Kami Cloud Service Agreement
The present Contract is an effective agreement concluded by and between all entities (including but not limited to individuals, teams and the like; hereinafter “the User” or “You”) using the Cloud Storage Service (hereinafter “the Cloud Storage Service” or “the Service”) provided by YI Technologies, INC., its linked companies (hereinafter “YI” or “We”) and its operation cooperating organizations regarding the use of the Cloud Storage Service and related services. Using any service of the Cloud Storage Service means that You have accepted all the articles of the present Contract. The present Contract is applicable to all Cloud Storage Service, including all the services used by the Users and software upgrading and updating services during the term of the present Contract.
1. Service content and user notice
1.1 The Cloud Storage Service is an information storage space service platform providing the uploading space and technology for users. The personal data storage, synchronization, management and sharing and other online services can be provided for users via the Cloud Storage Service technology. The Cloud Storage Service does not upload or provide the content directly, or modify or edit the content transferred by the users.
1.2 Users understand that the Cloud Storage Service only provides the related network service, while the related equipment (such as personal computers, mobile phones, and other devices having access to Internet or related with the Internet) with the network service and needed cost (such as the telephone fees, Internet access fees paid to access to the Internet, the telephone fees paid to use the mobile network) shall be borne by the users.
1.3 Users shall not abuse the services of the Cloud Storage Service. YI hereby draws your attention that no matter it is conveyed publicly or privately, the liability for uploading and using behavior on any information, material, textbook, software, music, news, photo, image, video, message, user’s registration material or other materials (hereinafter referred to as “content”) conveyed through uploading, posting and sending the instant message, email or any other ways in the service shall be borne by the content provider and users. As the information storage space service platform, the Cloud Storage Service is unable to control the contents conveyed via the service, or fully control users’ using behaviors; therefore, we cannot guarantee the legitimacy, accuracy, integrity, authenticity or quality of the content. You have known that when using the service, you may browse unpleasant and inappropriate content, and you agree to judge by yourself and bear all the risks rather than relying on the Cloud Storage Service.
1.4 If users’ behaviors of using the Cloud Storage Service do not comply with the present Contract, YI shall have the right to make the independent judgment via being informed, reporting and other means, and immediately terminate to provide part or all services for users without notifying the users in advance. If users spread and propagate reactionary, pornography or other information violating the national laws and regulations via the Cloud Storage Service, the system record in the Cloud Storage Service may be used as the evidence for users’ violation of the laws and regulations. If any third party raises the claim for compensation or any derivative damage or loss is caused due to users’ uploading and spreading of the above content using the Cloud Storage Service, the users shall bear all responsibilities.
1.5 YI shall have the right to supervise the situation for users to use the network services of the Cloud Storage Service, and require the users to correct or directly adopt all measures that YI deems necessary (including but not limited to changing or deleting the content uploaded by the users, suspending or terminating users’ right to use the network services) to reduce the influence caused by users’ improper behavior when finding that, via notification, reporting and other means, the users violate any provision in the present Contract when using the network service provided by the Cloud Storage Service.
2.1 Users agree and acknowledge that YI or its licensor has all the legal rights, the ownership and interests of the service (including but not limited to graphics, user interface, scripts, and software for the implementation of the service) and any software provided to users ("software") as a part of the service or related to the service, including any and all intellectual property rights existing in it, no matter whether it has been registered or not, or where it is located. Users further agree that the service (including the software and any other part within it) contains the proprietary and confidential information and is under protection by applicable intellectual property laws and other laws (including but not limited to copyright laws). Users should make commitments that they do not use such proprietary information or materials in any way, except for the purpose of using the service in accordance with this agreement. Any part of the service shall not be reproduced in any form or in any way except as expressly permitted by the articles in this agreement.
2.2 YI grants users a personal, non-exclusive, nontransferable limited license to allow users to use the software as part of the service provided by YI to users according to this Contract, provided that users shall not (nor allow others to) copy, modify, rent, lend or distribute the software, create derivative works, or perform reverse engineering, de-compilation on the software or otherwise attempt to find the source code (unless the law expressly permits or requires), or sell, lease, sub-license, transfer or set security interest or transfer any of its rights in other ways, and users shall not excessively use the service in any unauthorized manner, including but not limited to occupying the network capacity or making network capacity be overloaded. Except the use of the service as permitted in this Contract, the use of any part of the software or the service is strictly prohibited. Such use has infringed intellectual property rights of others and may cause users be subject to civil and criminal penalties because of copyright infringement, including the possibility to pay damages.
2.3 YI holds the complete and indivisible ownership and intellectual property rights over the following content and information:
2.3.1. except the content uploaded and transmitted by the user, the Cloud Storage Service and all the elements thereof, including but not limited to all the content, data, technologies, software, codes, user interfaces and any related derivative product;
2.3.2. user information;
2.3.3. any information and feedback related to the services of the platform and provided to the Cloud Storage Service by the user.
2.4 Without the consent of YI, the above information should not in any media be directly or indirectly published, broadcast, or rewritten or re-issued for the purpose of playing or publishing or be used for any other commercial purposes. The above information or any part thereof may be stored within some computer only for personal use. YI will not be responsible for any delay, inaccuracy, error and omission produced by the above information or in the transfer or delivery process of all or part of the above information, or any damage arising from it or produced therefrom, and will not bear legal or economic responsibility to the user or any third party in any form;
2.5 All rights of any software (including but not limited to any image, photo, animation, video, audio, music, text and additional programs, and attached helping materials) used for the Cloud Storage Service to provide the network service shall belong to the copyright owner of the software. Without the permission from the copyright owner of the software, the user shall not reverse engineer, decompile or disassemble the software, or find out the original code in other ways, and implement any suspected behavior infringing the copyright.
3. Acceptance and promise
3.1 The User promises that the content uploaded using the Cloud Storage Service shall not directly or indirectly:
3.1.1 delete, hide or modify any ownership declaration including patents, copyrights and trademarks that are displayed or contained in the Cloud Storage Service;
3.1.2 interfere or attempt to interfere the Cloud Storage Service or the normal operation of any part or function of the website of YI in any form;
3.1.3 avoid, attempt to avoid or claim to have the capacity to avoid any content protection mechanism or data metric tools of the Cloud Storage Service;
3.1.4 use any registered or unregistered trademark, service mark, company logo, URL or other marks derived from YI in written or graphic form without prior written consent of YI;
3.1.5 use any mark to stain, weaken and damage the marks of YI, or set or declare to set any obligation for himself/herself or others or grant any rights or authorizations in a manner violating the present Contract; unless specified by YI in written form, the User shall not export any user information, and shall stop using and delete any acquired user information or other content from the Cloud Storage Service within 24 hours;
3.1.6 display or provide any user information in other forms to non-original users without prior written consent of the original users;
3.1.7 request for, collect, ask for or acquire from any user in other forms the access rights to YI accounts, passwords or other identification authentication credential;
3.1.8 automatically log onto the proxy identification authentication credential of YI accounts for any user;
3.1.9 provide tracking functions including but not limited to identifying the viewing or other operations of other users on their personal home pages;
3.1.10 automatically redirect the window of the browser to other web pages;
3.1.11 pretend to be others or acquire the access rights to the Cloud Storage Service without authorization, or let others identify the user without express consent of the user.
If the User violates any of the above promises, YI is entitled to warn, shield or even cancel the qualification of the User depending on the circumstances. Where the User violates any of the above promises so that losses are caused to the Cloud Storage Service, the users of the Cloud Storage Service or any partners of YI, the User shall shoulder all the legal responsibilities and pay for the losses.
3.2 Your Undertakings:
3.2.1 You have obtained the written authorizations from the right holders concerned (if any) for uploading, posting, transmitting or otherwise disseminating Contents via our Cloud Storage Service network services, and have reached internal agreements with the said right holders in relation to distribution of interests. You warrant that, prior to submission and uploading to our Cloud Storage Service of such Contents, You have full, entire, flawless and exclusive titles and IP rights to such Contents.
3.2.2 Your uploading, posting, transmitting or otherwise disseminating Contents via online services utilizing our Cloud Storage Service shall not contain any information that violates any applicable national laws, regulations and policies, including but not limited to the following information:
1) violating the fundamental principles determined by the applicable constitution promulgated by the relevant country;
2) endangering security of the relevant country, leaking state secret, subverting state power or undermining state unity;
3) diminishing honor and interest of the relevant country;
4) inciting ethnic hatred or discrimination, or undermining ethnic unity;
5) undermining national religious policies and promulgating any weird religion and superstition;
6) disseminating rumor, disturbing social order, or destroying social stability;
7) spreading pornographic, sexual, garble, violent, murder or terrorist information or instigating others to commit crimes;
8) humiliating, labeling or slandering others, or infringing others’ legitimate rights and interests; or
9) containing any other information prohibited by the applicable national laws and administrative regulations.
3.2.3 You shall not: use this Service for any illegal purpose; use in any form our cloud storage network services infringing our commercial interests, including but not limited to posting any commercial advertisement not permitted by us; or utilize Cloud Storage Service network service system to conduct any act that may adversely affect normal running of Internet or mobile network;
3.2.4 You shall not utilize Cloud Storage Service to engage in any of the following activities:
1) Without permission, enter into a computer information network or use any computer information network resource;
2) Without permission, delete, alter or increase any compute information network function;
3) Without permission, delete, alter or increase any data and application saved, processed or transmitted in the computer information network;
4) Intentionally elaborate or spread computer virus and other destructive programs; or
5) Other act endangering computer information network security.
3.2.5 If any Content uploaded, posted, transmitted or otherwise disseminated by you via our Cloud Storage Service network services contains any defective right or involves any infringement of any legitimate right and interest of a third party (including but not limited to patent, trademark, copyright and related neighboring right, portrait right, privacy right and right of fame), which causes us or any entity cooperating with us to face any complaint, whistleblowing, inquiry, claim or action or causes us or any entity cooperating with us to suffer any loss in fame, reputation or property, you shall proactively take any and all possible measures, so as to hold us and such entity cooperating with us free from impact of any of such claim and action. Meanwhile, you shall indemnify us and such entity cooperating with us against any and all damages arising from any and all direct and indirect economic losses therefrom.
4. IR Rights Protection
If any Content uploaded by you allows any other user to download, read, listen, or otherwise access or distribute, you must ensure your posting of such Content and related acts conform to the applicable copyright policies set forth in the national laws and regulations governing IP rights, including but not limited to :
1) At your receipt of tort notice, you shall forthwith delete or prohibit access to the Content claimed involving in tort and meanwhile contact express courtiers to get detailed information.
2) You acknowledge and consent that we will dispose the qualified tort notice sent to a third party in accordance with the applicable laws and regulations, and upon requests, delete or prohibit access to the Content claimed involving in tort, take and implement proper policies and stop repeated tort under the corresponding conditions.
5. Privacy Protection
5.1 We fully respect protection of your personal information. Our privacy protection statement specifies the relevant policies and procedures that shall be followed by our Cloud Storage Service in collection and use of your personal information.
5.2 Sharing of Information. You may proactively set up sharing of information with others. You understand and acknowledge that when you publicly share information, sorts of search engine including us may grab such information.
5.3 We will not publicize or offer to a third party the unpublicized Content saved on the Cloud Storage Service, unless:
1) required by the applicable laws, regulations or legal service procedures of our Cloud Storage Service;
2) under emergency, for the purpose of safekeeping your interests or interests of the public;
3) for the purpose of maintaining our trademark, patent and any other legitimate rights and interests; and
4) under other situation requiring publicity, editing or disclosure of personal information according to law.
6.1 Due to particularity of network services, you consent that we are entitled to alter, interrupt or terminate at any time, in part or in full, network services. If such alteration, interruption or termination of such network services is provided on free basis, our Cloud Storage Service will neither send notice to you nor assume any liability to you or any third party.
6.2 You understand that our Cloud Storage Service need to repair or maintain regularly or irregularly the platform or related equipment for the purpose of provision of network services, if any of such circumstances causes interruption of charged network services within reasonable time limit, our Cloud Storage Service will assume no liability therefrom, however, our Cloud Storage Service shall as much as possible notify you in advance.
6.3 Our Cloud Storage Service may at any time change this service or delete any of its partial functions. Our Cloud Storage Service may at any time cancel or terminate to provide services to you. The determination made by our Cloud Storage Service on such cancelation or termination neither relies on any grounds nor needs notification to you. Once this service is cancelled, your rights of use of this service will forthwith terminate. Once this service is cancelled or terminated, any information saved in this service may be irrecoverable.
6.4 Our Cloud Storage Service never ensure that (included but not limited to):
6.4.1 Our Cloud Storage Service fit for your use requirements;
6.4.2 Our Cloud Storage Service are free of interruption, provided on timely, safe or reliable basis or free of error; and any product, service or other documentation obtained by you via our Cloud Storage Service conform to your expectation.
6.4.3 As for your use of any documentation downloaded or acquired via our Cloud Storage Service, the risks therefrom shall be solely undertaken by yourself; and if any of such use causes any damage to your computer system or loss of documentations, you shall assume the full liabilities therefrom;
6.4.4 Any profit, commercial reputation, documentation loss or any other tangible or intangible loss arising from the following reasons, our Cloud Storage Service will not be held liable for indemnity, whether direct or indirect:
6.4.5 Any use or failure to use of our Cloud Storage Service; or
6.4.6 Any product, documentation or service purchased or acquired via our Cloud Storage Service;
6.5. Any dispute or loss arising from your authorization to a third party’s (including a third party application) access/ use of Contents contained in your Cloud Storage Service space shall be solely undertaken by you, which is irrelevant to us.
7.1 The ultimate rights to interpret and construe this Contract shall be reserved by YI.
7.2 This Contract will come into force upon its posting. YI is entitled to amend any provision hereof at any time, and the amended version of this Contract will be posted on the Cloud Storage Service website. If you disagree to any amendment made by Cloud Storage Service to relevant provisions, you are entitled to cease use of network services. Your continuous use of our network services may be deemed as your acceptance of our amendment to the relevant provisions of this Contract.
7.3 Any and all notices and communications sent by our Cloud Storage Service hereunder to You may be given by webpage announcement, email, mobile short message, regular mail, or other means; and such notice and communication will be deemed as served to the addressees concerned on the date of sending.
7.4 The execution, performance, interpretation and dispute resolution of this Contract shall be governed by the laws of the United States and subject to the jurisdiction of the competent court of United States. Any dispute arising between the Parties from or in connection with the provisions or performance of this Contract, the Parties shall make their best efforts to find a solution via amiable negotiations; should such negotiation fail, either Party may initiate an action with the court where YI locates.
7.5 This Contract consists of the entire agreement between the Parties regarding the matters agreed hereunder and other related matters. Except for those set forth hereunder, no other right is granted to either of the Parties hereto.
7.6 If any provision hereof is held for any reason invalid or non-executable, in full or in part, the remnant provisions of this Contract shall be valid and binding.