BánCamera.vn: Danale User Agreement

Danale User Agreement

Update Date:November 5th, 2020.

Effective Date :November 8th, 2020.

• User Rules

• Purchase

• User Content

• User’s Rights and Obligations

• Third Parties

• Indemnity

• Disclaimer

• Intellectual Property Rights

• Amendment and Termination

• Miscellaneous

• Contact Information

This Agreement is between you (the “User”, referring to the person or organization who registers, logs into, uses, or browses the Service), Danale and its affiliates (hereinafter “Danale”), and Danale's operating partners (hereinafter “Partners”) pertinent to products, programs, and services available on Danale’s website (https://www.Danale.com/, hereinafter the “Website”) and platform. Danale hereby kindly reminds users to carefully read and fully understand the terms of this Agreement, under which Danale provides you with this Service. Please read this Agreement carefully before you choose to accept it (minors should read this Agreement under the supervision of a legal guardian). This Agreement outlines how Danale provides you with this Service, activities permitted or prohibited by this Service, countermeasures, and other important information. By using this Service, you are deemed to have entered into a legally binding agreement with Danale.By registering, logging into, and using Danale's services, you are deemed to have accepted and are bound by the terms and conditions of this Agreement. By entering into this Agreement, you voluntarily accept to be bound by all of its terms. Do not use this Service if you do not accept this Agreement.

User Rules

1)You are not required to have a user account to browse this website. However, certain website features, products, programs, and services on the Danale Cloud Platform require you to sign up for an Danale account. Suppose you wish to use the full range of features offered by products, programs, and services on this Website and the Danale cloud platform. In that case, you will need to register an account and provide your relevant personal information on the registration page. You acknowledge that, at the time you complete the registration procedure or use this Service in ways otherwise permitted by Danale, you are a natural person, juridical person, or other entity with full capacity for civil rights and civil conduct as stipulated by the laws of the People’s Republic of China (hereinafter referred to as “you”). If you are a person without or with limited civil conduct capacity, you are deemed not have the aforementioned qualifications. You and your custodian shall be liable for any consequence arising from or in connection with your improper registration in accordance with relevant laws. You shall ensure that you are not an entity that is the subject of trade restrictions or sanctions by any country, international organization, or territory, or restricted by other laws and regulations; otherwise, you will be unable to register for and use Danale’s service properly. You may cease using your account at any time according to instructions on the Website. The Website shall retain or terminate your account according to the stipulations of this Agreement. You shall represent and warrant that you understand and agree that this Website is an [application service product], and you shall bear full responsibility for the authenticity, legality, and validity of your registration information; that you may not impersonate others, nor may you release any information in the name of others, and that you may not maliciously use any registered account to misidentify yourself to other users. Suppose Danale finds that you have engaged in such behavior. In that case, we have the right to immediately cease providing services, and you shall be solely liable for any and all resulting legal consequences. Your use of products, programs, and services on this Website and the Danale Cloud Platform shall be lawful and you shall be liable for all actions taken under your registered account, including any content posted by you and any results thereof. Users shall make their own judgments about the content therein and bear all risks arising from its use, including risks arising from reliance on the accuracy, completeness, or usefulness of such content. Danale is not and will not be liable for any loss or damage caused by actions of the User. You shall be liable for maintaining the confidentiality of your login information, preventing its access and use by other parties, and for all actions you undertake with your account on this Website. You shall forthwith advise us of any potentially illegal, unauthorized use, or suspected unauthorized use of your account. We shall not be liable for any damages resulting from your failure to comply with these requirements. The information published by you through this Website shall be considered public information accessible by other third parties. By publishing any information on this Website, you accept that such information is in the public domain and you shall be solely liable for any legal consequences arising from or in connection with the publication of such information. You should not publish any information you would not want third party to access on the platform.

2)You understand and acknowledge that: Should our business situation change, we have the right to change, suspend, limit, terminate, or withdraw this Service in part or whole at any time upon notice to the user. In such a case, the updated Service will be provided to the user. Services we provide may include advertising and other events. The User agrees to the display of advertisements and other events by us, our affiliates, third-party suppliers, and partners during the use of our services. We have the right to, at our sole discretion and for any reason, cease transmitting any content that violates any applicable laws, regulations, or terms of this Agreement; infringes, harms, or threatens the rights or safety of any person; or impersonates another person. In such a case, we have the right to take appropriate legal action against any person who violates this Agreement, including but not limited to removing from the services any content that is unlawful, infringes upon, threatens the rights or safety of any person, or impersonates another person. We have the right to terminate the offender's membership, prevent the offender from using our services in whole or in part, and store and report the information to the relevant authorities in accordance with laws and regulations. If you use or purchase a product from the Danale Application Market and/or Theme Market, you are still required to confirm the terms of the specific service; please carefully read and fully understand the terms and conditions of each service before you use them. Some of our products and services cannot be used without an Internet connection, including but not limited to the App Market and Theme Market. You shall be solely liable for the communication, information, and other related fees charged by your Internet service provider or other third parties, including but not limited to telecommunications or mobile communications providers. In the case of value-added telecommunications services, we recommend that you confirm your service provider's relevant fees. Your data will be managed in accordance with the Danale Privacy Policy at all times. It is included in this license for reference.

Purchase

You agree that the provider of the paid service(s) has the right to adjust the purchase price and provide notice of such an adjustment by an announcement within a reasonable time before the purchase takes place. Products and services purchased after the new prices take effect are subject to your acceptance at the purchase time. Products and services purchased before the price adjustment will not be affected before the original expiration date. If you do not accept the adjusted price, you have the right to refuse the purchase, after which the provider will cease providing the service for you.

User Content

“User Content” includes but is not limited to video and audio, images, icons, applications, designs, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services that you upload, distribute, or otherwise use to access products, programs, and services on the Website and Danale Cloud Platform (hereinafter collectively referred to as “Your Content”). You reserve all rights relating to and shall be solely liable for Your Content. Danale has the right to remove expired content from the cloud platform in accordance with the cloud service contract.

User’s Rights and Obligations

1)The right to use this Website in accordance with laws.

2)The right to download, install, and use the products, programs, and services on the Danale Cloud Platform on all of your mobile communication devices.

3)Danale and its affiliates own the Danale account. For security reasons, you are prohibited from using the mobile phone numbers and email addresses of other individuals to register an Danale account. You will be granted the right to use your account after completing the registration process. The account belongs only to the original applicant and may not be given, lent, leased, transferred, or sold to any others. Danale has the right to reclaim the User’s account for business purposes.

4)You have the right to change or delete your personal information, registration information, and published content on this Website. Note that the deletion of relevant information may also delete any text and pictures that you have stored in the system. The User understands and accepts such a risk.

5)You shall be responsible for maintaining the security of your registered account information and password. You shall be liable for any consequences arising from or in connection with any and all activities that occur under your registered account. You agree not to use the accounts of other users under any circumstances. You agree to notify Danale immediately of any suspected use of your account by others.

6)You warrant that you shall use the Danale website, software, and services in accordance with this Agreement and will not engage in any conduct that disrupts Danale services or infringes upon its legal rights, including but not limited to: Any form of license, sale, lease, transfer, distribution, or other commercial use of the content of this Website or products, programs, and services on the Danale Cloud Platform (including but not limited to product content, advertising, or sponsored content). Accessing this Website or using products, programs, and services on the Danale Cloud Platform for the purpose of creating identical or competing services. Reproducing, distributing, republishing, downloading, displaying, posting, modifying, translating, merging, exploiting, disassembling, or decompiling, in any form or by any means, any portion of this Website or products, programs, and services on the Danale Cloud Platform (including but not limited to product content, advertising, or sponsored content). Uploading or distributing computer viruses, worms, malicious code, or software for the purpose of intentionally destroying or altering computer systems or data. Collecting data (such as email addresses) about other users without authorization. Disabling the network connection of this Website, placing an undue burden on this Website, or otherwise interfering with or damaging the servers and network connections of this Website. Attempting to access the servers or web links of this Website without authorization. Interfering with and disrupting the regular use of this Website or the products, programs, and services on the Danale Cloud Platform by other users.

You warrant to access and use this Service in a lawful manner in accordance with this Agreement. You understand and agree that you may not use this Service to transmit any information or otherwise engage in any activity, that:

is false, defamatory, infringing, harmful, pornographic, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, profane, obscene, infringing on privacy, or otherwise objectionable, including but not limited to, illegal activity, sexually explicit depictions, promotion of violence, and any discriminatory or unlawful information and conduct that cause or are likely to cause loss or injury to persons or property in a manner which could give rise to civil or criminal liability under applicable laws (including but not limited to any information that you are not authorized to post or transmit, or where such posting or transmission violates any confidentiality obligations and/or third party intellectual property rights). Endangers national security, reveals state secrets, subverts state power, or undermines national unity; damages national honor and interests; incites ethnic hatred, ethnic discrimination, or undermines ethnic unity; undermines national religious policy or promotes cults or feudal superstitions; spreads rumors or disturbs national peace and social order, and undermines social stability; spreads obscenity, pornography, gambling, violence, murder, terrorism or abets crime; insults or slanders others, infringes on the legitimate rights and interests of others; contains other content prohibited by laws, regulations, and administrative rules. Publishing, transmitting, disseminating, or storing content that infringes on others' legitimate rights, such as the right to reputation, portrait rights, intellectual property rights, and trade secrets. Involving the privacy, personal information, or data of others; Publishing, transmitting, or disseminating harassment, advertisements, excessive marketing, spam, or any sexual suggestive messages. Other information that violates laws and regulations, policies, public order, good morals, social justice, or otherwise interferes with the regular Danale business operations or infringes upon legitimate rights and interests of other users or third parties.

You fully understand and accept that you are liable for all actions taken under your registered Danale account, including any content posted by you and any consequences thereof. In addition, you understand and accept that Danale has no control over your use of the Service. Danale has the right to refuse to continue providing you with the Service for illegal or infringing use. Suppose Danale discovers or receives complaints or reports that your use of the Service does not comply with laws and regulations or this Agreement. In that case, it has the right to independently determine if your conduct is in line with applicable rules and deal such conduct with appropriate measures. These measures include issuing a warning, refusing to post your content, deleting information, restricting functionality, suspending updates, terminating access to the service, disabling your account, reporting your conduct to competent regulatory or state authorities, holding you accountable for liabilities, and keeping relevant records. You shall be solely liable for any third-party claims arising from the aforementioned conduct. In addition, you understand and accept that our system records may be used as evidence of your violation of the law or this Agreement in addition to information provided by the complaining or reporting party. If you find that other users have uploaded or posted illegal and/or infringing content that violates the law or this Agreement, please contact us directly, and we shall verify this as soon as possible.

Third Parties

1)You acknowledge or accept that our services are provided with technical support from third parties. You are aware that this Agreement is between you and Danale and not between you and any such third party. Danale is solely responsible for the content, maintenance, support services, warrants, and litigation arising from the products, programs, and services accessed on this Website and through the Danale Cloud Platform. You agree to be subject to the limitation on your conditional use of services as imposed by the products, programs, and services on this Website and the Danale Cloud Platform.

2)“User Content” refers to all content (e.g., your information, images, music, or other content) generated by the download, posting, or other use of products, programs, and services on this Website and the Danale Cloud Platform. You shall be solely liable for your User Content and assume the risk that you or any third party may be identified as a result of the disclosure of your User Content.

3)You are legally responsible for the risks arising from your interactions with third-party advertisements and websites. When you browse third-party websites and advertisements, the terms and policies of the third party shall apply.

4)Products, programs, and services on this Website and the Danale Cloud Platform contain User Content provided by other Users. Your interactions with other users shall be considered solely between you and those users. and Danale does not control and is not legally responsible for said user content, nor does it have any obligation to review, monitor, approve, or ratify said user content. You are legally responsible for the risks arising from your use of this User Content and your interactions with other users. Products, programs, and services on this Website and the Danale Cloud Platform are not responsible for such conduct.

Indemnity

1)You agree to use products, programs and services on this Website and the Danale Cloud Platform in a non-harmful manner to avoid any complaints, lawsuits, losses, damages, liabilities, costs, and expenses (including but not limited to attorney's fees) from third parties arising from or in connection with such harmful use, your User Content, or your violation of the terms of this Agreement.

2)You understand and accept that you are liable for any third-party claims arising from your use of this Service, your violation of these Terms of Service, or any actions taken under your account. You shall indemnify, defend, and hold harmless Danale and its affiliates, employees, customers, and partners against all losses and liabilities incurred in the event of any third-party claims.

3)“User Content” refers to all content (e.g., your information, images, music, or other content) generated by the download, posting, or other use of products, programs, and services on this Website and the Danale Cloud Platform. You shall be solely liable for your User Content and assume the risk that you or any third party may be identified as a result of the disclosure of your User Content.

4)You agree that you may not unilaterally settle a lawsuit that you and Danale have jointly brought against a third party without Danale's prior consent in writing.

5) Danale will reasonably attempt to notify you of such actions, proceedings, or processes.

6)In no event will Danale be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or in connection with this Agreement. Whether the Service is reliable, of high quality, accurate, available, or capable of meeting your needs in producing a particular result or reaching a specific outcome. Danale will not be liable for any loss or damage of any kind incurred due to information obtained by you (or anyone else) during the access or use of this Service.

Disclaimer

1)Danale will not be liable for any legal consequences resulting from any of the following circumstances:

This software and specific services provided by Danale are likely to utilize third-party systems or software to facilitate use or access. Danale does not guarantee the security, accuracy, validity, and other uncertain risks of the results of such third party systems or software, nor will it be liable for any dispute and damage arising therefrom. Danale provides your personal information as required by laws or relevant government authorities;

Any personal information is divulged due to misuse or any other reasons attributable to the User.

Any service is interrupted, disrupted, or otherwise fails to meet user requirements due to cyberattacks, computer viruses, blocking of illegal or harassing content, government controls; any other network, technology, communication, and information security management measures; along with any other reasons.

The User suffers losses due to the failure of third-party communication lines resulting from technical problems, network or computer failures, system instability, and/or force majeure. Obstacles to the performance of the contract, performance defects, delay in performance, or changes to the nature of performance are caused due to natural disasters, strikes, riots, wars, government actions, judicial and administrative orders, and other force majeure events.

Impediments to performance, defects in performance, delays in performance, or changes to the nature of performance occur due to factors such as routine or emergency maintenance of equipment and systems, equipment and system failures, or network information and data security incidents so long as the Danale platform operator has performed the contract in good faith.

Risks caused to the use of the products, programs, and services on the Danale Cloud Platform by anonymous or pseudonymous messages containing threatening, defamatory, offensive, or illegal content.

Any psychological, physical, or financial damages caused or likely to be caused by misleading or deceptive conduct between users through the products, programs, and services accessed via this Website or the Danale Cloud Platform.

Users that utilize the Danale Service to engage in activities that violate the reputation, privacy, intellectual property, or the other legal rights of others;

The Website and products, programs, and services on the Danale Cloud Platform expressly disclaim any warranty, express, implied, or otherwise, as to the timeliness, safety, or accuracy of Danale and its partner's services.

2) Any content posted by users on the Website does not represent or reflect Danale’s views or policies, including but not limited to usernames, company names, contact information, related images, and other user information. Danale shall not be liable for such content.

3) If you use the Danale Website or obtain any products or services from a third party such as a service provider on the Danale Services Market that relies on the Danale Services Platform, the service provider shall be solely liable to you for the services it provides. Danale shall not be liable for any third party services.

4) The User shall be liable for personal injury or incidental and consequential economic damages, including but not limited to loss of profits, loss of data, business interruption damages, or other commercial damages arising from or in connection with any of the following:

Use or failure to use the licensed software.

Unauthorized use of the software or modification of the user's data by third parties; Costs and losses arising from User operations during use of the software.

User misunderstanding of the software.

Damage to computer systems, loss or corruption of data, or other damages caused by the user’s access to or use of the service or software.

Other software-related losses not attributable to Danale.

5)To the fullest extent permitted by applicable law, the Danale platform operator shall not be liable to the User for any incidental, indirect, special, or punitive damages or claims (including but not limited to personal injury, breach of privacy, failure to comply with any duty including good faith or reasonable care) arising from or in connection with the use of the service.

6)Unless otherwise outlined in this Agreement, the entirety of our liability to you, for any reason or in any manner whatsoever, shall at all times not exceed the fees (if any) paid by you to us for the use of Danale services during the registration period.

7)In no event shall Danale be liable for any indirect, consequential, punitive, incidental, special, or criminal damages (including loss of profits) suffered by the User as a result of the use of Danale services. Notwithstanding anything to the contrary that may be contained in this Agreement, this Service may be suspended, delayed, or interrupted for unknown periods of time for reasons beyond our control. You agree that Danale will not be liable for any claims arising from or connected with the aforementioned suspensions, delays, interruptions, or similar failures.

Intellectual Property Rights

1)The information posted by the User on the Danale website or interactive platform shall not infringe on the intellectual property rights of any third party. The User shall not in any manner upload, post, modify, transmit, or reproduce any copyrighted material, trademarks, or proprietary information of other entities without the prior written consent of the copyright owner. We will review and remove any content that infringes upon others' copyrights upon receipt of proper notice from any copyright owner or their legal representative.

2)The Danale logo design, graphics, text, compositions thereof, other Danale logos, and product and service names are all Danale's trademarks. The User may not display, use, or handle the Danale logo in any manner without Danale's prior written consent. No entity or individual may use, reproduce, modify, distribute, copy, sell, or bundle in part or in full, the Danale trademark in any manner or for any reason whatsoever.

3)If you believe that someone has copied and posted your work on Danale's Website and Services to the extent that infringement of your copyright has taken place, please contact us promptly at support@danale.com with a written notice containing the following information:

(i)Proof of your ownership of the allegedly infringing content.

(ii)Clear identification, address, and contact information.

(iii)Location of the allegedly infringing content on Danale's website or services.

(iv)A description of the copyrighted work that has been infringed.

(v)Proof of infringement.

(vi)A written statement that the information in your notice is accurate and true under penalty of perjury.

Amendment and Termination

1) Amendment

Danale is continuously updating, amending and improving this Service. Danale may add or delete features or functions from or to this Service, impose new restrictions, or temporarily or permanently discontinue any particular service provision. In addition, Danale may amend this Agreement from time to time based on updates to this Service. Suppose modifications to this Service or this Agreement would materially affect users or limit the access or use of this Service. In that case, we shall notify you within a reasonable time prior to the modification. We may not be able to meet the aforementioned time requirements for the notice of modifications to the Service to meet safety, legal, or regulatory requirements. In such cases, we will notify you as soon as possible.

2) This Agreement is effective as of the date of your acceptance and will continue to be valid for the duration of your use of the products, programs, and services on this Website and the Danale Cloud Platform until its termination in accordance with this Agreement. Notwithstanding the aforementioned, if your use of products, programs, and services on this Website and the Danale Cloud Platform predates your acceptance of this Agreement, you hereby acknowledge and agree that this Agreement was effective as of the date of your first use of such products, programs, and services unless earlier terminated pursuant to this Agreement.

3) As required by law, we may reserve your right to access your account on this Website or use products, programs, and services on this Website and the Danale Cloud Platform. We may terminate this Agreement at any time, with or without notice, for any reason, including the good faith belief that you have violated our user policy or other provisions of this Agreement.

4) Notwithstanding the preceding paragraph, Danale reserves the right to terminate this Agreement if the User infringes upon the copyright of a third party and Danale is notified by the copyright owner or the copyright owner’s legal agent that such an infringement has occurred.

5) Upon termination of this Agreement, your Website account and your right to use products, programs, and services on this Website and the Danale Cloud Platform shall be terminated. The termination of your website account means that your user content will be deleted from our active database. Danale shall be in no way liable to you for the termination of this Agreement, including termination of your User Account and the deletion of your User Content.

6) Any updated version of this Website or future versions, updates, or other changes to the products, programs, and services on the Danale Cloud Platform will be subject to this Agreement.

Miscellaneous

1) Feedback

By providing a suggestion (or feedback) to Danale, you assign all rights to Danale's feedback and accept that we have the right to use the feedback and related information in any reasonable manner. We will treat such feedback as non-confidential and non-proprietary.

You agree that you will not provide Danale with any information that you deem confidential and proprietary.

We reserve the right (and not the obligation) to check User Content at our own discretion. We reserve the right to delete or move your User Content at any time and for any reason, with or without notice. We reserve the right to retain or terminate your account in accordance with Section 8.

2) Privacy Policy

Please review our Privacy Policy, which shall serve as an equivalent and integral part of this Agreement.

3) Notice

You shall provide us with a valid email address that you use regularly. Danale is not responsible for the risk that the email address you provide to us becomes unavailable or we are unable to deliver notices to you for any reason. Notices and announcements posted on this Website and e-mails sent to you that contain such notices shall in all instances constitute valid notices.

4) Applicable Law

This Agreement is governed under the laws of the People's Republic of China.

Any dispute between both parties shall be addressed through amicable negotiations. If such negotiations fail, either party may file a lawsuit to the court with jurisdiction over Danale Inc.'s place of residence.

5) Independence

In the event that any provision of this Agreement becomes inapplicable for any reason, the remaining provisions shall continue to apply. Inapplicable provisions shall be amended so that they are applicable according to the law.

6) Integrity

This Agreement (including the Privacy Policy) is the final, complete, and exclusive agreement between you and Danale regarding issues relating to products, programs, and services on this Website and the Danale Cloud Platform. This Agreement supersedes and consolidates prior discussions and agreements of the parties with respect to the aforementioned (including prior End User Licenses and Terms of Service). The headings of each section are for the convenience only and contain no legal or contractual meaning. You may not assign your rights and obligations under this Agreement to another entity unless otherwise agreed by Danale in writing. Any attempted transfer in violation of the aforementioned provisions shall be null and void.