ere we give users special remind of careful reading and fully understanding our “Service Agreement” (hereinafter referred to as the ‘Agreement’) --- all users of this service should read carefully and understand fully every clauses in the "Agreement", including the disclaimers of excusing or limiting Shenzhen Funcent Technology Ltd., responsibility and the rights limited clauses to all users. Please read prudently and choose to accept the "Agreement" or not and unless you accept all terms of the “Agreement", you can have the rights to apply for, open, and use the service. Your application, open, use, access and login account and other acts will be treated to accept the “Agreement” and its restriction.
The "Agreement" is about user’s application, use of 云查勘(the Service), managing account and using Funcent related services between you (the ‘All Users’ or ‘User’) and Shenzhen Funcent Technology Ltd.( Funcent). The “Agreement” describes the rights and obligations about the Service use and its relevant aspects between Funcent and 云查勘users.
The "Agreement" updated by Funcent at any time can take the place of the original one once published without our extra notice. If continuing Funcent's service, that means the users accept the revised Agreement, or you need to stop using the service provided by Funcent.
1.1 Before confirming the Agreement, the user must have all the legal rights to accept the Agreement or accept it on behalf of others and he need to read and understand the Agreement.
1.2.This agreement is a legal contract between 云查勘users, including individuals and the company on his representative, and Funcent. That users apply for opening this service means acceptance to the limitation of clauses and he will become a party to this Agreement once opening.
1.3.This Agreement shall be governed by the laws of People's Republic of China, signed in Shenzhen, China.
2.1 The Service is developed by Funcent. All its copyrights, trademarks, patents, trade secrets and other intellectual property rights, as well as with all the information relevant to the services includes, but not limited to: written expression and its combinations, icons, decorative figure, charts, colors, interface design, layout framework, relevant data, printed materials, or electronic documents which are protected by People's Republic of China copyright law, trademark law, patent law, anti-unfair competition law and the relevant international treaties and other intellectual property protection laws and regulations. Funcent is entitled to such intellectual property in addition to involving third-party licensed software or technology.
2.2 Any users must not self-impose, use, transfer or license any of the third parties to implement, use and transfer of above intellectual property rights for profit or non-profit purposes without Funcent's written consent. Funcent keep the right to investigate these unauthorized behaviors.
2.3. The promethean datum created by users in 云查勘platform is as well as possessed by Funcent. Users have the right to arrange them in some form, including copying and exporting from the platform, and Funcent is entitled to any form of disposal.
3.1 Use Policies and Restrictions
3.1.1 Users should comply with all relevant provisions, norms, policies and restrictions established by the service. These terms of norms, policies and restrictions will be modified from time to time. These policies and restrictions include, but not limited to, the most account numbers and the largest storage space created by the Service, etc.
3.1.2 This service is provided free to users who agree with the Service Agreement, but Funcent retains the final approval rights, including, but not limited to, the final establishment of accounts, the use restriction of service or some services and so on.
3.1.3 When the service uses some functions on your phone application App, it will use your phone's location information. But it requires the user to trigger App actively and we will protect these datum to ensure your privacy .
3.2 User obligations
3.2.1 User commits to use the service only in legal way and in accordance with the Agreement and the relevant rules.
3.2.2 The user has the responsibility to keep the final confidential user accounts and passwords. For unauthorized use or access the services, or other behaviors going against of security shall be informed to Funcent immediately once found. Funcent is not responsible for any loss or damage caused by that the user does not comply with these security obligations. Users agree under any circumstances that Funcent will not take any responsibility for any acts or omissions of user or end user (including any damages of any kinds caused by these acts or omissions ).
3.2.3 Without Funcent's permission, the user can not use the Service or part of it for commercial purposes, including, but not limited to the transferral, sale, transferral, etc.
3.3 Termination of Service
3.3.1 Funcent is entitled to revise the service content, suspend or terminate some or all of the service on the base of business development needs, with or without notice. And Funcent need not take responsibility for users or any third party.
3.3.2 Funcent can interrupt the use of 云查勘service at any time. Funcent has the right to terminate the service when the user violates the Agreement and Funcent's related service agreement, legal and regulatory requirements and when Funcent has commercial operational needs.
3.3.3 Funcent can terminate the service for long-term unused accounts.
3.4 Using the "Service" must comply with national laws and policies, safeguard national interest, national security, and comply with the "Agreement". Users take full responsibility for all their breaking the law or violation of the “Agreement”, it has nothing to do with Funcent and its cooperation units. The Funcent and the cooperation units have the right to require users to make compensation for the loss resulted from their violation and to retain relevant records.
3.5 The "Service", like the most Internet services, is influenced by, including but not limited to, all the users' reasons, network service quality, social and environmental factors. It may be subject to intrusive security issues, for example, others' using the user's information results in harassment in real life; other websites access or software users download and install contain "Trojan horse" and other viruses and its a threat to all users' safety of computer information and data which in turn affects this software's normal use and so on. All users should pay attention to strengthen the awareness of information security, the protection of your data and the password protection from loss and harassment.
3.6 The displacement, modification and upgrades of the Service:
Funcent reserves and has the right to replace, modify and upgrade the Service and charge to you for it without notice. Funcent can change or limit some functions of the Service for business development need, all users need to bear this risk.
3.7 Funcent has the right to enjoy the profit generated through the service or related revenue.
All users fully understand this and agree completely.
3.8. Funcent will do its utmost to protect the safety of users' data, but can not promise 100%. For other consequential or indirect loss resulted from the data loss, Funcent does not assume any responsibility.
3.9. Funcent is not responsible for the service interruptions and long termination caused by major natural disasters, wars and other irresistibility.
3.10. Funcent has the right to use aggregated statistical information.
4.1 Other acts of damaging the continuous service of 云查勘 and goodwill, including the attack on 云查勘server, will result in a fundamental breach of contract, Funcent reserves the right to stop the service, terminate this contract and recover the losses caused by it.
4.2 Funcent strives to maintain the normal operation of the system and does not bear any responsibility for any user loss due to system failures, including but not limited to income, reputation, etc. In addition, Funcent reserves the right to suspend all or part of the service without notice due to upgrade, maintenance or other purposes. For the resultant consequences for users, Funcent assumes no responsibility.
4.4 Funcent or with the cooperation partners can develop new services or adjust the software functions for the purpose of improving the service and its experience as well as business content according to the user's using state and behavior.
4.5 Funcent draws particular attention to all users: Funcent has the right to modify or discontinue the software license without notice to all users in order to protect the autonomy of the company's business development and adjustment. if necessary, the modification or interruption will be announced on the important page of 云查勘 website.
4.6 All users agree to compensate Funcent and related cooperation companies and prevent them from damage for their violation of the provisions of the "Agreement" or related terms of service which results in any claimant, demand or loss of any third parties, including reasonable attorneys' fees.
4.7 All Users bear their own risk for using the Service. Funcent and the cooperation units do not make guaranty of any kind for the Service whether expressed, implied or statutory warranties and conditions, including but not limited to the Service's merchantability, practicality, no virus, no negligence or no technical defect problems, expressed or implied warranties and conditions of proprietorship and non-infringement. Funcent and cooperation units do not assume any responsibility for the direct, indirect, incidental, special and consequential loss and risk resulted from use or inability to use the Service under any circumstances.
4.8 Because using the "Service" involves in Internet services,so it may be affected by all aspects of instability. There are many risks the user need to take, such as, irresistibility, computer viruses, hacker attacks, system instability, the user's location, the user's shutdown, illegal information, harassment massage, as well as service disruption and obstruction caused by other problems of network, technology, communication lines, information security management. All of those may not meet the user's requirements, so all users must understand and prepare to bear them.
4.9 Funcent and the cooperation units are not liable for all user's losses caused by communication line failure, technical issues, networking, computer failure, system instability of third party like telecommunications sector, and other force irresistibility.
4.10 Funcent and its cooperation units will not take responsibility for the user's losses resulted from irresistible event, like technical failure, that affects the normal operation of the service, but promise to coordinate the relevant units to repair at once.
5.1 If a dispute arises concerning the interpretation or implementation of this Agreement, the two sides should firstly try to resolve the dispute through friendly negotiations. If failing to resolve the dispute within sixty days after a party send an other party written notice required to begin consultations, then the any party may submit the dispute to execute arbitration in accordance with the effective rules of its relevant unit. The arbitral award which is final and binding to the parties, can not be appealed. Arbitration fees shall be borne by the losing party, unless other provisions provided by the arbitral award. Apart from the matters in dispute, the parties shall continue to exercise their respective rights and perform their respective obligations under this Agreement when any dispute occurs and is in arbitration.
5.2 The Agreement is signed in ShenZhen. The interpretation, effectiveness and dispute resolution of this Agreement, are applicable to Law of People's Republic of China. Any dispute or controversy between the user and Funcent should be firstly settled through friendly consultations. If the negotiation fails, the user fully agree to submit the dispute to the located People's Court in ShenZhen.
5.3 Funcent Service Hot-line:0755-86964193.