This User Service Agreement (hereinafter referred to as “this Agreement”) is a legal agreement between a user (hereinafter referred to as “You” or “User”) and Canaan Creative Co., Ltd. (hereinafter referred to as “Canaan Creative”). This Agreement shall apply to the Canaan Inc. Developer Community (hereinafter referred to as “Developer Community” or “Platform”. Any domain name or website name change shall be subject to the announcements on the Platform) owned and operated by Canaan Creative and relevant affiliate (hereinafter collectively referred to as “Canaan Inc.” or “Company”)
1. Acceptance of terms
1.1 Please be sure to read carefully and understand all rights and restrictions set forth under this Agreement. Canaan Inc. provides you with Platform-based Internet services in accordance with the terms of this Agreement and the rules issued from time to time. Unless you accept the terms of this Agreement, you shall have no right to register, log in or use the relevant services under this Agreement. Once you register, log in, use or otherwise use the relevant services under this Agreement, you shall be deemed to have accepted this Agreement and agreed to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not register, log in or use relevant services under this Agreement.
1.2 The terms of this Agreement can be amended by Canaan Inc. at any time in accordance with changes in relevant laws and regulations, as well as the Company’s operating conditions and business strategy adjustments, without separate notification to User. The amended agreement will effectively supersede the original agreement once it is announced on the Platform. User can browse the latest service agreement terms through the Platform at any time. In case of any dispute, the latest agreement shall prevail. If User does not agree with Canaan Inc.’s amendments to the relevant terms of this Agreement, he or she shall immediately stop using the network services provided by the Platform. If User continues using the network services provided by the Platform, he or she shall be deemed to have accepted Canaan Inc.’s amendments to the relevant terms of this Agreement.
1.3 When you use an individual service on the Platform, both you and Canaan Inc. shall abide by the service-related guidelines and rules published by Canaan Inc. at any time. Any and all the above guidelines and rules shall constitute a part of this Agreement.
1.4 You shall abide by the terms of this Agreement and use in a legal and reasonable manner the services provided by Canaan Inc. Otherwise, Canaan Inc. reserves the right to interrupt or terminate services for you in accordance with this Agreement. Also, Canaan Inc. reserves the right to withdraw the account you used at any time.
2. Service description
2.1 Canaan Inc. provides User with the services, including but not limited to publishing and sharing comments on hardware, software, and products. Unless otherwise explicitly provided herein, any new functions for adding or enhancing the current service by Canaan Inc., including the new products launched, shall be governed by this Agreement.
2.2 User hereby fully understands and agrees that Canaan Inc.’s services, products and materials are only provided based on their current status, and Canaan Inc. explicitly refuses to give any express or implied guarantees or warranties, including, but not limited to, guarantees or warranties for commercial use, suitability for a specific purpose, or non-infringement of the rights of others, for the “services”, “materials” or “products”. Canaan Inc. will not be liable for any direct or indirect, incidental or derivative losses caused by the “services”, “products” or “materials”. Canaan Inc. will not be liable for the timeliness, deletion, transmission errors, non-storage or any other issues of any user information or personalized settings.
2.3 2.3 You hereby agree that Canaan Inc. reserves the right to formulate general measures and restrictions on the use of the Platform, including but not limited to the maximum period for which the Platform will retain the published contents or other published contents, and the upper limit of the number of times (and/or the upper limit of each use time) you can use the Platform. You hereby agree that Canaan Inc. shall not bear any liability if any information, communication materials and other contents published or transmitted through the Platform are deleted or not stored. You also agree that Canaan Inc. reserves the right to change these general measures and restrictions at any time at sole and absolute discretion, whether notified or not.
2.4 User hereby understands and accepts that Canaan Inc. provides Platform-related network services only. The equipment (such as personal computers, mobile phones, and other devices access to Internet or mobile Internet) in connection with relevant network services and the required expenses (such as the telephone and Internet charges for accessing to the Internet, and the mobile phone charges for using the mobile network) shall be borne by User.
3. Registration obligations
3.1 When applying for the Developer Community services, User is required to provide the Platform with accurate personal information, including but not limited to registration E-mail, password, user name and other information, and ensure the authenticity, validity and legality of the login E-mail, password, and user name updated thereafter. In case of any change in personal information, User shall make an update in a timely manner. Any and all consequences caused by the inaccurate and untrue personal information provided by User shall be borne by User. If you provide any information that is illegal, unethical, or that Canaan Inc. deems unsuitable for display on the Platform, or Canaan Inc. has reason to suspect that your behavior is a program or malicious operation, Canaan Inc. reserves the right to suspend or terminate your account without prior notice and refuse you to use all or any part of the Platform now and in the future.
3.2 Canaan Inc. shall not be liable for any registration or registration information of you (any User), including but not limited to identifying and verifying the authenticity, correctness, completeness, applicability and/or whether the registration information is the latest information.
4. User account, password and security
4.1 After completing the registration procedure of the Platform and successfully registering, you can use your registered E-mail address and password to log in to your account (hereinafter referred to as “Account”) on the Platform. When the registration is completed, you reserve the right to use the Account. It is your responsibility to protect the security of your Account.
4.2 You shall be fully liable for all activities and events under your registered Account. You hereby agree:
(1) If your Account is used without authorization, or any other security issues occur, you will immediately notify Canaan Inc.;
((2) Canaan Inc. shall not be liable for any loss or damage caused by hacking or your failure in keeping your Account and/or password properly;
(3) You shall be fully liable for the damages caused to you, Canaan Inc. or a third party by all behaviors of using your Account, including but not limited to your Account number and/or password are out of your control due to your negligence (regardless of general negligence or gross negligence).
4.3 User shall not transfer, lend, sell his or her Account number and password, or hand them over to others for use in any manner that is out of User’s control. Otherwise, User shall be fully liable for any and all consequences arising from such behavior.
4.4 The ownership of the Platform Account shall be vested in Canaan Inc., and User obtains the right to use the Platform Account after completing the registration application procedure.
5. User personal information protection
5.1 Protecting the security of your personal information is not only a legal requirement, but also a basic principle that Canaan Inc. has adhered to for a long time. The registration information you provide and other information retained by Canaan Inc. will be protected by the relevant laws and regulations of the People’s Republic of China (for the purpose of this Agreement, excluding Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan, hereinafter referred to as “China”). Canaan Inc. will collect, store, use and disclose your personal information in accordance with Chinese laws, this Agreement, and Legal Notice and Privacy Policy.
5.2 The Platform hereby undertakes that it will not disclose or provide to third parties the registration information of a single User and the non-public contents stored on the Platform when User uses the network services, except in the following cases:
(1) Obtain explicit authorization from User in advance;
(2) In accordance with the requirements of relevant laws and regulations;
(3) In accordance with the requirements of relevant government departments and judiciary authorities;
(4) For the purpose of safeguarding the interests of the public;
(5) For the purpose of safeguarding the legitimate rights and interests of the Platform.
5.3 The Platform has formulated the following four privacy protection principles for guiding us on how to deal with issues in connection with user privacy and user information in products:
(1) Use the information we collect to provide User with valuable products and services;
(2) Develop products that conform to privacy standards and privacy practices;
(3) Make the collection of personal information transparent and supervised by an authoritative third party;
(4) Make every effort to protect the information we collect.
6. Responsibilities of providers
6.1 In accordance with relevant laws and regulations, Canaan Inc. hereby solemnly reminds you that any text, music, picture, graphic, video or other materials (hereinafter referred to as “Contents”) published or uploaded via the Platform, whether transmitted in a public or non-public manner, the Content providers shall bear the liability thereof. Canaan Inc. provides User with information storage space services only and is unable to control the Contents transmitted via the Platform, so it does not guarantee the correctness, completeness or validity of the Contents. You have known in advance that you may be exposed to unpleasant, inappropriate or offensive Contents when using the Platform. Under no circumstances will Canaan Inc. be liable for any content, but Canaan Inc. reserves the right to stop transmitting any of the foregoing Contents in accordance with the laws and regulations and take corresponding actions, including but not limited to suspending User’ use of all or part of the Platform’s services, keeping relevant records, and reporting to relevant authorities.
6.2 You clearly understand and agree that Canaan Inc. shall not be liable for losses, including but not limited to economic, reputation, data loss or other intangible losses caused by the following reasons, nor be liable for any direct, indirect, incidental, special, derivative or punitive damages thereof:
(1) The use or unavailability of the Platform;
(2) The costs for replacing any goods, data, information, services purchased or obtained from or through the Platform, the information received, or the transactions concluded with third parties;
(3) Your transmission or data has been accessed or changed without authorization;
(4) Statements or behaviors made by any third party on the Platform;
(5) A third party publishes or delivers fraudulent information in any manner, or induces User to suffer economic losses;
(6) Other Platform-related matters, unless otherwise explicitly provided for herein.
7. User rules
7.1 You shall abide by relevant Chinese laws and regulations, and agree to take full responsibility for any behaviors and results of using the Platform by using your login Account in any manner. If your behaviors violate national laws, you shall bear any and all legal liabilities in accordance with the law; if your behaviors are suspected of constituting a crime, you shall be held criminally liable by the judiciary authorities, and the Platform will cooperate in the same in strict accordance with the obligations stipulated by laws and the requirements of the judiciary authorities. Also, if Canaan Inc. has reasons to believe that any of your behaviors, including but not limited to any of your remarks or other behaviors, violate or may violate any provisions of national laws and regulations, Canaan Inc. may terminate the provision of services to you at any time without any prior notice.
7.2 When using Platform services, User shall follow the principles as below:
(1) User shall abide by relevant Chinese laws, regulations, rules, and normative documents;
(2) User shall abide by all network protocols, regulations and procedure concerning network services;
(3) User shall not upload, display, disseminate or otherwise transmit information containing one of the following contents by means of the network services provided by the Platform:
(a) Opposing the basic principles determined by the Constitution;
(b) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(c) Causing damages to national honor and interests;
(d) Inciting ethnic hatred, ethnic discrimination, or undermining ethnic unity;
(e) Undermining the State’s religious policies, advocating cults or superstitions;
(f) Spreading rumors, disrupting social order or undermining social stability;
(g) Spreading obscenity, pornography, gambling, violence, murder, terror or instigating others to commit crimes;
(h) Insulting or slandering others, infringing upon the legitimate interests or interests of others;
(i) Containing false, fraudulent, harmful, intimidating, infringement of the privacy of others, harassment, infringement, slander, vulgar, obscene, or other morally objectionable contents;
(j) Containing other contents restricted or prohibited by Chinese laws, regulations, (departmental) rules and any regulations with legal effect;
(k) Containing contents that Canaan Inc. deems unsuitable for display on the Platform.
(4) User shall not infringe on the patent rights, copyrights, trademark rights, business secrets, reputation rights or any other legitimate interests of the Platform and any other third party, and shall not publish or otherwise transmit the Contents that infringe on others’ copyrights, patents, trademarks, business secrets or other exclusive rights (hereinafter referred to as “Exclusive Rights”);
(5) User shall not conduct illegal businesses involving drugs,pornography, gambling, etc. by means of Platform services;
(6) User shall not have any behavior that is detrimental to the Platform or Canaan Inc. by means of the Platform;
(7) User shall not pretend to be any other person or organization, or make false statements or false claims in connection with any person or organization;
(8) User shall not publish or E-mail or otherwise transmit any content that is known to but not authorized to transmit under any law, contract or legal relations (for example, the internal information, proprietary and confidential information learned or disclosed, due to employment relation and under non-disclosure agreement);
(9) User shall not publish, send or otherwise transmit any “advertising letters”, “promotional materials”, “junk mails”, “spamming”, “chain letters”, “direct marketing” or any other forms of soliciting materials;
(10) User shall not publish, send or otherwise transmit computer viruses (including but not limited to trojan horses, worms, time bombs, cancelbots) (hereinafter referred to as “Viruses”) designed to interfere with, destroy or restrict the functions of any computer software, hardware or communication equipment, or other computer codes, files and programs;
(11) User shall not interfere with or destroy the Platform or the servers and networks connected to the Platform, or violate any regulations, procedure, policies or norms concerning the network connected to the Platform;
(12) User shall not track, human flesh search or otherwise harass others;
(13) User shall not intentionally or unintentionally violate any applicable local and national laws and any rules with legal effect;
(14) User shall not intercept, tamper with, collect, store or delete his or her or others’ personal information, site mails or other data without legal authorization, or use such information as known for any illegal or improper purpose.
(15) User shall not register or use accounts for purposes other than normal user communication, including but not limited to registering, acquiring or using Platform accounts for sending harassing information, junk information, advertisements, fraudulent information, or for purposes of violation of laws and regulations.
(16) User shall not use the Platform network services for any illegal purpose;
(17) User shall not endanger the legitimate interests of others in any manner;
(18) In case of any illegal use of user Accounts or account security vulnerabilities, User shall immediately notify the Platform of the same.
7.3 You have acknowledged that Canaan Inc. does not fully control your use. When you use any Content, including relying on the correctness, completeness or validity of the foregoing Contents, you agree to make your own judgments and bear any and all risks, instead of depending on Canaan Inc. If User violates any of the above regulations when using the Platform services, the Platform and/or Canaan Inc., at sole and absolute discretion, reserve(s) the right to request User to correct or directly take any and all necessary measures (including but not limited to changing or deleting User’s favorite contents, suspending or terminating User’s right to use network services, etc.) in order to reduce the impact of User’s misconduct.
7.4 In case of any third-party claims or requests, including but not limited to reasonable attorney fees and litigation fees, derived from or caused by the Contents you provide, publish or transmit through the Platform, your connection with the Platform, your violation of this Agreement, or your infringement on any rights of others, you hereby agree to indemnify Canaan Inc. and its subsidiaries, affiliates or other partners and staff members, hold them harmless, and assume any and all legal liabilities arising therefrom.
7.5 You hereby agree not to duplicate, copy, sell, resell or use any part of the Platform or the use or acquisition of the Platform for any other commercial purposes.
8. Service change, interruption or termination
8.1 In view of the particularity of network services (including but not limited to server stability issues, malicious network attacks, or situations beyond the control of Canaan Inc.), User hereby agrees that Canaan Inc. reserves the right to change, interrupt or terminate some or all of the network services at any time based on business development, without notifying User or assuming any responsibility to any User or any third party.
8.2 User hereby understands that Canaan Inc. needs to regularly or irregularly overhaul or maintain the Platform (such as Internet websites, mobile networks, etc.) providing network services or relevant equipment. If such circumstances cause an interruption of network services within a reasonable time limit, Canaan Inc. will bear no liabilities for this, but the Platform shall notify User as much as possible in advance.
8.3 In any of the following cases, Canaan Inc. reserves the right to suspend or terminate at any time the provision of Platform services under this Agreement to User without assuming any responsibility to User or any third party:
(1) The personal information provided by User is not true;
(2)User violates laws and regulations or this Agreement;
(3) Suspension or termination at the request of relevant government departments and judiciary authorities;
(4) Suspension or termination by the Platform developer subject to its business needs.
8.4 User hereby agrees that Canaan Inc., at sole and absolute discretion, may terminate your Account or use of the Platform (or any part of the Platform), and remove and delete any content you have on the Platform for any reason, including but not limited to the lack of use, or when Canaan Inc. believes that User has violated this Agreement. You hereby agree that the services provided in accordance with this Agreement can be interrupted or terminated without prior notice. You hereby acknowledge and agree that Canaan Inc. can immediately close or cancel your Account and delete all relevant information and files in your Account, and/or prohibit the continued use of the above files or this service. Additionally, you hereby agree that Canaan Inc. shall not be liable to you or any third party if the use of the Platform is interrupted or terminated or your Account and relevant information and files are closed or cancelled.
9. Intellectual property
9.1 The intellectual property rights of the Contents (including but not limited to web pages, interface design, layout frames, texts, audios, videos, pictures, graphics or other materials, etc.) provided by Canaan Inc. on the Platform shall be vested in Canaan Inc. or relevant obligees . Unless otherwise provided for herein, the copyrights, patent rights and other intellectual property rights of the software and systems on which Canaan Inc. provides services on the Platform shall be vested in Canaan Inc. The Platform, Canaan Inc. , other Canaan Inc. logos ,product and service names shall be all trademarks of Canaan Inc. Without the prior written consent of Canaan Inc. or relevant obligees, you shall not use the contents provided on the Platform for commercial purposes, nor delete, cover up or change copyright statement, trademarks or other rights statements of Canaan Inc., nor display, use or otherwise dispose of the trademarks of Canaan Inc., nor express that you reserve the right to display, use, or otherwise dispose of the trademarks of Canaan Inc.
9.2 The Contents you upload or publish on the Platform shall be legally authorized by their copyright holders, and will not infringe on the legitimate interests of any third party. Once you register, log in, use, or otherwise use the relevant services under this Agreement, you shall be deemed to have agreed to grant Canaan Inc. a non-exclusive license to use all of the above contents, and Canaan Inc. reserves the right to display, promote the foregoing contents, and use the same in other manners that are not prohibited by Chinese laws. Also, you hereby agree to license Canaan Inc. to protect the rights of any subject infringing your rights and interests as the case may be, including but not limited to sending rights protection letters, filing lawsuits, applying for arbitration, etc., and its effectiveness governs any contents you publish on the Platform and under the protection of copyright law. You can also authorize other third parties to protect your rights, and can terminate the authorization to Canaan Inc. at any time.
9.3 You reserve the right to authorize the contents you publish on the Platform to others to use. Canaan Inc. welcomes your preference given to us for cooperation on relevant contents.
9.4 You understand and agree that this service and relevant software used therein (including but not limited to any images, photos, animations, videos, audio recordings, music, texts, add-in programs, and/or accompanying help materials contained in the software) contain the proprietary confidential information protected by relevant intellectual property right laws and other laws. You also understand and agree that the contents of sponsored advertisements or information presented to you via the Platform or advertisers (if any) are also protected by laws concerning copyrights, trademarks, patents or other Exclusive Rights. Without the explicit authorization of Canaan Inc. or relevant obligees, you may not amend, rent, lend, sell, distribute any part or all of this service or software, or make derivative works based thereon, or use software amended without authorization. Canaan Inc. only grants you a personal, non-transferable and non-exclusive right to use the software for the purpose of using its software on a single computer, but you shall not (and shall not allow any third party) to copy, amend, adapt, translate, create derivative works, perform reverse engineer, decompile, disassemble, disseminate or otherwise discover source codes, or sell, transfer, sublicense or provide software configuration guarantee, or otherwise transfer any rights of the software. You hereby agree to use the service through the interface provided by Canaan Inc. and not through any other means.
9.5 If you violate the Universal Copyright Convention, the Copyright Law of the People’s Republic of China, the Trademark Law of the People’s Republic of China, the Patent Law of the People’s Republic of China, the Anti-Unfair Competition Law of the People’s Republic of China or other laws and regulations concerning intellectual property rights or the provisions of this Agreement, you shall be liable for the damages caused to others (including Canaan Inc.) and bear the corresponding legal liability thereof.
10. Account cancellation
10.1 If User Account falls under any the following circumstances, the Platform reserves the right to suspend the provision of services, ban the Account, or cancel the Account:
(1) The registration information submitted by User is not true or complete, and it is still not corrected after being notified by the Platform;
(2) User does not use the Account for more than [365] days after registering an Account;
(3) User does not meet the age or other conditions required to register an Account;
(4) User has to cancel the Account in violation of laws or in accordance with the requirements of the state organs.
10.2 If User submits an Account cancellation application to the Platform, the Account can be cancelled with the Platform’s consent if the following conditions are met:
(1) The Account registration time has exceeded [7] days and passed the review;
(2) The Account involves no disputes (such as transaction disputes, account ownership disputes, etc.).
10.3 If User submits an Account cancellation application to the Platform, the Platform reserves the right to reject User’s cancellation application if the following circumstances are verified:
(1) The Account has an ongoing business (such as password retrieval application, etc.);
(2) The Account has other circumstances that fail to meet the conditions for Account cancellation.
10.4 If User cancels his or her Account, he or she shall submit an application in accordance with the procedure required by the Platform, and the Account may be cancelled after verification and confirmation by the Platform. The Account cancellation will take effect from the date the Platform notifies User through the mailbox reserved by User.
10.5 User has been fully aware of and confirmed that he or she will no longer have the rights and interests in connection with the Account after the Account is cancelled, including but not limited to：
(1) User will not be able to discuss in the developer forum of the Platform and reply to other developers after the Account is cancelled;
(2) Account information, rights and interests, levels, information stored by User will be cleared and cannot be restored;
(3) Manuscripts and messages published via the Account will be cleared and cannot be restored;
(4) The Platform reserves the right to no longer provide User with any services in connection with this Agreement after the Account is cancelled.
10.6 The inconvenience or adverse consequences caused by the Account cancellation shall be solely borne by User and have nothing to do with the Platform.
10.7 The account cancellation will not affect the legal liabilities of the Platform’s User and registered Account User in accordance with this Agreement or relevant laws and regulations.
11. Disclaimer
11.1 Canaan Inc. does not guarantee that this service will meet the requirements of Useror this service will not be interrupted, nor does it guarantee the timeliness, security and accuracy of this service.
11.2 Canaan Inc. does not guarantee the accuracy and completeness of external links set up for the convenience of User. Also, Canaan Inc. does not assume any liability for the content on any web pages that these external links point to that are not actually controlled by the Platform.
11.3 Whether to use the Platform to download or obtain any information shall be considered by User at his or her own risk. Any damage to User’s computer system or data loss caused by the download of any information shall be borne by User.
11.4 Canaan Inc. will not be liable for losses caused by telecommunication system or Internet network failures, computer failures or Viruses, information damages or losses, computer system problems or any other force majeure reasons, but will try to minimize the resulting losses to and impacts on User.
11.5 Any advice or information obtained by User from Canaan Inc. or through the Platform, whether in writing or oral, will not constitute any guarantee other than this Agreement, unless otherwise explicitly provided for herein.
12. Responsibility
12.1 User hereby understands and agrees that the Platform Users shall bear any and all legal liabilities for any and all legal disputes caused by themselves and all activities under registered Account Users. If the Platform Users or registered Account Users violate the provisions of this Agreement or relevant laws and regulations, they shall be jointly and severally liable for compensation for any and all losses caused to Canaan Inc.
12.2 In order to avoid disputes, User shall not transfer Platform usage rights or Account numbers with or without compensation. Otherwise, User shall bear any liability arising therefrom, and Canaan Inc. reserves the right to hold the above violator legally liable.
13. Special notice for international user
13.1 You have understood the borderless nature of the Internet and hereby agree to abide by any and all local laws and regulations on online behaviors and contents. You specifically agree to abide by any and all applicable laws and regulations regarding the transmission of information exported from China or your country or region.
14. Terms of use for minors
14.1 If you are a minor User, please read carefully this Agreement with your legal guardian. You and your legal guardian shall bear the liability in accordance with the law and the provisions of this Agreement.
15. Governing law and dispute resolution
15.1 This Agreement shall be governed by Chinese laws.
15.2 Any dispute arising from or in connection with this Agreement shall be resolved through amicable negotiation between the parties. In case the negotiation fails, either party may submit the relevant dispute to the people’s court having jurisdiction in the place where Canaan Creative is domiciled.
16. Miscellaneous
16.1 If any term of this Agreement is completely or partially invalid or unenforceable for any reason, or violates any applicable law, the remaining terms of this Agreement shall still be valid and binding.
16.2 Canaan Inc.’s failure in exercising or enforcing any rights or provisions of this Agreement does not constitute a waiver of the foregoing rights or provisions.
16.3 The Platform reserves the right to interpret and amend this Agreement to the maximum extent permitted by laws.
16.4 The headings under this Agreement are inserted for convenience only and will not have any legal or contractual effects.
16.5 Language. This Agreement is written in Chinese, and any English translation is for convenience purposes only. In the event of any discrepancy between the Chinese portion of this Agreement and any English translation, the Chinese portion shall govern.