You are welcome to read the “App User Service Privacy Policies” (Hereinafter referred to as the “Agreement”). The terms and conditions as set forth herein shall apply to the products and services on the APP to be used by you (Hereinafter referred to as the “User”).
1.1 Shenzhen JOYONWAY Electronic Technology Co., Ltd. and its related affiliates (Hereinafter referred to as “JOYONWAY” collectively) agree to provide the relevant services (Hereinafter referred to as “JOYONWAY services”) on JOYONWAY APP and JOYONWAY’s official website (www.joyonway.com) based on Internet and mobile network, in accordance with the provisions of the Agreement and the operating rules as released by JOYONWAY from time to time.
1.2 The user of JOYONWAY services (Hereinafter referred to as the “user”) shall accept and agree on all the terms and conditions of the Agreement based on the full understanding of the Agreement and on the basis of independent thinking, and shall go through the whole procedure for registration according to the prompts on the page; the registration, login, use, and other actions taken by the user shall be regarded as the full acceptance of the Agreement and the rules and regulations as publicized by JOYONWAY.
1.3 JOYONWAY shall have the right to supervise, prompt, check and correct all the activities launched on JOYONWAY APP and JOYONWAY’s official website.
2.1 The specific items of JOYONWAY services shall be provided by JOYONWAY according to the actual situation, including but not limited to the uploading, search, and pushing by the authorized user via his/her account of the relevant information to the interconnected user, and the downloading and sharing by the authorized user of the relevant information; JOYONWAY shall have the right to upgrade or make other adjustments of the form of services or products provided by JOYONWAY, and notify the user by updating the content of APP\website, without further notice to the user.
2.2 JOYONWAY services to be provided by JOYONWAY may include advertisements, and the user agrees to display the advertisements provided by JOYONWAY, any third-party supplier, and partners while using JOYONWAY services.
2.3 JOYONWAY will provide only the technical services related to JOYONWAY services; the equipment related to the relevant network services (e.g. personal computer, mobile phone, and other devices in association with access to Internet or mobile network) and the expenses required (e.g. the telephone bill and the Internet fee paid for access to Internet, the mobile phone fee paid for use of the mobile network) shall be solely borne by the user.
3.1 In view of the particularity of the network services (Including but not limited to the force majeure, network stability, system stability, technical failure, user location, turnoff by user, virus in user’s mobile phone or malicious cyber-attack, and any other reason attributable to technology, Internet, communication line, and content infringement), the user agrees that JOYONWAY shall have the right to interrupt or terminate JOYONWAY service in full or in part from time to time, and JOYONWAY will notify the user promptly and in a reasonable way, and will repair it as soon as possible. However, JOYONWAY shall take no liability for the failure of the user to send, receive and read the information, or receive and send the wrong information as a result, and the user shall take the aforesaid risks.
3.2 The user understands that JOYONWAY shall, on a regular or irregular basis, repair and maintain the platforms or relevant equipment on which JOYONWAY services are provided; if the provision of such services is interrupted within a reasonable period of time in such circumstances, JOYONWAY shall notify the user in advance as far as possible, but shall take no liability therefor.
3.3 In case of the unauthentic personal information provided by the user, the violation by the user of laws, regulations and national policies, or the rules for use as stipulated herein, JOYONWAY shall have the right to interrupt or terminate the provision of JOYONWAY services hereunder to the user from time to time without any liability to the user or any third party.
4.1 When applying for registration of JOYONWAY services, the user must provide JOYONWAY with accurate entity information (if the user is an individual, including name, gender, date of birth, telephone number, email address, etc.; if the user is an organization, including name, registered address, registration number, etc.); in case of any change in the subject information, it must be updated promptly. Any loss incurred to either party hereto or any third party due to the problem in the authenticity of the information provided by the user shall be borne by the user.
4.2 Upon the successful registration, the user will be assigned an account and a password set by the user, which shall be kept by the user; the user shall bear the relevant legal responsibility for all the actions on the user account.
Users must comply with the following principles when using JOYONWAY services:
(1) To abide by the relevant Chinese laws and regulations;
(2) Not to use JOYONWAY services for any illegal purpose;
(3) To comply with all network protocols, regulations and procedures in relation to the network services;
(4) Not to use JOYONWAY service system for any action that may have adverse effect on the normal operation of the Internet;
(5) Not to use JOYONWAY service system for any action that is not conducive to JOYONWAY.
4.3 The user shall not use JOYONWAY services to produce, upload, send or disseminate the sensitive information and information that violates national laws and regulations, including but not limited to the following information:
(1) Those opposing the basic principles as set forth in the Constitution;
(2) Those endangering national security, divulging state secrets, subverting state power, or undermining national unity;
(3) Those impairing the national honor and interests;
(4) Those inciting national hatred or discrimination, and undermining national unity;
(5) Those undermining national religious policies and propagating evil cults and feudal superstitions;
(6) Those spreading rumors, disturbing social order, and undermining social stability;
(7) Those spreading obscenity, pornography, gambling, violence, murder, terror or instigating crimes;
(8) Those insulting or slandering others or infringing upon others’ legitimate rights and interests;
(9) Those containing other contents prohibited by laws and administrative regulations.
4.4 The user agrees not to use the account or password of any other user under any circumstance. If you are suspicious of the use by others of your account or password, you agree to notify JOYONWAY immediately.
4.5 The user shall have the right to change or delete the personal information, registration information, and transmission contents in JOYONWAY services. However, any text and picture stored in the system will also be deleted when such information is deleted. The user shall take such risk.
4.6 If the user violates any provision hereof, JOYONWAY shall have the right to terminate the service provided to the account of the breaching user according to the Agreement.
4.7 If the user does not log in the account for a long time after the registration of such account, JONYONWAY shall have the right to take such account back so as to avoid the waste of resources, and the user shall be solely responsible for any problem arising therefrom.
5.1 Any text, picture, logo, audio and video materials contained in JOYONWAY services provided by JOYONWAY shall be protected by the laws concerning copyright, trademark, patent, and other property rights.
5.2 Without the consent of the relevant obligee and JOYONWAY, the above information shall not be displayed in any other third-party platform or used for any other commercial purpose in any way; the user shall not reproduce, modify or compile the above content or create the derivative products related to the above content without authorization.
6.1 The term “privacy” referred to herein includes the contents of the user’s personal information as stipulated in Article 4 of the “Regulations on Protection of Telecommunication and Internet Users’ Personal Information” as well as the contents to be included in privacy as expressly stipulated in laws and regulations enacted or amended from time to time in the future.
6.2 The protection of the user’s privacy and personal data is a basic system of JOYONWAY; JOYONWAY will take all kinds of measures including systems, security technologies and procedures to protect the user’s privacy and personal data from unauthorized access, use or disclosure, and shall guarantee not to make public to any other third party than the cooperators nor use for any illegal purpose the registration information of a single user and the nonpublic content stored by the user at JOYONWAY when using JOYONWAY services, except for the following circumstances:
(1) The explicit prior authorization is received from the user;
(2) According to the requirements of relevant laws and regulations;
(3) In accordance with the requirements of relevant government departments;
(4) To safeguard the interests of the public;
(5) It is necessary to protect the legitimate rights and interests of JOYONWAY when the user infringes upon the legitimate rights and interests of JOYONWAY hereunder.
6.3 While registering an account on JOYONWAY APP or using the services on JOYONWAY APP, the user is required to provide some information as necessary, such as name, telephone number, email, gender, date of birth, designation, registered address, and registration number. In order to provide the user with the account registration service or to verify the user identity, the user is required to fill in with his/her mobile phone number; some features require the user’s authorization to use the user’s camera or album; some features require the user’s authorization to access to the user’s mobile phone address book, etc. If the user does not authorize or provides incomplete information, the user will not be able to use the services or will be restricted in the use of the services. For the information to be provided with the user’s authorization, JOYONWAY makes the commitment to take measures to protect the security of the user’s personal information.
6.4 In order to provide the user with better user experience and improve the service quality on JOYONWAY APP, JOYONWAY may collect, use or provide the user’s non-personal privacy information to a third party. JOYONWAY will supervise and manage the use of the user’s personal information by such third party, and make every effort to protect the security of the user’s personal information.
7.1 The user shall abide by national laws, regulations and policies when using JOYONWAY services, and shall bear any legal liability for the information and content produced, uploaded, sent and disseminated by the user, which has nothing to do with JOYONWAY.
7.2 If any information and content displayed and pushed on the pages of JOYONWAY APP to the user are recommended by JOYONWAY to the user after searching, positioning and matching on any third-party website in the Internet by any technical means and according to the user’s instructions, but not produced by JOYONWAY independently, then such information and content displayed and pushed do not represent the views of JOYONWAY and JOYONWAY APP, and JOYONWAY shall not be responsible for the accuracy and correctness of the above information.
7.3 Any text, picture, logo, audio and video material contained in the JOYONWAY APP services to be provided by JOYONWAY are for teaching purposes and do not involve any commercial activities concerning the physical goods.
7.4 If any information and content displayed and pushed on the pages of JOYONWAY APP to the user are suspected of infringement upon any third party’s intellectual property rights, the right holder and the relevant stakeholder shall send the notice of right to JOYONWAY; after verification, JOYONWAY shall take the measures according to relevant laws and regulations, including but not limited to disconnecting the links of such infringing content or deleting and stopping the transmission of such infringing content, provided that JOYONWAY shall not be legally liable for such infringing content.
7.5 The user agrees to indemnify and hold JOYONWAY harmless from any claim, demand or loss, including reasonable attorney’s fee, asserted by any third party arising out of or in association with the user’s breach of the provisions of the Agreement.
8.1 JOYONWAY shall have the right to modify any provision of the Agreement from time to time. In case of any change in the content of the Agreement, JOYONWAY will publish the modified content of the Agreement on JOYONWAY APP platform or release the modified content of the Agreement by other appropriate means to the user. The user who does not agree with the above modifications shall have the right to stop using JOYONWAY services at his/her option. However, if the user continues to use the service, the user shall be deemed to have accepted the modification to relevant provision of the Agreement made by JOYONWAY.
8.2 If any provision of the Agreement is invalid or unenforceable in part or in full for any reason, the remaining provisions of the Agreement shall remain valid and binding.
8.3 The conclusion, execution and interpretation of the Agreement and the settlement of disputes hereunder shall be governed by the laws of the People’s Republic of China and shall be submitted to the jurisdiction of the courts of the People’s Republic of China. Any dispute or controversy arising from the content or performance of the Agreement shall be settled by both parties through friendly negotiation. If the negotiation is not successful, either party may file a lawsuit with the competent people’s court in the place where JOYONWAY is located.
8.4 The copyright of the Agreement shall be owned by JOYONWAY, and the final right to interpret and the right to modify the provisions of the Agreement shall be reserved to JOYONWAY.