Ziya Software User Service Agreement
1. Introduction
1.1. These Terms of Service ("Terms") have been formulated to elucidate the guidelines governing our association with you. Although we have endeavored to minimize legal jargon, some sections of the Terms may still retain a formal contract style.
1.2. Your usage of the Service signifies your acceptance of these Terms. Should you dissent from these Terms, we kindly request you refrain from utilizing the Services.
1.3. The ensuing Terms of Service delineate your responsibilities when engaging with our Platform or Services (as defined within this section), including the creation or provision of any information, text, graphics, videos, or other files, materials, data, or content of any nature, as well as your facilitation of the sale of Products and the generation of User-Contributed Content (as defined within this section) on the Platform. Additionally, we advise reviewing our Privacy Policy, an integral component of these Terms of Service, which outlines our practices concerning any personal information you may furnish.
1.4. The Service (referred to herein as the "Platform") is the proprietary asset of Ziya and is administered by us. By accessing and utilizing any facet of the Service, you acknowledge and consent to abide by the terms and conditions delineated in this Agreement. It is imperative that you meticulously peruse and comprehend these Terms of Service before availing yourself of the Platform. Failure to assent to all stipulated terms and conditions will preclude your access to the Platform or utilization of any of the Services. Please note that these Terms confer no rights or benefits upon third parties.
1.5. Arbitration Notification: It is our prerogative to apprise you in advance that these Terms incorporate an arbitration clause. With the exception of certain disputes specified in the Arbitration provision, both you and Ziya concur that disputes between us will be adjudicated through mandatory and binding arbitration. Additionally, both parties waive any entitlement to participate in a class action or class arbitration.
1.6. Special Instructions
1.6.1 [ATTENTION REQUIRED] We urge you to carefully peruse the contents of these Terms, particularly the sections concerning liability limitations, applicable laws, and dispute resolution mechanisms. In light of this, we have diligently brought this Agreement to your attention, employing methods such as font emphasis, italics, underlining, color coding, and other reasonable means to highlight pertinent terms. Please be aware that this includes any clauses containing formal terms like "no responsibility," "exemption," "non," and "irrelevant." Your acknowledgment of these terms is crucial. Kindly review these provisions again before confirming your acceptance of this Agreement. Unless you have thoroughly read, comprehended, and agreed to all terms herein, you forfeit the privilege to utilize our services and the Software.
1.6.2 Upon endorsing this Agreement, should you require clarification on our terms and conditions, we encourage you to cease using the Service immediately and contact us via email at Ziya@hotmail.com. Your failure to inquire or communicate regarding the terms and requirements implies your full understanding and acceptance of all provisions herein. Both parties affirm that we have fulfilled our legal obligation to elucidate the relevant terms and conditions in accordance with your request, affording you ample time and choice to decide whether to enter into this Agreement.
1.6.3 [Acknowledgment and Acceptance of the Service Agreement] The aforementioned terms have been delineated in accordance with the law. Upon clicking "Agree" or "Next," you will be prompted to peruse and opt whether to accept this Agreement. Commencing or continuing to utilize the Ziya Products and/or Services in accordance with the prescribed procedures will be construed as your acknowledgment and "agreement" to all terms and conditions herein. You shall not be deprived of reasonable reminders or dissent from any of these terms. Should you disagree with any part of this Agreement, selecting "Disagree" will signify your choice to abstain from using the Ziya Products and/or Services.
1.6.4 [Modifications to the Service Agreement] This Agreement may undergo periodic updates due to our evolving business operations. We will publish the revised version on Ziya Mobile and prompt you to review the updates. Prior to the Agreement's implementation, the contents thereof may be conveyed through pop-up windows, mobile announcements, or other suitable means. Should you reject our amended agreement, please promptly discontinue using the services provided by the Software.
1.6.5 Software Acquisition and Updates
You may directly download the Software from Ziya's official website or acquire it from a third party authorized by the Company. Should you harbor doubts concerning the security and legality of the installation package during the download and installation process from non-Company websites, we urge you to cease the download and installation immediately. Instead, visit the official website to download and install the Software to mitigate potential risks.
1.6.6 [Acquisition from Unauthorized Third Parties] If you obtain the Software or Installer bearing the same name from an unauthorized third party, Ziya cautions that we cannot guarantee the safety, legality, or proper functionality of said Software or Installer. Ziya bears no liability for any damages incurred as a result. In the event of such circumstances, we encourage you to report the presence of unauthorized software or installers bearing the same name as the Software to us via the customer service phone numbers and email addresses stipulated in this Agreement, enabling us to combat illicit activities. To enhance user experience and service quality, Ziya will continuously develop new services and furnish software updates periodically. Upon the release of a new Software version, older iterations may become obsolete or lack certain features, with diminished customer support. To mitigate any inconvenience, we recommend regularly checking for and downloading the latest Software version.
2.Service contents
In addition to the software's "Services" outlined in the "Introduction" section of this Agreement, the Company's "Instant Messaging" service previously committed to providing the following features. However, due to shifts in market demand, the following service features are no longer available. Please be advised that service features displayed on the mobile terminal of Ziya will determine the available options:
1. Previously, Ziya provided users with stable and secure instant messaging services facilitated by cloud computing and big data technology.
2. Formerly, Ziya employed comprehensive features to enhance user experience, encompassing functionalities such as comments, sending gifts, and more.
3. Service Rules
1. By using the Software, you acknowledge and accept its function as a platform for sharing, transmitting, and acquiring information. You are required to comply with the laws, regulations, and norms outlined in this agreement while utilizing the software's services. You are solely responsible for all actions taken under your registered account, including any content transmitted, and must bear the consequences thereof. Content includes graphics, video information, comments, and other materials generated during your use of the Software and its Services. It is advisable to carefully evaluate the Software's content, and any inquiries can be directed to the customer service contact details provided in this Agreement. Unless the Company violates laws, regulations, or the explicit terms of this Agreement, and such circumstances result in your losses, you are expected to assess and assume the risks and losses arising from the use of such content, including the legal implications and the risks associated with relying on its accuracy, completeness, or applicability.
2. The opinions or policies expressed in any Content posted or transmitted by you via the Software Services do not reflect those of the Company. The Company disclaims any responsibility in this regard and reserves the right to take appropriate actions promptly in accordance with laws, regulations, and this Agreement, including the relevant provisions outlined in Article 5.
3. You are solely responsible for the authenticity, legality, and validity of the information transmitted through the Software, and you shall bear any legal liabilities arising from such information. The Company reserves the right to take appropriate actions promptly in accordance with laws, regulations, and the terms of this Agreement, including the relevant provisions outlined in Article 5, regarding legal liabilities arising from the information transmitted by you.
4. The Company retains the discretion to change, suspend, reorganize, terminate, or cancel all or part of the software services due to business development needs. We advise you to take appropriate precautions in light of the aforementioned risks.
5. [Advertisements, Information, and Related Services] It is duly noted that the services provided by the Software may include advertisements, information, etc. By clicking the checkbox, you consent to receive advertisements, information from third-party vendors and partners, and other content pushed by the Software. These forms of push may include information flow or floating window push. The Company ensures the availability of a one-click close function for relevant advertisements, or you have the right to close push notifications in the form of floating windows in compliance with laws and regulations. You can manage and modify notification permissions for Ziyan System Settings - Application Management. The Company reserves the right to associate or display advertisements and advertising links through relevant pages, with the manner and scope subject to change without prior notice.
6. The products and/or services offered by the Software may contain links to other Internet sites or resources. While we fulfill our obligations to advertisers or service providers in accordance with laws and regulations, users understand and agree that these advertisers or service providers, along with their advertisements and service content, are beyond our control. We advise users to exercise caution when assessing the authenticity, applicability, and reliability of advertisements and service information. Unless expressly provided by law, you are responsible for the transactions you select based on relevant push content.
7.You should comply with laws and regulations, public order and social morality when using this software. You shall not use this software or its services to implement the following behaviors or publish, transmit, disseminate, store the following content:
(1) Against the basic principles determined by the Constitution;
(2) Those that jeopardize network security;
(3) Endangering national security, honor and interests;
(4) Inciting subversion of state power or overthrow of the socialist system;
(5) Inciting to split the country and undermine national unity;
(6) Disclosing state secrets;
(7) Promoting terrorism and extremism; promoting cults and feudal superstitions;
(8) Promoting ethnic hatred and ethnic discrimination;
(9) Spreading violence, obscenity and pornography;
(10) Inducing minors to commit crimes, rendering violence, pornography, gambling, terrorist activities;
(11) Producing, publishing or disseminating information that violates the security of children's personal information;
(12) Fabricating and disseminating false information to disrupt the economic and social order;
(13) Infringing on the reputation, privacy, intellectual property rights and other legal rights of others;
(14) Tracking or harassing others in other ways, illegally intruding into other people's networks, interfering with the normal functioning of other people's networks, stealing network data, and other behaviors that jeopardize network security;
(15) Providing programs and tools specifically designed to intrude into the network, interfere with the normal functions and protective measures of the network, steal network data or provide technical support for others, and other activities that jeopardize network security; engaging in activities that jeopardize network security, advertising, and payment and settlement;
(16) Using the services provided by our company to establish fraudulent websites, exchange groups, teach criminal methods, produce and sell prohibited items and controlled items, or using our network to publish fraudulent acts, controlled items and other illegal and criminal activities , manufacture or sale of prohibited items;
(17) Uploading, posting, or sending information about software viruses or other computer codes, files, and programs that interfere with, destroy, or limit the functionality of any computer software, hardware, or communication equipment;
(18) Failure to comply with laws and regulations, the socialist system, national interests, the legitimate interests of citizens, public order, social morality, information authenticity "seven bottom lines" requirements;
(19) Information containing other contents prohibited by laws and administrative regulations;
(20) Other information that violates laws, regulations, policies, public order and morals, social ethics, or interferes with the normal operation of the software or infringes on the legitimate rights and interests of other users or third parties.
8. Unless permitted by law or the Company's written permission, you may not engage in the following behaviors in the process of use:
(1) Inducing other users to click on linked pages or share information;
(2) Using the Software and any of its features or third-party operating platforms to advertise or promote each other without our written permission;
(3) Publishing, transmitting, or disseminating harassing information, advertising information, excessive marketing information, spam information, or information containing any pornographic or suggestive content;
(4) Producing or releasing methods or tools related to the above behaviors, or operating or disseminating such methods or tools, whether or not they are used for commercial purposes;
(5) Other acts that interfere with the normal operation of the Software or are not expressly authorized by us.
9. Our company reserves the right, based on reasonable judgment or internal risk control models, to intervene and prevent the transmission of any content that violates relevant laws, regulations, or the provisions of this Agreement, or infringes upon, hinders, or threatens the rights or safety of any individual. We may take appropriate legal actions against such content or behavior at our discretion, including but not limited to deleting illegal, infringing, or improper content within the Software Service, restricting or terminating the user qualification of violators, prohibiting their use of the Software Service in whole or in part, and preserving related information and data in accordance with laws and regulations for reporting to relevant authorities.
10. The ownership and operation of the service belong to our company. The services provided by our company will be executed strictly in accordance with the service rules, terms of service, and operational guidelines promulgated by our company.
11. All rights related to the Service, and all other rights not expressly authorized in writing in this Agreement, remain the property of the Company. Unless expressly stated in writing, the Company shall not waive, transfer, or grant any other authorization or license of the relevant rights and interests.
12. [Third Party Services] When utilizing products or services provided by a third party on our software platform, you are required to comply with the user agreement of that third party in addition to the provisions of this Agreement. We and the third party shall bear respective responsibilities for any disputes that may arise within the scope of the law and the agreement.
13. Ownership of this software account belongs to our company. Upon completing the registration process, you will be granted the right to use the software account, which is exclusive to the initial registrant, except as otherwise provided in this Agreement. We reserve the right to revoke your right to use the software account.
14. By registering as a user of the software, you warrant that the personal identification information provided is true, complete, and valid, and agree to bear corresponding legal responsibilities in accordance with the law and this Agreement.
15. During registration and application for the software account, you must set an avatar and nickname for the account; otherwise, the account registration will not be completed.
16. You are prohibited from maliciously registering accounts (including but not limited to using invalid phone numbers or impersonation) or engaging in illegal activities, disruption, harassment, or deception of other users using your account. Violations of this Agreement may result in permanent suspension or cancellation of registration, and the user shall be liable for any damages incurred. The Company reserves the right to report such behavior to judicial authorities.
17. You are responsible for securely maintaining your registered account information and password, and agree that the actions taken under your account and password shall be legally binding. You agree not to use another member's account under any circumstances and must immediately notify the Company if you suspect unauthorized account usage. Upon notification, we will suspend account usage until your identity is verified.
18. You must comply with the terms of this Agreement and use the Service in a legal, correct, and appropriate manner. Violations may result in termination of service provision as per this Agreement and the severity of the violation. Please refer to the "Legal Liability" section in Article 10 of this Agreement for specific responsibilities and legal consequences of breaches. Additionally, the company reserves the right to cancel your account under specified circumstances outlined in this Agreement and other reasonable grounds.
19. To ensure the functionality and user experience of the software service, please download the latest version and upgrade promptly.
20. You acknowledge and accept the risks arising from factors beyond our control, including but not limited to:
(1) risks associated with accessing third-party websites or using third-party services/products through the Software;
(2) risks arising from sharing, browsing, and disseminating information published by you;
(3) risks of software malfunction or information loss;
(4) force majeure events such as natural disasters, war, riots, and governmental actions.
4.Protection of Personal Information
1. Safeguarding the confidentiality of users' personal information stands as a foundational principle within our company. We pledge to collect, utilize, and securely store your personal data in strict accordance with this Agreement and the Ziya Privacy Policy. In cases where a conflict arises between the provisions of this Agreement concerning personal data protection and the aforementioned Ziya Privacy Policy, and if this Agreement does not explicitly address personal data protection, precedence shall be given to the Ziya Privacy Policy.
2. Quick Login: Upon selecting the Quick Login option, we promptly generate a unique identifier for your use. While you retain the right to cancel or delete this account, it is not transferable for commercial purposes, and you are obligated to maintain ownership of this ID.
3. Our company acknowledges the paramount importance of personal information to our users. Accordingly, we prioritize the protection of your privacy and personal data, handling them with utmost care. For further insights into the regulations governing the management and safeguarding of personal information, as well as your entitlements regarding personal data management, please refer to the Ziya Privacy Policy before initiating account registration. Alternatively, you may access the software at any time during your account usage for this information.
5.Intellectual Property Rights and Trade Secrets
1. The graphics, videos, text, or their components, as well as other company logos, product and service names involved in the Software or the services provided, are the intellectual property of our company. Without our prior written consent, you shall not display or use our logo in any way for profit, nor shall you indicate to others that you have the right to display, use, or otherwise have the right to deal with our logo.
2. The copyright, trademark right, patent right, and all other intellectual property rights involved in this software, as well as all trade secrets and information content related to this software (including but not limited to text, software, script, code, design, layout, etc.), and pictures, sound, music, video, application programs, picture analysis and query function and other content related to this software) are protected by laws and regulations and the corresponding international treaties. Our company owns all the rights to the above contents.
3. You may not modify the Ziya client program without our permission; you may not reverse engineer Ziya. You may not reverse engineer Ziya. You may not decompile or disassemble Ziya, and you may not destroy the integrity of Ziya (including program code, data, etc.).
4. Without our permission, you shall not produce or distribute any third-party software that harms our interests or disrupts the normal use of the software.
6.Legal Liability
1. In the event of your breach of this Agreement or any pertinent laws and regulations leading to claims, demands, or losses, including attorneys' fees, against the Company, partners, affiliates, or other users by a third party, you agree to indemnify and hold harmless the Company, partners, affiliates, and other users. Depending on the gravity of your actions, the Company retains the right to undertake measures, including but not limited to, suspension or termination of your account, restriction of service usage, and initiation of legal proceedings. Should your actions involve unlawful activities, disruption of public order, significant interference with platform usage, misuse of the software, harassment, or deceit of other users, the company reserves the right to revoke your account privileges and will cooperate with judicial investigations as necessary.
2. You bear the responsibility of ensuring that any information acquired through Ziya is employed for legitimate purposes. Any conduct contravening the law, public order, social morality, or this Agreement is strictly prohibited. In the event of such violations, you are solely accountable for resolving ensuing disputes and shouldering all related legal and financial liabilities.
3. As a network service provider, Ziya furnishes users with upload space services for publicly sharing content, including text, images, videos, and links. User-transmitted content is securely stored and encrypted by Ziya, except for the corner video feature that may flag uploaded videos on the Platform. Ziya staunchly opposes any actions breaching the laws and regulations of the People's Republic of China (PRC) and will promptly remove and cease the dissemination of any illicit information upon discovery.
4. Save as provided elsewhere in this Agreement, you are prohibited from transferring or assigning this Agreement or any rights delineated herein.
5. You acknowledge that Ziya functions as a communication tool and cannot anticipate or address the risks inherent in online interactions, encompassing direct, indirect, incidental, special, and consequential damages. You are exclusively accountable for transmitting or posting messages through Ziya. For details regarding our handling of user information, please consult the Ziya Privacy Policy.
6. You should under no circumstances place reliance on online information regarding financial transactions, such as money lending, password requests, or verification codes. Prior to engaging in any financial transactions, it is imperative to verify the identity of the counterparty and adhere to our company's fraud prevention guidelines. Should you receive such requests purportedly from our company, promptly contact the customer service phone number provided in this Agreement for verification before proceeding with any transactions.
7.Notice and service
1. All notices regarding the Software and the User Agreement may be communicated through the software interface, webpage announcements, email, or regular SMS transmissions.
2. For matters affecting your immediate interests, the company will take significant measures to alert you through the aforementioned notification channels. These notices are considered delivered to the user as of the date of transmission.
3. This Agreement is subject to applicable laws, dispute resolution mechanisms, and other provisions.
4. We emphasize the clauses of this Agreement that exempt us from liability and increase your obligations. Please review it carefully and assess the associated risks. Minors should review this agreement under the guidance of a legal guardian. We reserve the right to interpret and modify the aforementioned terms within the bounds permitted by law.
5. If any provision of this Agreement is deemed invalid or unenforceable, whether in whole or in part, for any reason, the remaining provisions shall remain valid and enforceable.
6. The titles of sections in this Agreement are provided for convenience only and do not hold legal significance.
7. [Applicable Law] The interpretation, validity, and dispute resolution of this Agreement shall be governed by applicable law.
8. [Dispute Resolution] In the event of any dispute or controversy between you and our company, it should first be resolved through amicable negotiation. If negotiation fails, you agree to submit the dispute or controversy to the competent court having jurisdiction over the signing of this agreement for resolution through litigation.
9. Should you have any comments or complaints regarding this agreement or the software services, please contact us via our customer service email at Ziya@hotmail.com.