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3DiJoy Corp (Shanghai) ("3DiJoy") hereby kindly reminds users to carefully read the
terms and conditions of this Software License Agreement (hereinafter, this
"Agreement") including the exemptions and limitations of the liabilities of 3DiJoy
as well as the limitations of the rights of the users. Please make your decision to
accept this Agreement or not after reading (minors should read it and make their
decision under the instructions of their legal guardians). Unless you accept the
terms and conditions of this Agreement, you have no right to download, install or
use this software application and/or its relevant services. Your installation will
be construed as your acceptance to this Agreement and your agreement to be bound by
the terms and conditions of this Agreement.
This Agreement is entered into by and between users and 3DiJoy upon the
downloading, installation, use and reproduction of "3DiJoy Software" ("3DiJoy
Software" includes all the software applications launched by 3DiJoy). It provides
your rights and obligations and those of 3DiJoy in respect of your use of, or
related acts concerning, "3DiJoy Software" The reference of "users" or "you" means
the natural persons, corporations or other organizations who obtain the software
license and/or software applications by the means authorized by 3DiJoy.
1. IPRs Statement
1.1 This "3DiJoy Software" was developed by 3DiJoy itself. The copyright and all
other IPRs in "3DiJoy Software"and all the relevant information concerning "3DiJoy
Software", including but not limited to, word expression and the combination of
word expressions, icon, ornaments, tables, colors, interface design, layout frame,
relevant data, print materials or electronic documentation, etc. are protected by
the Copyright Law of China, other IPRs laws and regulations, and the relevant
international copyright treaties.
2.2 Reservation of Rights: Any and all rights in this "3DiJoy Software"that are
not authorized expressly remain with 3DiJoy. Users must obtain the written consent
from 3DiJoy separately for use of any other right.
2.3 Except as provided expressly, this Agreement does not address the service
terms and conditions related to the access of other services of 3DiJoy by using
this "3DiJoy Software". Please understand and confirm the separate terms and
conditions of such services, if any, before use. The users’ use of such services
will be construed as acceptance to the terms and conditions of such services.
3.2 Users will, under the condition precedent of following the laws and this
Agreement, use this "3DiJoy Software"subject to this Agreement. No user has the
right to:
3.2.1 To delete the copyright information contained in this "3DiJoy Software"and/or
its duplicate;
3.2.2 To reverse engineer, decompile and/or disassemble this "3DiJoy Software";
3.2.3 To use, copy, modify, link, reprint, assemble, publish, print, and/or
establish a mirror site for the relevant information of this "3DiJoy
Software"without the written consent of 3DiJoy, and/or to develop the derivative
products, works and/or services related to "3DiJoy Software"by using "3DiJoy
Software"without authorization;
3.2.4 To publish, convey, disseminate and/or store any content concerning any
violation of the law of China or any damage to the State security, unification or
social stability or any content concerning any insult, libel, eroticism or any
violation of any laws, regulations or policies of China;
3.2.5 To publish, convey, disseminate and/or store any content concerning any
infringement on another’s IPR, trade secret, etc.;
3.2.6 To conduct any acts damaging the Computer network security, including but not
limited to: use of any unauthorized data or access to unauthorized server/account,
unauthorized access to public Computer networks or other’s Computer systems or
deletion, modification and/or addition of the stored information, unauthorized
detection, scan and/or testing of the system of this "3DiJoy Software"or the
weaknesses of the network or any other damage to the network security, interference
with and/or damage to the system of "3DiJoy Software"or the normal operation of the
website, deliberate dissemination of any malicious program or virus or any other
damage to the normal network information service, and/or fabrication of the partial
or complete name of the TCP/IP data packet; or
3.2.7 To modify, print, issue, broadcast, reprint, copy, reproduce, disseminate,
perform and/or display any audio or video resources of this "3DiJoy Software"or any
audio, video or image produced by capturing the audio and/or video resources of
this "3DiJoy Software", or to conduct any other related commercial activity;
otherwise, it will be deemed that such user commits the infringement and will be
subject to the legal liability.
3.3 In using this "3DiJoy Software", users must comply with the relevant laws and
policies of China, maintain the State interest, safeguard the State security, and
follow this Agreement. Any user will be subject to, and hold 3DiJoy against, all
the liability caused by your use of this "3DiJoy Software" in violation of the law
or this Agreement. "3DiJoy" has the right to require such user to indemnify the
losses, if any, incurred by 3DiJoy and also has the right to cease providing
services for such user immediately and keep the relevant record. In addition,
3DiJoy also reserves the right to cooperate with the competent judicial authorities
to subject such user to the relevant legal liability.
3.5 Any derivative software application developed and/or launched by, or with
authorization of, 3DiJoy will be illegal. Downloading, installing, and/using such
software application will be likely to cause the unforeseeable risks. 3DiJoy
advices users not to download, install and/or use such software application
indiscreetly; otherwise all legal liability and/or disputes, if any, are irrelevant
to 3DiJoy.
3.6 Minors should learn to use the network correctly under the instructions of
their parents and teachers. They should avoid indulging themselves in the virtual
network world so much that their study and life are affected.
3.7 3DiJoy is always committed to respecting the privacy of users. 3DiJoy will take
reasonable measures to protect the information of users. Unless as required under
law or by the government or as agreed by you, 3DiJoy will not disclose your
information to any third party other than its cooperative organizations provided,
however, that you choose or agree to maintain your information accessible by the
public when you got registered or provided that you and "3DiJoy"reach a separate
agreement upon the access and/or use of your information. In addition, you will be
responsible for, and hold 3DiJoy harmless against, any possible risk arising from
such access or use.
3.7.1 In general, 3DiJoy will use your information due to the following reasons:
(i) providing software verification service; (ii) providing software upgrade
service; (iii) improving the security of your use and providing technical support;
(iv) providing your information to the relevant third party when it is necessary
for you to use the specific functions or when you require 3DiJoy to provide some
specific services; and (v) complying with the Privacy Protection Statement of
3DiJoy which you can read on the website of 3DiJoy.
3.7.2 You may agree upon 3DiJoy’s use of your information: (i) by accepting this
Agreement and the service terms and conditions published by 3DiJoy; (ii) via e-
mail, phone, fax, instant message, etc verbally or in writing; (iii) by not raising
any objection to the "implicit consent" clause contained in an agreement or service
statement; and (iv) in any other manner you and 3DiJoy both recognize.
3.8 Replacement, Modification & Upgrade of "3DiJoy Software": 3DiJoy reserves the
right to provide you with a replaced, modified or upgraded version of this "3DiJoy
Software" and collect the cost for the replacement, modification or upgrade. This
"3DiJoy Software" opens the "upgrade" function for users implicitly.
3.9 According to the market and technology development, 3DiJoy will provide users
with various Internet and mobile communications value-added services related to
this "3DiJoy Software" including free, not nor free, of charge. 3DiJoy reserves the
right to collect the cost for the value-added services and change the rates and
cost collection manners. If cost is collected for any service free of charge
earlier, 3DiJoy will give a notice to you in a proper manner. You may, at your own
discretion, choose to accept or refuse such service and ensure your payment for
such service according to the relevant cost collection rules of 3DiJoy if you
accept such service. If you refuse to pay or delay in paying, 3DiJoy has the right
to cease such service and hold you responsible for the losses under the law.
4.2 If you violate this Agreement or the provisions of any relevant service terms
and conditions, 3DiJoy has the right to take the measures including but not limited
to suspending the license, ceasing providing the service, limiting your use, and
holding you liable for legal obligations according to the nature of your violation.
Moreover, 3DiJoy will provide assistance for investigating your violation as
required by the competent authorities.
4.3 Users will bear the risks arising from the use of this "3DiJoy Software".
3DiJoy will not provide any guarantee of any type, implicit or explicit, or
statutory guarantee or condition including but not limited to the implicit or
explicit guarantee or condition for the marketability, applicability, no virus, no
negligence, no technical defect, ownership, impassive right of profiting from, no
infringement. Under no circumstance, will 3DiJoy bear any liability for the direct,
indirect, accidental, special or ongoing damage and risks arising from the use of,
or failure to use, this "3DiJoy Software".
4.4 The use of this "3DiJoy Software" involves Internet services. There are some
potential risks of service suspension or failure to satisfy your requirements due
to the impact of instable factors, force majeure, Computer virus, hijacker attack,
system instability, your position, your powering down the Computer, and/or any
other network, technology, communications line problem. You must be aware of and
bear such risks by yourself. 3DiJoy will not bear any liability for your failure to
send, receive, read, missend or mis-receive messages due to such risks.
4.5 When you use this "3DiJoy Software", there are some potential risks from the
information sent anonymously or under a false name containing any threat, libel or
any disgusting or illegal content. You must be aware of and bear such risks by
yourself. 3DiJoy will not bear any liability for the truth, applicability, or
legality of the above relevant information.
4.6 3DiJoy will not be liable for the economic losses you are incurred due to any
communications line fault, technical problem, network, Computer failure, and/or
system instability of any third party such as the telecommunications department, or
any force majeure event.
4.7 If the normal operation of the service is affected by any technical fault or
any other force majeure event, 3DiJoy undertakes to cooperate with the relevant
organization to immediately repair the service. However, 3DiJoy will not be liable
for the economic losses you are incurred.
5 Miscellaneous
5.1 The partial or complete invalidity of any provisions of this Agreement will not
affect the validity of remaining provisions hereof.