User Agreement
1. Special Tips
Welcome to use 51Earth products or services (“Services”)! Please read the following content thoroughly and make sure you fully understand it before you use the Services.
1.1. Please read this User Agreement (this “Agreement”) and other related agreements and rules carefully and rigorously follow them.
1.2. You can’t use the Services unless you have thoroughly read, fully understood and accepted all the terms of this Agreement. By clicking the “confirm” button on the page or otherwise accepting this Agreement, either expressly or impliedly, or using the Services through downloading, installing, logging in, etc., it means you have read and agreed to sign this Agreement. Therefore, this Agreement shall have legal force between you and 51Earth and become a legal document binding upon both parties.
1.3. If you are a user outside the territory of Hong Kong, China, you also need to comply with the laws of your country or region during your entry into or performance of this Agreement.
1.4. 51Earth will, based on the services you require, collect and use your personal information, including your identity information and contact information, during your use of the Services. Please read the Privacy Policy of 51Earth thoroughly and make sure you fully understand it. The Privacy Policy of 51Earth will help you understand how we collect, use, share and store your personal information.
1.5. You must ensure that you have full, quite, valid and necessary rights, power and authorities to agree to and perform this Agreement. If you agree to this Agreement for and on behalf of your employer or client, you hereby represent that you have obtained full, quite, valid and necessary legal authorization to bind your employer or client to this Agreement.
1.6. 51Earth reserves the right to amend this Agreement at any time without the need to notify you separately or in advance. In case of such amendment, 51Earth will publish the amended version of this Agreement on the official website and make public announcement or otherwise notify users. If you disagree to the amended version of this Agreement, please immediately stop using the Services. You understand and agree that the amended version of this Agreement is retroactive. If you still use the Services after the amended version of this Agreement comes into force, it is deemed that you agree to the amended version of this Agreement.
1.7. Make sure you thoroughly read and fully understand the contents of each clause, especially the clauses of exemption or limitation of liability, restriction on user rights, methods of dispute resolution and judicial jurisdiction. Among them, important contents such as the clauses of exemption or limitation of liability may be highlighted in bold for your attention, and you should place special emphasis on them. By clicking the “confirm” button on the page or otherwise accepting this Agreement, or actually using the Services hereunder, it can also mean that you fully agree that 51Earth has fully fulfilled its obligations of reminding and explanation. If you are a minor between the ages of 13 and 18, please read this Agreement together with you legal guardian and obtain the consent of your legal guardian before using the Services. If you are under 13 years old, please do not use the Services. If you have any behavior that is in violation of this Agreement, 51Earth has the right to unilaterally restrict, suspend or terminate the provision of services to you at any time and hold you accountable for any liabilities.
2. Definition of Terms
Unless otherwise specified herein, the following terms shall have the meanings given to them below:
2.1. 51Earth or “we” / “us”: 51WORLD High Technology (HK) Co., Limited and its affiliates.
2.2. Users or “you”: including registered users and browsing users.
3. Account and Security
3.1. In order to ensure the availability of certain services and modules, you may need to create an account. After you complete the registration procedures, you will be granted the right to use the 51Earth account. You shall ensure that the corporate/personal information to be provided by you during the registration process is true, accurate, latest and complete in all aspects, and constantly update your registered information to make them updated, detailed and accurate. You should not impersonate any other person or entity, or post any information in the name of others, or create false ID to mislead others. Otherwise, 51Earth has the right to immediately stop the services, and any and all legal liabilities arising therefrom shall be solely borne by yourself. You agree that any and all actions under an enterprise account will be deemed as the actions taken by the enterprise itself, and an enterprise shall be responsible for the behavior of its employees in the enterprise account management.
3.2. When you use a third-party account to log in to the Services, you may choose to authorize 51Earth to read and obtain, to the extent permitted by laws and regulations, the public information registered, published or recorded by you on the third-party platform (including email accounts, etc., subject to the scope of your authorization). The reason why 51Earth asks for your authorization to obtain the said information from a third party is to remember your login identity as a user and provide you with better products and/or services. We will only collect and use your personal information within the scope of your authorization.
3.3. Your actions in the use of the Services must be legal and conform to this Agreement. You must be responsible for all actions under the account registered by you, including any content you post and any consequences arising therefrom. You should make your own judgment on the contents therein and bear all risks arising therefrom, including the risks arising from your reliance on the accuracy, completeness or practicality of the contents. 51Earth can not, and will not, be liable for any loss or damage caused by your own actions.
3.4. You must keep your login information confidential to prevent it from being accessed or used by others, and be responsible for all your actions under your 51Earth account. In case of any possible illegal, unauthorized or suspected unauthorized access to or use of your account, you must inform 51Earth in a reasonable manner. 51Earth will not be liable for any losses caused by your failure to comply with the said requirements. You shall not disclose, transfer, sell or lend your account and password to others. If you authorize any person to use your account, you shall be fully responsible for all actions taken by the authorized person under your account.
3.5. 51Earth and you should conduct real name authentication in accordance with relevant laws and regulations. In order to activate certain modules in the Services, 51Earth may require you to provide further identity information, business qualifications and information to complete identity authentication or qualification verification. Only when you complete the identity authentication and qualification verification, can you order and use relevant services. You understand and agree that 51Earth has the right to review, either on our own or through a third party, whether the information you provide during real name authentication is true, accurate and valid. You understand and agree that if you fail to complete real name authentication in accordance with relevant laws and regulations and our requirements, you will not be able to order some content of the Services, and your access to or use of the Services may be affected as well.
4. Service Contents
4.1. The specific contents of the Services will be provided by 51Earth according to the actual situation, and 51Earth will also update them according to the actual situation, all subject to the service content on the page and relevant service agreements.
4.2. Unless otherwise agreed by both parties in writing, you shall (a) ensure that your network and system conform to the specifications we provide from time to time (if any); (b) be fully responsible for purchasing and maintaining network connection or telecommunications connection from your system to our or any third-party’s data center; and (c) be responsible for all problems, conditions, delays, delivery failures and all other losses, damages, liabilities, costs or expenses of any nature or kind arising from or in connection with your network connection, telecommunications connection or the internet.
4.3. 51Earth shall not be liable for any commercial loss, delay in performance or non-performance caused by any reason beyond its control, or any damage not caused by 51Earth’s non-fulfillment of its obligations.
4.4. During your use of the Services, 51Earth will, in addition to collecting and using your personal information based on the services your need, collect, summarize and analyze module usage data (including product feature usage data, product feature improvement data and program error logs) to improve product quality and promote innovative security services that are helpful to users, and finally improve 51Earth user experience. For details, please refer to Privacy Statement on the User Experience Improvement Plan of 51Earth.
5. Third-party Products and Services
5.1. The Services may contain products or services provided by third parties. When users use such third-party products or services, there may be other relevant agreements or privacy policies, which you should thoroughly read and comply with as well.
5.2. You understand and agree that, in order to provide you with a better user experience, third parties may, when you use third-party services, access and use your registered account name and related operational information in the third-party services.
5.3. The Services or third parties may provide links to other websites or resources on the internet. Since these websites and resources are not under 51Earth’s control, you must understand and agree that 51Earth will not be responsible for the validity of these websites or resources, nor will it be responsible for or make any guarantee regarding any content originating from these websites or resources, including but not limited to advertisements, products or any other materials. 51Earth will not be liable for any loss or damage caused by your use of or reliance on any content, advertisements, products or services obtained from or posted on these websites or resources.
5.4. Third-party products or services are provided on a “as it is” and “currently available” basis. In case of any dispute arising from your use of third-party products or services, please contact the third party concerned directly. We do not make any form of representation or warranty regarding any third-party products or services, nor do we assume any liability for any loss, damage, expense or cost of any nature or type caused by any third-party products or services, but we will provide necessary assistance according to the law as needed.
6. Limitations on Rights
6.1. You must comply with relevant laws and regulations of Hong Kong when you use the Services. You agree that you will not take advantage of the Services to engage in any illegal or improper activities, including but not limited to the activities which:
6.1.1. endanger national security, disclose state secrets, subvert state power or undermine national unity;
6.1.2. harm the honor or interests of the state;
6.1.3. incite national hatred or discrimination or undermine national unity;
6.1.4. undermine the state’s religious policies or propagate heresy or feudal superstition;
6.1.5. spread rumors or disturb the economic and social order;
6.1.6. spread obscenity, pornography, gambling, violence, murder, or terror, or abet crimes;
6.1.7. insult or slander others, infringe upon others’ legitimate rights and interests;
6.1.8. incite illegal gatherings, associations, marches, demonstrations, gatherings to disrupt social order, or activities under the name of illegal civil organizations;
6.1.9. contain any false, harmful, coercive, vulgar or obscene content, or any content infringing on the privacy of others, harassing, infringing or defaming others, or other unethical content; or
6.1.10. contain any other content restricted or prohibited by laws, regulations, rules, ordinances, and any legally binding norms.
6.2. You should agree not to take advantage of the Services to:
6.2.1. upload or publish computer viruses, worms, malicious code, or software intentionally damaging or altering computer systems or data;
6.2.2. collect information or data of other users, such as email addresses, without authorization;
6.2.3. use links to this website to cause excessive burden on the website, or otherwise interfere or damage the website server and network links;
6.2.4. maliciously register a 51Earth account, or interfere with or disrupt other users’ normal use of the Services.
6.3. You agree to indemnify and hold 51Earth and its partners from and against any claims, demands or losses (including reasonable attorney fees) arising from your violation of this Agreement or relevant service terms or claimed by any third party. In case of such violation, 51Earth shall have the right to, based on the nature of your actions, delete the information posted by you, or suspend your right to use our services, terminate our services, restrict your use of our services, retrieve your 51Earth account, pursue you legal liabilities or take other measures against you. Meanwhile, 51Earth will assist the judicial department with the investigation upon request.
6.4. You shall assume legal liability for your own actions during the use of the Services, including but not limited to compensating the victim, and reimbursing 51Earth an amount equal to the administrative penalties or infringement damages paid or suffered by 51Earth due to your actions.
6.5. 51Earth has the right to review, supervise and process, either on its own or through a third party, your action of using the Services and information, including but not limited to user personal information (such as account information), the contents posted (such as location, text, images, audio, video, trademark, patents and publications), user behavior (such as relationship construction, information, comments, participation in topics, participation in activities, release of marketing information, reporting and complaints), and other categories.
7. Saving, Disclosure and Deletion of User Data
7.1. We may disclose all or any part of your data to any of the following recipient and under any of the following circumstances:
7.1.1. to third parties with your consent;
7.1.2. to third parties or administrative or judicial organs when it is so required by the law or the administrative or judicial organs;
7.1.3. to third parties when you violate relevant laws and regulations; or
7.1.4. to third parties for the purpose of providing you with the software or services you require.
8. Disclaimer and Limitation of Liability
Given the openness and particularity of the internet, we especially remind you to pay attention to the following risks:
8.1. The Services cover texts, images, data, models, assets, viewpoints, suggestions, web pages and links, etc. 51Earth will do its utmost to provide you with accurate information, but in the free-use mode, the data provided or developed by 51Earth can only be used by you for exchange purpose. By using our services, you are deemed to have known and agreed to use it as it is. 51Earth does not make any representation or warranty, either express or implied, regarding the ownership, accuracy, completeness, loss, error or defect of relevant services or data, or any representation or warranty derived from trading habits, usage methods or otherwise.
8.2. The Services are provided as it is under the current technological level and conditions. To the extent permitted by law, we do not offer any other facilitating conditions, or make any other representations or warranties other than those specified herein. Though we will do our best to provide you with and ensure the continuity and security of our services, we cannot guarantee that the services provided by us are flawless, nor can we foresee or prevent legal, technical and other risks at any time, including but not limited to service interruptions, data loss, and other losses and risks caused by force majeure, viruses, Trojans, hacker attacks, system instability, defects in third-party services, government actions or other reasons. Therefore, you agree that even if there are defects in the services provided by 51Earth, such defects shall not be deemed as 51Earth’s violation because they are unavoidable based on the technological level of the industry at that time, and you agree to waive the liability of 51Earth in case of any loss of data or information caused to you. If there is a need to suspend services due to system maintenance or upgrades, 51Earth will notify you in advance. However, if the suspension of services is caused by the line, or any hardware fault or other force majeure event beyond the control of 51Earth, 51Earth shall not be held liable for any inconvenience or losses caused thereby during the suspension period.
8.3. To the extent permitted by your local law, we hereby exclude any and all implied warranties regarding merchantability, quality satisfaction, suitability for specific purposes, no process issues, and non-infringement.
8.4. Some 51Earth services are created by users. Relevant contents posted by users only represent the viewpoint of the users themselves rather than 51Earth. 51Earth will not make any edit or modification to the contents posted by users. Any and all liability arising from the authenticity of the contents posted by users shall be borne by the users themselves, and have nothing to do with 51Earth.
8.5. 51Earth can’t control the legality, source and ownership of the contents posted by users and has no obligations to review such contents in advance, nor does it make any express or implied warranties or offer any kind of facilitating conditions with respect thereto. We remind you to exert your own prudent judgment on the legality and validity of the contents posted and make independent judgment on the information generated by other users during their use of the Services, and bear all risks arising from your reliance on such contents (including but not limited to the risks arising from your reliance on the accuracy, completeness, or practicality of the contents) and the risks arising from your personal information being known to other users. You understand and agree that 51Earth will not assume any liability for any dispute between 51Earth users.
8.6. 51Earth can’t control or guarantee that all of its users will post contents or use any posted contents in full compliance with this Agreement. We remind you that there may be users’ infringement behavior by posting contents or using any posted contents beyond the scope of this Agreement, and all losses caused thereby shall be borne by users themselves. 51Earth only needs to provide assistance when necessary.
8.7. Any disputes and/or losses that arise or may arise between users due to their use of the Services shall be resolved and borne by the users themselves and have nothing to do with 51Earth. 51Earth will not be involved in any legal relationship or dispute arising from any posted contents, including confirmation of ownership and right of use.
8.8. Please don’t disclose any of your important information, such as those related to property, accounts or passwords. Otherwise, any and all losses caused thereby should be borne by yourself.
8.9. If you or other users breach this Agreement and thus are punished by 51Earth in accordance with the provisions hereof, your content, information and other data in the Services may be affected as a result.
8.10. Unless otherwise provided in this Agreement or agreed by both parties in writing, you agree that, if 51Earth breaches this Agreement, the sole remedy available for you is that 51Earth reimburses you for your direct and proven damages, provided that the amount of reimbursement shall be no more than the annual service fee paid by you to 51Earth for the services in the year in which such damage or breach occurred (or no more than HKD 1 if you obtain the Services free of charge). You can’t claim any other damages or losses, including but not limited to direct damages, consequential damages, special damages, loss of profits or incidental or punitive damages. To the extent permitted by law, these limitations and exclusion clauses apply to any matter or claim in connection with this Agreement, even if the said remedy does not fully compensate you for all losses or fails to achieve its fundamental purpose, or we know or should know that losses may occur.
8.11. 51Earth shall not be held liable if it fails to fulfill, or delay in fulfilling, its obligations hereunder due to any events beyond its reasonable control, such as malicious damage, accidents, non-compliant operating environment or other equipment malfunctions. 51Earth will do its utmost to minimize the impact of these events and fulfill the portion of obligations that are not affected.
8.12. You understand and agree that 51Earth can’t control the content of, and does not guarantee the legality, accuracy and completeness of, any image, model or other materials uploaded or posted on 51Earth platforms through any third party, and thus 51Earth shall not be held liable for any losses caused thereby. However, 51Earth has the right to take measures to handle relevant contents and user accounts, including but not limited to sending a notice to relevant users, freezing their user accounts, blocking the contents, disconnecting the links, or deleting the contents.
8.13. In case users suffer any losses in the process of collecting, storing, processing, using, sharing, transmitting or trading relevant data (if any) due to any reason attributable to the storage service provider, such losses shall be borne by the storage service provider. 51Earth will not assume any liability or pay any compensation with respect thereto.
9. Users’ Authorization
9.1. You understand and agree that 51Earth may, for the purpose of continuously improving its services, reasonably exploit (including commercialization) the contents uploaded, posted or transmitted by users on 51Earth platforms, as well as the materials and assets uploaded by users for the improvement and development of 51Earth software. You further understand and agree that, in case of infringement, 51Earth may take necessary measures to protect the legitimate rights and interests of users and 51Earth.
9.1.1. You hereby authorize 51Earth to exploit the contents posted or uploaded by you to the extent permitted by law;
9.1.2. The said authorization is general, worldwide and sublicensable, and can be used for commercial purposes;
9.2. Any third party who needs to exploit the contents uploaded, posted or transmitted by a user on 51Earth platforms should contact the user on its own to obtain legal authorization from the user.
9.3. Termination of authorization
If a user revokes the contents posted by it, the said authorization will terminate at the time when the revocation happens. However, the act of revocation is not retrospective, which means that the exploitation that has already occurred under the original authorization can be valid within the original scope of authorization. Except for the said circumstances, the said authorization shall remain in effect for a long time.
9.4. 51Earth hereby represents that the said authorization does not imply that 51Earth has exploited the contents uploaded, posted or transmitted by users on relevant 51Earth platforms, nor does it constitute any basis for proving 51Earth’s use of the contents.
9.5. You agree that 51Earth may, as needed, refer you as one of its typical customers, or use your brand name, logo, trademark or display materials related to the Services, for promotion or publicity purpose.51Earth guarantees that it will not make any statements that are unfavorable to or may cause misunderstandings about you or any of your affiliates in such promotion or publicity activities. Subject to the provisions of this Agreement, during your use of the Services, you may use 51Earth’s marks to promote or state your use of 51Earth services in your products or services. Except for that, you shall not use business names, trademarks, service marks, logos, domain names and other obvious marks of 51Earth in any way.
10. Change, Suspension or Termination of Services
10.1. 51Earth may change the content of its services, or suspend or terminate its services upon prior notice.
10.2. In case of any of the following circumstances, 51Earth shall have the right to, based on the nature of your actions, delete the contents posted by you, or suspend your right to use our services, restrict your use of our services, terminate our services, retrieve your 51Earth account, pursue you legal liabilities or take other measures against you. Meanwhile, 51Earth will assist the judicial department with the investigation upon request.
10.2.1. where you are required to submit truthful information by the law, but the personal information you provide is not true, or does not match the registered information and you fails to provide reasonable proof;
10.2.2. where you imitate 51Earth’s management personnel for the purpose of impersonating them or damage their image;
10.2.3. where you have violated relevant laws and regulations or the provisions of this Agreement;
10.2.4. where such measure is so required by the law or regulatory authorities;
10.2.5. where such measure is needed for the sake of safety or other necessary reasons;
10.2.6. where 51Earth believes that you do not meet the user qualification any more due to any change in your basic conditions, or your poor credit or for any other reasons;
10.2.7. where you have any act that harms the interests of 51Earth;
10.2.8. where you fail to pay in full and on time for some charging items; or
10.2.9. where you fall under any of the circumstances listed in Article 6 hereof or any other circumstances deemed inappropriate by 51Earth.
10.3. In case the contents posted by you on relevant 51Earth platforms fall under any of the following circumstances, 51Earth’s management personnel shall have the right to delete the contents directly without sending prior notice to you, and impose penalties on you in accordance with relevant rules regulations. If the violation is serious, 51Earth’s management personnel shall have the right to shut part of your access, suspend your user account, or even cancel your user account. If the violation is extremely serious, you may even need to assume legal liability.
10.3.1. where those you post contain any content that is prohibited from being posted or disseminated hereunder;
10.3.2. where those you post do not meet the theme of the page or have no content;
10.3.3. where those you post appear multiple times;
10.3.4. where you post advertisements in violation of the provisions of this Agreement;
10.3.5. where those you post contain content or format that seriously affects user browsing; or
10.3.6. where you fall under any other circumstances deemed inappropriate by 51Earth.
10.4. 51Earth has the right to handle illegal and irregular content in accordance with the provisions of this Agreement. However, such right does not constitute 51Earth’s obligation or commitment to do so. 51Earth can’t guarantee that it will discover illegal behavior or handle them in a timely manner at all times.
10.5. You understand and agree that this Agreement aims to ensure compliance with laws and regulations, maintain public order and good customs, and protect the legitimate rights and interests of users and others. 51Earth will do its best to make judgments in accordance with laws and regulations, but it does not mean that 51Earth’s judgments will be perfectly consistent with those of judicial or administrative authorities. You further understand and agree that, in case of such inconsistence, the consequences arising therefrom shall be borne by yourself.
10.6. In case this Agreement or the Services are terminated for any reason, 51Earth may decide, at its sole discretion, to retain or delete all data in your account or any information generated during your use of the Services, including any data that you have not completed before the termination of the Services.
10.7. In case this Agreement or the Services are terminated for any reason, you shall back up relevant data and information and handle related matters with your users on your own. In case of any losses caused thereby to 51Earth, you shall be liable for compensation accordingly.
11. Intellectual Property
11.1. Unless otherwise specified, the intellectual property rights in the contents provided by 51Earth in the service (including but not limited to web pages, text, images, audio, video, charts, software and data) shall belong to 51Earth. For the contents generated during your use of the Services, the ownership of the intellectual property rights therein shall be subject to the specific service content on the page and relevant service agreements. Without prior written consent of 51Earth or relevant rights holders, you shall not: exploit, utilize or transfer, or permit any third party to exploit, utilize or transfer the said intellectual property rights; or modify, rent, lend, sell, distribute or create any derivative from, or otherwise use all or any part of the said intellectual property rights; or evade or disable any content protection system or digital rights management technology used by the Services; or reverse compile, reverse engineer, reverse assemble or otherwise restore any of the Services to any other form; or remove or hide any logo, copyright or other ownership marks; or use the Services for the purpose of developing competitive products or services; or operate, provide or use products, services or brands that are the same or similar to ours, either in violation of laws and regulations, or without legal authorization, or by counterfeit or impersonation, in order to mislead or confuse the consumers that they have a specific connection with us.
11.2. The intellectual property rights in the texts, images, videos, audio, and other originally created or legally authorized contents uploaded, posted or transmitted by users during their use of relevant 51Earth platforms shall belong to the users, the original copyright owners or other related rights holders concerned.
11.3. The patent rights in any business marks, logos, trade names, enterprise names, domain names, publication numbers, and other unique identifiers containing words such as “51Earth” used by 51Earth in the Services shall belong to 51Earth. Under no circumstances shall users use any trademark, service mark, trade name, domain name, website name or other prominent brand features of 51Earth, or modify, block or delete them, without authorization.
12. Notice of Infringement Complaint
12.1. 51Earth thinks highly of and pays attention to protecting the intellectual property right, the right of reputation, the right of name, the right of privacy and other legitimate rights and interests of users and other third parties. You shall ensure that the texts, images, videos, audio, links and other contents uploaded by you during your use of the Services hereunder will not infringe upon the intellectual property right, the right of reputation, the right of name, the right of privacy and other legitimate rights and interests of third parties. Otherwise, 51Earth shall have the right to remove the contents suspected of infringement after receiving notices from relevant rights holders or relevant parties. In case of any claim made by third parties, you shall handle it on your own and bear all legal liabilities that may arise therefrom. If your infringement behavior causes any loss (including but not limited to economic loss, loss of goodwill) to 51Earth or any of its controlling companies, succeeding companies or affiliates, you shall further compensate 51Earth and the said entities for all losses accordingly. If you believe that any works released by 51Earth infringe upon your copyright, you may send a written notice to 51Earth requesting for removal, which notice should contain the following information:
12.1.1. certificate of copyright ownership which the content suspected of infringement is infringing, such as registration certificate, creative manuscript, proof of date of publication, certificate of ownership issued by certification agency;
12.1.2. the name, contact information, contact address, and identity certificate of the rights holder (i.e., a photocopy or scanned copy of the original ID card if it is a natural person; or a photocopy or scanned copy of the original business license, public institution legal person certificate, social organization legal person registration certificate or other certificate if it is a company, enterprise or social organization; or a certificate of good standing of overseas enterprises (certified by the embassy) and its Chinese translation if it is an overseas entity);
12.1.3. certificate of authorization (if any);
12.1.4. the accurate name, specific location and network address of the content that you request for removal;
12.1.5. evidence of copyright infringement;
12.1.6. statement on the authenticity of the content of the notice.
12.2. The notice must be signed by the copyright owner if it is a natural person, or stamped with an official seal of the copyright owner if it is a company, enterprise or social organization.
12.3. The contact email address of 51Earth is 51earth@51earth.com, and the contact number of 51Earth is (+86) 010-84388170.
12.4. 51Earth will, according to the notice you send, decide to take such measures as it deemed reasonable and fit to handle the issue, including freezing relevant account, block or delete relevant contents, and keep the notice for 6 months. However, if the notice you send does not conform to the said provisions, it will be deemed that you have never sent the notice and 51Earth will not take any measures with respect thereto.
12.5. During the review process, 51Earth has the right to request the complainant to provide or supplement such materials as it deems necessary. The complainant should respond to or supplement the requested materials within a reasonable time limit specified by 51Earth. If no response or supplement is made within the time limit, it shall be deemed that the complainant has withdrawn the complaint.
12.6. The complainant should note that, after taking reasonable measures such as freezing relevant account, block or delete relevant contents, 51Earth will inform the respondent of the complaint and the measures taken. If the respondent believes that its actions do not infringe upon the legitimate rights and interests of others, it shall provide materials proving its non-infringement within a reasonable period of time specified in the notice. After receiving the materials, 51Earth will promptly review and transfer the materials to the complainant. If, after review, 51Earth believes that the materials provided by the respondent are complete and well founded, it may decide based on the situation whether to terminate the reasonable measures taken and inform the complainant to file a complaint with relevant departments or file a lawsuit with the court.
12.7. 51Earth will not be liable for any losses caused to both parties due to its reasonable actions in the process of handling infringement complaints.
13. Force Majeure
13.1. You understand and agree that there may be force majeure and other risk factors that may cause interruptions to the Services during your use of the Services. For the purpose of the preceding sentence, “force majeure” refers to any objective event that is unforeseeable, unavoidable and insurmountable, and has a material impact on either party or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics and storms, as well as social events such as war, turmoil and government actions. In the event of such interruption, 51Earth will promptly cooperate with relevant units to repair it in a timely manner, but 51Earth is exempt from the liability for any losses caused to you to the extent permitted by the law.
13.2. To the extent permitted by law, 51Earth will not be liable for any service interruption or obstruction caused by:
13.2.1. any damage caused by computer viruses, Trojan viruses or other malicious programs or hacker attacks not attributable to 51Earth’s breach of its obligations as a network operator;
13.2.2. any malfunction in your or 51Earth’s computer software, system, hardware or communication lines;
13.2.3. your wrong or improper operation;
13.2.4. your use of the Services by any means not authorized by 51Earth;
13.2.5. other circumstances beyond the control or reasonable foreseeability of 51Earth.
14. Notice
14.1. 51Earth may serve you various rules, notices, reminders or other information related to the Services by making an announcement on the website, sending a reminder on the webpage, sending an email to your email address, sending you a short message, releasing the information in the community or group, delivering a letter to you, or sending internal messages within the management system of the your registered account, or by any two or more combination of the said methods. Such information, once published or sent to you by 51Earth by any of the said methods, shall be deemed to be successfully served and binding upon you. If you do not accept it, please notify 51Earth in writing; otherwise, it will be deemed that you have accepted and agreed it.
14.2. If you fail to receive any of the said rules, notices, reminders and other information due to any error in the email address, phone number, mailing address, etc. provided by you, all consequences and liabilities resulting therefrom shall be borne by you.
14.3. You further agree that 51Earth or its partners may send to your email address, phone number, etc. information that is unrelated to the Services, including but not limited to commercial advertisements.
14.4. If you need to notify 51Earth of something, you should send a written notice to 51Earth through the contact information officially announced hereunder.
15. Governing Law and Jurisdiction
15.1. This Agreement is concluded in Hong Kong, China.
15.2. The execution, effectiveness, performance and interpretation of this Agreement and the dispute resolution hereunder shall be governed by the laws of Hong Kong.
15.3. In case of any dispute or controversy between you and 51Earth, such dispute or controversy should be first resolved by both parties through friendly negotiation. If such negotiation fails, you agree to submit the dispute or controversy to an institution administered by the Hong Kong International Arbitration Center for a final decision in accordance with the Hong Kong International Arbitration Center Administered Arbitration Rules in effect at the time of the arbitration notice. The arbitration shall be conducted in the Hong Kong International Arbitration Center.
16. Miscellaneous
16.1. If any provision of this Agreement is invalid or unenforceable for any reason, the other provisions shall remain valid and binding upon both parties.
16.2. The provisions of this Agreement that should survive the termination of this Agreement by their nature shall remain in effect after the termination of this Agreement.
16.3. This Agreement also includes the Privacy Policy of 51Earth and other ancillary agreements. Please thoroughly read the Privacy Policy of 51Earth and other ancillary agreements. By accepting this Agreement, you are deemed to accept the Privacy Policy of 51Earth and other ancillary agreements. Some of the Services may come with supplementary agreements, such as agreements regarding specific platforms, items, software, applications or other services (“Separate Agreements”). Each Separate Agreement constitutes a supplement to this Agreement. In case of any conflict between the two, the provisions of the Separate Agreement shall prevail. Once the Privacy Policy of 51Earth and other ancillary agreements, as well as any Separate Agreements that may be involved, are officially released, they shall constitute an integral part of this Agreement and have the same legal effect as this Agreement, and you should abide by them as well. By accepting the said Separate Agreement, you are deemed to accept this Agreement, the Privacy Policy of 51Earth and other ancillary agreements.
16.4. 51Earth’s waiver of any provision of this Agreement one time shall not be deemed its further or future waiver of that provision or any other provision. 51Earth’s failure to assert its right in accordance with any provision of this Agreement shall not constitute its waiver of such right or provision.
16.5. The titles of this Agreement are inserted for convenience only. They have no actual meaning, and thus cannot be used as a basis for interpreting this Agreement.