShan Zhaowu may agree on breach determination procedures and standards in the XingShan Zhaowu Platform Rules. For example, XingShan Zhaowu may determine whether you constitute a breach according to the relationship between your user data and massive user data; you have the obligation to fully prove and reasonably explain abnormal data phenomena, otherwise you will be deemed to be in breach.
6.2. Measures for Handling Breach
[Information Handling] If information you publish on the XingShan Zhaowu Platform constitutes a breach, XingShan Zhaowu may immediately delete or block the corresponding information according to the corresponding rules.
[Conduct Restrictions] If conduct you perform on the XingShan Zhaowu Platform, or conduct that you perform outside the XingShan Zhaowu Platform but that affects the XingShan Zhaowu Platform and its users, constitutes a breach, XingShan Zhaowu may take handling measures against you according to the corresponding rules, such as account point deduction, suspension of part or all services provided to you, and deduction of liquidated damages. If your conduct constitutes a fundamental breach, XingShan Zhaowu may seal your account and terminate services provided to you.
[Publication of Handling Results] XingShan Zhaowu may publish on the XingShan Zhaowu Platform information on handling measures for your above breach conduct, as well as other illegal information confirmed by effective legal documents of national administrative or judicial authorities.
6.3. Liability for Compensation
If your conduct causes XingShan Zhaowu and/or its affiliated companies to suffer losses, including direct economic losses, goodwill losses, and indirect economic losses such as compensation, settlement amounts, attorneys' fees, and litigation costs paid externally, you shall compensate XingShan Zhaowu and/or its affiliated companies for all the above losses.
If your conduct causes XingShan Zhaowu and/or its affiliated companies or Alipay Company to face claims from third parties, XingShan Zhaowu and/or its affiliated companies or Alipay Company may recover all losses from you after undertaking monetary payment or other obligations to third parties.
If your conduct causes third parties to suffer losses or you fail to perform a mediation decision, XingShan Zhaowu and/or its affiliated companies, for the purpose of protecting social public interests, may instruct Alipay Company to deduct corresponding amounts from your Alipay account for payment. If your Alipay balance or security deposit is insufficient to pay the corresponding amount, you agree to entrust XingShan Zhaowu to use its own funds to pay the above amount on your behalf, and you shall return that amount and compensate XingShan Zhaowu for all losses caused thereby.
You agree that XingShan Zhaowu may instruct Alipay Company to deduct corresponding amounts from your Alipay account to pay the above compensation. If the amounts in your Alipay account are insufficient to pay the above compensation, XingShan Zhaowu and/or its affiliated companies may directly offset your rights and interests under other agreements with XingShan Zhaowu and/or its affiliated companies and may continue to recover from you.
6.4. Special Agreements
[Commercial Bribery] If you provide physical items, cash equivalents, services, travel, or other benefits whose value significantly exceeds the scope of normal business negotiations to employees or consultants of XingShan Zhaowu and/or its affiliated companies, it may be deemed that you have engaged in commercial bribery. If the foregoing occurs, XingShan Zhaowu may immediately terminate all cooperation with you and charge you liquidated damages and/or compensation, the amount of which shall be calculated based on the economic losses and goodwill losses suffered by XingShan Zhaowu due to your bribery conduct.
[Associated Handling] If XingShan Zhaowu terminates this Agreement due to your serious breach, for the purpose of maintaining platform order and protecting consumer rights and interests, XingShan Zhaowu and/or its affiliated companies may suspend or even terminate cooperation with you under other agreements and notify you by the method agreed in Article 8 of this Agreement.
If other agreements signed between XingShan Zhaowu and you, and agreements signed between XingShan Zhaowu and/or its affiliated companies or Alipay Company and you, expressly agree on circumstances for associated handling of your cooperation under this Agreement, then XingShan Zhaowu, for the purpose of maintaining platform order, may suspend or even terminate the agreement upon receiving an instruction and notify you by the method agreed in Article 8 of this Agreement.
7. Intellectual Property
7.1. Responsible Subject for User Content
You hereby confirm that all text, images, drawings, videos, audio, audiovisual materials, and other content uploaded, published, sent by email, transmitted, or otherwise provided on the XingShan Zhaowu Platform (collectively, "Content") are the responsibility of the subject that provides such Content. Specifically, you (and not the XingShan Zhaowu Platform) are fully responsible for all Content you provide ("Your Content"); likewise, you and other registered users of the XingShan Zhaowu Platform (and not the XingShan Zhaowu Platform) are respectively responsible for all Content provided by yourselves and by such users through the XingShan Zhaowu Platform ("User Content"). Any Content published by users on the platform does not represent the views, positions, or policies of the XingShan Zhaowu Platform. The act of users publishing Content on the platform itself does not cause the XingShan Zhaowu Platform to bear legal liability for User Content.
[Ownership and License of User Content]
(1) Ownership statement: The XingShan Zhaowu Platform does not claim any ownership of Your Content. Unless otherwise provided in this Agreement or relevant rules, subject to the requirements of applicable laws, the ownership, intellectual property rights, and other property rights (if any) in Your Content provided to the XingShan Zhaowu Platform or published through the XingShan Zhaowu Platform belong to you or the original rights holder. However, if input content and/or output content itself contains content in which we enjoy intellectual property rights or other lawful rights and interests, the corresponding rights and/or interests in the foregoing input content and/or output content still belong to us, and their ownership is not changed because they are included in output content.
(2) Platform service improvement authorization: In order to continuously improve the services provided to you by the XingShan Zhaowu Platform, you acknowledge and agree that any input content and output content on the XingShan Zhaowu Platform may be used by us to train, enhance, develop, and improve AI models, algorithms, and related technologies, including for labeling, classification, content review, and model training purposes, to optimize related products and services, and to ensure service security and stability. For this purpose, you hereby grant the XingShan Zhaowu Platform a free, sublicensable and re-sublicensable, worldwide or adapted to relevant countries or regions, non-exclusive, permanent right to use any input content and output content related to the above purposes that you provide at any time or that arise from your use of XingShan Zhaowu Platform services.
(3) Commercialization authorization and revenue sharing: In addition to the above authorization, as consideration for your use of XingShan Zhaowu Platform AI creation services, marketing promotion services, and creative conversion services, for any output content submitted, generated, and publicly published by you through XingShan Zhaowu Platform AI creation services, you hereby grant the XingShan Zhaowu Platform and its affiliated parties a non-exclusive, worldwide commercial use right. This authorization is only for the following purposes: XingShan Zhaowu has the right to convert your creative works into physical goods through the production supply chain of the XingShan Zhaowu Platform; XingShan Zhaowu displays, markets, promotes, and sells your creative works on its self-operated platform and third-party channels. For certain high-quality creative works, the XingShan Zhaowu Platform will provide physical conversion support through exclusive creative conversion resources and marketing promotion resources, and we will provide physical product sales channels for your creative works within the platform. Production, marketing, and logistics costs shall be borne by the platform in advance, and sales revenue shall be shared by the creator and the platform. The specific sharing ratio will be comprehensively determined by XingShan Zhaowu based on different product categories, production costs, platform activity rules, and other factors. Before sales occur, XingShan Zhaowu will contact you separately through reasonable means, clearly inform you of the specific sharing ratio, and communicate with you. The platform will periodically pay you revenue based on sales, and the specific settlement method and cycle shall be subject to platform rules or notice from XingShan Zhaowu.
(4) Special statement: Based on the technical characteristics of AI models and algorithms, generated content of this service is random and uniqueness cannot be guaranteed. Therefore, you understand and agree that this XingShan Zhaowu Platform may output identical or similar generated content results to other users.
[Username]
Regardless of whether this Agreement contains any contrary provision, by submitting Your Content to any forum, comment area, or any other public area of the XingShan Zhaowu Platform, you hereby expressly permit the XingShan Zhaowu Platform to identify you as the creator of Your Content/work according to your username, which is set by you and may be your real name or a pseudonym/nickname set by you.
[User Feedback Content]
You agree and acknowledge that any ideas, suggestions, documents and/or proposals submitted to the XingShan Zhaowu Platform through suggestions, customer service feedback, forums, or similar pages of the XingShan Zhaowu Platform, and the communication records arising therefrom ("Feedback Content"), are submitted at your own risk, and the XingShan Zhaowu Platform bears no obligation with respect to such Feedback Content, including but not limited to confidentiality obligations. You represent and warrant that you have all rights necessary to submit Feedback Content. You hereby grant the XingShan Zhaowu Platform a completely free, perpetual, irrevocable, worldwide or adapted to relevant countries or regions, non-exclusive and fully sublicensable right and license, including copyrights, patents, trademarks, and other intellectual property rights, so that we may use all Feedback Content by copying, modifying, adapting, exhibiting, displaying, and in any commercial or non-commercial manner to improve the operation and maintenance of the XingShan Zhaowu Platform and/or the XingShan Zhaowu Platform business.
[No Infringement / Claim Warranty]
You hereby represent and warrant that any of Your Content provided by you to the XingShan Zhaowu Platform, including input content provided when using AI-related functions, enjoys lawful rights or has obtained lawful authorization, and that such content will not infringe any third party's intellectual property rights or other lawful rights and interests, such as personality rights including reputation rights and portrait rights, personal information rights and interests, and other rights and interests, and will not violate any valid agreement between you and others.
If the XingShan Zhaowu Platform faces third-party infringement accusations, administrative penalties, or other legal risks due to your violation of the foregoing representations and warranties, you have the obligation to cooperate with the XingShan Zhaowu Platform in taking rights-remedy actions to actively respond and reduce losses of the XingShan Zhaowu Platform, and you shall bear all economic losses and legal liability caused to the XingShan Zhaowu Platform by your breach.
[Complete Rights]
You must have complete rights to the Content you provide, meaning that such Content has not been transferred to others and has not been exclusively or solely licensed to others. When uploading Your Content to the XingShan Zhaowu Platform, please verify whether there are relevant rights restrictions in transfer, license, or agency agreements you have signed with others regarding Your Content. If a third party asserts rights, the XingShan Zhaowu Platform has the right, according to actual circumstances, to delete relevant information and content, provide your contact information to the rights holder according to legal provisions or requirements of administrative or judicial authorities, and pursue your legal liability. If Your Content provided by you involves personal information, please ensure that you have obtained informed consent from the relevant personal information subject, or separate consent if sensitive personal information is involved, or have taken anonymization measures that comply with applicable data protection laws. Otherwise, please do not provide Your Content to the XingShan Zhaowu Platform. Unless authorization and consent have been obtained from the guardian, you must not under any circumstances include personal information of minors under the age of fourteen in Your Content.
8. Changes to the Agreement
XingShan Zhaowu may, according to changes in national laws and regulations and the needs of maintaining transaction order and protecting consumer rights and interests, revise this Agreement and supplemental agreements from time to time. The changed Agreement and supplemental agreements (the "Changes") will be notified to you through legal procedures and by the method agreed in Article 8 of this Agreement.
If you do not agree to the Changes, you have the right to contact XingShan Zhaowu to provide feedback before the effective date determined for the Changes. If your feedback is adopted, XingShan Zhaowu will adjust the Changes as appropriate.
If you still do not agree to the effective Changes, you should stop using XingShan Zhaowu Platform services from the effective date determined for the Changes, and the Changes will not be effective against you. If you continue to use XingShan Zhaowu Platform services after the Changes become effective, you are deemed to agree to the effective Changes.
9. Notices
9.1. Valid Contact Information
When registering as a user of the XingShan Zhaowu Platform and accepting XingShan Zhaowu Platform services, you should provide XingShan Zhaowu with true and valid contact information, including your email address, contact phone number, contact address, etc. If your contact information changes, you have the obligation to update relevant information in a timely manner and keep yourself reachable.
The member account, including sub-accounts, generated when you register as a user of the XingShan Zhaowu Platform and used to log in to the XingShan Zhaowu Platform to receive site messages and system messages, is also your valid contact method.
XingShan Zhaowu will deliver various notices to you through one or several of the above contact methods. The content of such notices may have significant favorable or adverse effects on your rights and obligations, so please pay timely attention to them.
You have the right to obtain commercial information such as product advertisements and promotional offers that interest you through the mobile phone number or email address you filled in during registration. If you do not wish to receive such information, you have the right to unsubscribe through the corresponding unsubscribe function provided by XingShan Zhaowu.
9.2. Delivery of Notices
XingShan Zhaowu may send notices to you through the above contact methods. Written notices sent electronically, including but not limited to announcements on the XingShan Zhaowu Platform, SMS messages sent to the contact phone number you provided, emails sent to the email address you provided, system messages sent to your account, and site messages, shall be deemed delivered after successful sending. Written notices sent in paper form shall be deemed delivered on the fifth calendar day after being mailed to the contact address provided.
For any dispute arising from transaction activities on the XingShan Zhaowu Platform, you agree that judicial authorities, including but not limited to people's courts, may serve legal documents, including but not limited to litigation documents, on you through modern communication methods such as SMS, email, and XingShan Zhaowu account, or by mail. The mobile phone number, email address, XingShan Zhaowu account, and other contact methods you designate for receiving legal documents are the mobile phone number and email contact information you provided or updated when registering on the XingShan Zhaowu Platform, as well as the account generated when you registered as a XingShan Zhaowu user. Legal documents sent by judicial authorities to the above contact methods shall be deemed delivered. The mailing address you designate is your legal contact address or valid contact address provided by you.
You agree that judicial authorities may use one or more of the above service methods to serve legal documents on you. If judicial authorities use multiple methods to serve legal documents on you, the time of service shall be the earliest time of service among the above methods.
You agree that the above service methods apply to all stages of judicial procedures. If litigation procedures are entered, these include but are not limited to first instance, second instance, retrial, enforcement, and supervision procedures.
You should ensure that the contact information provided is accurate and valid and update it in real time. If legal documents cannot be delivered or are not delivered in a timely manner due to inaccurate contact information provided by you or your failure to timely notify changed contact information, you shall bear the possible legal consequences arising therefrom.
10. Termination of the Agreement
10.1. Circumstances of Termination
[Termination Initiated by User] You have the right to terminate this Agreement by any of the following methods:
- when meeting the account cancellation conditions published by the XingShan Zhaowu Platform, you cancel your account through the website self-service function;
- before Changes become effective, you stop using the services and expressly state that you are unwilling to accept the Changes;
- you expressly state that you are unwilling to continue using XingShan Zhaowu Platform services and meet the XingShan Zhaowu Platform termination conditions.
[Termination Initiated by XingShan Zhaowu] When any of the following circumstances occurs, XingShan Zhaowu may notify you to terminate this Agreement by the method listed in Article 8 of this Agreement:
- you violate this Agreement, and XingShan Zhaowu terminates this Agreement according to the breach terms;
- you steal another person's account, publish prohibited information, defraud others of property, sell counterfeit goods, disrupt market order, seek improper benefits by improper means, or engage in other conduct, and XingShan Zhaowu seals your account according to the XingShan Zhaowu Platform Rules;
- except for the above circumstances, you repeatedly violate relevant provisions of the XingShan Zhaowu Platform Rules and the circumstances are serious, and XingShan Zhaowu seals your account according to the XingShan Zhaowu Platform Rules;
- your account is recovered by XingShan Zhaowu according to this Agreement;
- you engage in fraud, publish or sell counterfeit, shoddy, or infringing products, infringe others' lawful rights and interests, or engage in other serious illegal or breaching conduct on the XingShan Zhaowu Platform;
- other circumstances in which services should be terminated.
10.2. Handling After Termination of the Agreement
[Disclosure of User Information] After this Agreement is terminated, unless expressly provided by law, XingShan Zhaowu has no obligation to disclose any information in your account to you or to a third party designated by you.
[Rights of XingShan Zhaowu] After this Agreement is terminated, XingShan Zhaowu still enjoys the following rights:
- to continue preserving various types of information retained by you on the XingShan Zhaowu Platform as listed in Article 5 of this Agreement;
- to continue pursuing your liability for breach according to this Agreement for your previous breaching conduct.
[Transaction Handling] After this Agreement is terminated, for transaction orders generated during the term of this Agreement, XingShan Zhaowu may notify the transaction counterparty and decide whether to close such transaction orders according to the transaction counterparty's wishes. If the transaction counterparty requests continued performance, you shall continue to perform this Agreement and the agreements of the transaction orders with respect to such transaction orders, and bear any losses or additional expenses arising therefrom.
11. Governing Law, Jurisdiction, and Others
[Governing Law] These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of UK.
Company Name: USEEMALL LTD
Company Address: Conyngham Road, Manchester, England (This is not a returning address)
[Jurisdiction] Disputes arising from your use of XingShan Zhaowu Platform services and related to XingShan Zhaowu Platform services shall be resolved by negotiation between XingShan Zhaowu and you. If negotiation fails, either party may bring a lawsuit in the people's court with jurisdiction at the defendant's domicile.
[Severability] If any term of this Agreement is deemed abolished, invalid, or unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement.