Terms of Service
To use BinJiang's services, you shall read and comply with the <BinJiang Service Agreement> (hereinafter referred to as "this Agreement") and the <BinJiang Privacy Policy>.
Please carefully read and fully understand the contents of each clause, especially the clauses that exempt or limit BinJiang's liability, clauses that restrict users' rights, clauses that agree on dispute resolution methods and judicial jurisdiction (such as the relevant agreements in Article 18), as well as separate agreements or rules for opening or using a specific service. Restrictive, liability exemption clauses or other clauses involving your major rights and interests may be highlighted in bold, underlined, etc. to draw your attention.
Unless you have fully read, completely understood and accepted all clauses of this Agreement, you have no right to use BinJiang's services.
Your clicking "Agree" or "Next", or your use of BinJiang's services, or any other express or implied indication of acceptance of this Agreement shall be deemed as your having read and agreed to sign this Agreement. This Agreement shall then take legal effect between you and BinJiang and become a legally binding document on both parties.
If you do not have full capacity for civil conduct due to factors such as age and intelligence, please read and judge whether to agree to this Agreement accompanied by your legal guardian (hereinafter referred to as the "guardian"), and pay special attention to the terms for minors' use.
If you are a user outside the mainland of China, you shall also comply with the laws of the country or region to which you belong and/or where you are located when entering into or performing this Agreement.
I. [Scope of the Agreement]
1.1 This Agreement is an agreement entered into between the user and BinJiang regarding the user's use of BinJiang's services. "BinJiang" refers to BinJiang and/or its affiliated operating entities that may exist in relation to relevant services. "User" refers to the user of BinJiang's services, and is more often referred to as "you" in this Agreement.
1.2 BinJiang's services refer to the products and services provided by BinJiang to users, including but not limited to instant messaging, online media, internet value-added services, interactive entertainment, financial payment, advertising, etc. The specific services shall be subject to those actually provided by BinJiang (hereinafter referred to as "the Services").
1.3 This Agreement also includes the <BinJiang Privacy Policy>, and when you use a specific service of BinJiang, there may be separate agreements, relevant business rules, etc. for that service (collectively referred to as "Separate Agreements"). The above contents, once officially released, shall form an integral part of this Agreement, and you shall also comply with them. Your acceptance of any of the aforementioned Separate Agreements shall be deemed as your acceptance of the entire Agreement. Your acceptance of this Agreement shall be deemed as your acceptance of the <BinJiang Privacy Policy>.
II. [Account and Password Security]
2.1 You may need to register an account when using the Services. For the specific rules on your use of the account, please carefully read and comply with the relevant Separate Agreements.
2.2 BinJiang specially reminds you to properly keep your account and password. When you finish using the Services, you shall log out safely. Any loss caused by your improper custody, such as account theft or password leakage, shall be borne by you alone.
2.3 To enhance user experience and/or for technical convenience, the account for the Services may include numbers, letters, or combinations thereof, as well as mobile phone numbers, email addresses, and other forms. When you register an account in one form, BinJiang may provide another form of the account as a bonus. The specific account forms, account systems, and the association between accounts shall be subject to those actually provided by BinJiang.
2.4 In the course of using the Services, you may be able to set a nickname, avatar, signature, message, and other information for the account you use, and may also establish, manage, or operate related content. You shall ensure that the content and form of such information comply with laws and regulations, public order and good customs, social morality, and BinJiang's platform rules, and shall not infringe upon the legitimate rights and interests of any subject.
III. [Protection of Users' Personal Information]
3.1 Protecting users' personal information is a basic principle of BinJiang. BinJiang shall collect, use, store, and share your personal information in accordance with the provisions of this Agreement and the <BinJiang Privacy Policy>. Matters not explicitly stipulated in this Agreement regarding the protection of personal information shall be subject to the provisions of the <BinJiang Privacy Policy>.
3.2 In the process of registering an account or using the Services, you may need to fill in some necessary information. If national laws and regulations have special provisions, you need to fill in true identity information. If the information you fill in is incomplete, you may not be able to use the Services or be restricted during use.
3.3 Under normal circumstances, you can browse and modify the information you submitted in accordance with the relevant product rules, but for the sake of security and identity verification (such as account appeal services, etc.), you may not be able to modify the initial registration information and other verification information provided during registration.
3.4 BinJiang shall use various security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use, or disclosure to the best of your ability.
3.5 BinJiang shall not transfer or disclose your personal information to any third party unless:
(1) Required by relevant laws and regulations, judicial organs, or administrative organs.
(2) Transferred for the completion of merger, division, acquisition, or asset transfer.
(3) Necessary to provide the services you request.
(4) Circumstances where transfer or disclosure to any third party is permitted in accordance with the <BinJiang Privacy Policy> or other relevant agreement rules.
IV. [Methods of Using the Services]
4.1 The Services are only for your personal non-commercial use, unless otherwise agreed between you and BinJiang.
4.2 The rights you obtain in accordance with the terms of this Agreement are not transferable.
4.3 You shall not use any means (including but not limited to third-party software, plug-ins, cheats, systems, devices, etc.) to interfere with, damage, modify, or exert other influences on the Services.
4.4 You shall use the Services through the means provided or approved by BinJiang, and shall not log in to or use the Services through any third-party software, plug-ins, cheats, systems, devices, etc.
4.5 No one may, without the authorization of BinJiang, use any third-party software, plug-ins, cheats, systems, etc. to view or obtain any relevant information, data, and other contents of BinJiang, BinJiang's partners, or users contained in the Services. At the same time, you shall strictly comply with the Robots Agreement and other relevant agreement rules issued by BinJiang.
V. [Provision of Services on an "As Is" Basis]
You understand and agree that:
5.1 The Services are provided on an "as is" basis according to the current technical level and conditions. BinJiang shall make its best efforts to ensure the continuity and security of the Services, but BinJiang cannot foresee and prevent legal, technical, and other risks at all times. BinJiang shall be exempt from liability for such risks to the extent permitted by law, including but not limited to service interruptions, data loss, and other losses and risks that may be caused by force majeure, viruses, Trojan horses, hacker attacks, system instability, defects in third-party services, government actions, and other reasons.
5.2 Due to business strategy arrangements or adjustments, the specific content of BinJiang's services available to users in different regions may differ, subject to those actually provided by BinJiang.
VI. [Self-provided Equipment]
6.1 You shall understand that to use the Services, you need to prepare your own terminal equipment (such as computers, mobile terminals, and necessary network access equipment, etc.) related to the relevant services, and bear the required fees (such as telephone charges, internet fees, etc.).
6.2 You understand and agree that your use of the Services will consume the resources of your terminal equipment and bandwidth.
VII. [Advertisements]
7.1 You agree that BinJiang may send or display advertisements or other information (including commercial and non-commercial information) to you through various means such as short messages, emails, or electronic information, either by itself or through a third party. The specific sending and display forms, frequency, and content of advertisements or other information shall be subject to those actually provided by BinJiang.
7.2 BinJiang shall carry out advertising business in accordance with the requirements of relevant laws and regulations. You agree that you shall carefully judge the authenticity and reliability of the advertisements appearing in the Services, and shall be responsible for the acts implemented due to such advertisements except as explicitly stipulated by law.
VIII. [Service Fees]
8.1 Some of BinJiang's services are provided on a fee-charging basis. If you use fee-charging services, please comply with the relevant agreements.
8.2 BinJiang may modify and change the charging standards and methods for fee-charging services according to actual needs, and BinJiang may also start charging for some free services. Before the aforementioned modification, change, or start of charging, BinJiang shall notify or announce on the corresponding service page. If you do not agree to the aforementioned modification, change, or paid content, you shall stop using the service.
8.3 When BinJiang reduces the charging standards for fee-charging services or changes fee-charging services to free services, BinJiang reserves the right not to provide refunds or fee adjustments to original paying users.
IX. [Products or Services Provided by Third Parties]
When you use products or services provided by third parties on the BinJiang platform, in addition to complying with the provisions of this Agreement, you shall also comply with the third party's user agreement. BinJiang and the third party shall each bear liability within the scope prescribed by law and agreed upon for any disputes that may arise.
X. [Provision of Services Based on Software]
If BinJiang provides services to you relying on "software", you shall also comply with the following agreements:
10.1 You may need to download software in the process of using the Services. For such software, BinJiang grants you a personal, non-transferable, and non-exclusive license. You may only use such software for the purpose of using the Services.
10.2 For the purpose of improving user experience, ensuring the security of the Services, and the consistency of product functions, etc., BinJiang may update the software. You should update the relevant software to the latest version, otherwise BinJiang does not guarantee that the software or services can be used normally.
10.3 BinJiang may develop different software versions for different terminal devices. You shall select and install the appropriate version for download according to the actual situation. You can obtain the software directly from the BinJiang platform or from a third party authorized by BinJiang. If you obtain the software or an installer with the same name as the software from an unauthorized third party, BinJiang cannot guarantee that the software or service can be used normally, and shall not be responsible for any losses caused to you thereby.
10.4 Unless otherwise permitted in writing by BinJiang, you shall not engage in any of the following acts:
(1) Delete information about copyright on the software and its copies.
(2) Conduct reverse engineering, reverse assembly, reverse compilation of the software, or attempt to discover the source code of the software by other means.
(3) Use, rent, lend, copy, modify, link, reprint, compile, publish, distribute, establish mirror sites, etc. for the content owned by BinJiang with intellectual property rights.
(4) Copy, modify, add, delete, hook up to run, or create any derivative works of the data released by the software into the memory of any terminal during operation, the interactive data between the client and the server during the operation of the software, and the system data necessary for the operation of the software, including but not limited to using plug-ins, cheats, or unauthorized third-party tools/services to access the software and related systems.
(5) Increase, delete, change the functions or operation effects of the software by modifying or forging instructions, data, etc. during the operation of the software, or operate or disseminate to the public the software or methods used for the above purposes, regardless of whether these acts are for commercial purposes.
(6) Log in to or use BinJiang's software and services through any means such as third-party software, plug-ins, cheats, systems, devices, etc. that are not developed or authorized by BinJiang, or produce, publish, or disseminate third-party software, plug-ins, cheats, systems, devices, etc. that are not developed or authorized by BinJiang for logging in to or using BinJiang's software and services.
XI. [Intellectual Property Statement]
11.1 The intellectual property rights of the content provided by BinJiang in the Services (including but not limited to web pages, text, pictures, audio, video, charts, computer software, etc.) belong to BinJiang, and the intellectual property rights of the content generated by users in the use of the Services belong to users or relevant right holders, unless otherwise agreed between you and BinJiang.
11.2 Unless otherwise specially stated, the copyrights, patent rights, and other intellectual property rights of the software on which BinJiang relies when providing the Services belong to BinJiang.
11.3 The intellectual property rights of the above and any other content contained in the Services are protected by laws and regulations. Without the written permission of BinJiang, users, or relevant right holders, no one may use or create relevant derivative works in any form.
XII. [Users' Illegal and Irregular Acts]
12.1 When using the Services, you shall comply with laws and regulations, and shall not produce, copy, publish, or disseminate information containing the following contents or engage in relevant acts, nor shall you provide convenience for producing, copying, publishing, or disseminating information containing the following contents or engaging in relevant acts:
(1) Opposing the basic principles established by the Constitution.
(2) Endangering national security, leaking state secrets, subverting state power, and undermining national unity.
(3) Damaging the honor and interests of the country.
(4) Inciting ethnic hatred and discrimination, and undermining ethnic unity.
(5) Undermining the national religious policy, propagating cults and feudal superstitions.
(6) Spreading rumors, disturbing social order, and undermining social stability.
(7) Spreading obscenity, pornography, gambling, violence, murder, terror, or instigating crimes.
(8) Insulting or slandering others, infringing upon the legitimate rights and interests of others.
(9) Violating the requirements of the "Seven Bottom Lines" including the bottom line of laws and regulations, the bottom line of the socialist system, the bottom line of national interests, the bottom line of citizens' legitimate rights and interests, the bottom line of social public order, the bottom line of moral norms, and the bottom line of information authenticity.
(10) Prohibited by relevant laws and regulations, this Agreement, relevant agreements, rules, etc.
12.2 If you violate relevant laws and regulations or the provisions of this Agreement in the process of using the Services, relevant state organs or institutions may initiate litigation, impose fines, or take other sanctions against you, and require BinJiang to provide assistance. Any damage caused to you or others thereby shall be borne by you alone, and BinJiang shall not bear any liability.
12.3 If you violate the provisions of this Agreement and cause losses to any subject, you shall be independently liable for compensation; if BinJiang suffers losses thereby, you shall also compensate BinJiang accordingly.
XIII. [Compliance with Local Legal Supervision]
13.1 You shall comply with the relevant laws and regulations of the local place in the process of using the Services, and respect the local morals and customs. If your acts violate the local laws and regulations or moral customs, you shall be independently liable for such acts.
13.2 You shall avoid causing BinJiang to violate laws and regulations or be involved in political and public events due to your use of the Services, otherwise BinJiang has the right to suspend or terminate the services provided to you.
XIV. [Content Sent or Disseminated by Users and Complaint Handling]
14.1 You shall be solely responsible for the content (including but not limited to web pages, text, pictures, audio, video, charts, etc.) sent or disseminated by you through the Services.
14.2 The content sent or disseminated by you shall have a legal source, and the relevant content shall be owned by you or you have obtained the necessary authorization.
14.3 If the content sent or disseminated by you is illegal, irregular, or infringes upon the rights of others, BinJiang has the right to make an independent judgment and take measures such as deletion, shielding, or disconnection of links.
14.4 If you are complained by others or you complain about others, BinJiang has the right to provide the necessary information such as the subject information, contact information, and complaint-related content of the relevant parties in the dispute to the relevant parties or relevant departments to facilitate the timely resolution of the complaint dispute and protect the legitimate rights and interests of all parties.
14.5 You guarantee the authenticity, legality, and validity of the information, materials, evidence, etc. provided by you in the complaint handling process.
XV. [Force Majeure and Other Exemption Clauses]
15.1 You understand and agree that in the process of using the Services, you may encounter risk factors such as force majeure that affect the Services. Force majeure refers to objective events that cannot be foreseen, avoided, or overcome and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics, and storms, as well as social events such as wars, unrest, and government actions. When the above situations occur, BinJiang shall strive to cooperate with relevant units in a timely manner to seek prompt handling, but BinJiang shall be exempt from liability for any losses caused to you thereby to the extent permitted by law.
15.2 To the extent permitted by law, BinJiang shall not be liable for service interruptions or obstacles caused by the following circumstances:
(1) Damaged by computer viruses, Trojan horses, or other malicious programs, or hacker attacks.
(2) Malfunctions in the computer software, systems, hardware, and communication lines of users or BinJiang.
(3) Improper operation by users or use of the Services by users through unauthorized means of BinJiang.
(4) Outdated program versions, aging equipment, and/or their compatibility issues.
(5) Other circumstances beyond BinJiang's control or reasonable foresight.
15.3 You understand and agree that in the process of using the Services, you may encounter risks brought by network information or other users' behaviors. BinJiang shall not be liable for the authenticity, applicability, or legality of any information, nor shall it be liable for damages caused to you by infringement acts. These risks include but are not limited to:
(1) Information containing threatening, defamatory, offensive, or illegal content from others anonymously or under a false name.
(2) Any psychological, physical harm, or economic loss caused or possibly caused by being misled, deceived by others, or other reasons.
(3) Other risks arising from network information or user behaviors.
15.4 BinJiang's acquisition of the right to handle illegal and irregular content in accordance with the provisions of this Agreement does not constitute BinJiang's obligation or commitment, and BinJiang cannot guarantee the timely discovery of illegal acts or corresponding handling.
15.5 Under no circumstances shall you credulously believe information involving property such as borrowing money, asking for passwords, etc. For property-related operations, please verify the identity of the other party first, and please pay attention to BinJiang's tips on preventing fraud crimes from time to time.
XVI. [Effectiveness and Modification of the Agreement]
16.1 Your use of the Services shall be deemed as your having read this Agreement and accepted the constraints of this Agreement.
16.2 BinJiang has the right to modify the terms of this Agreement when necessary. You can review the latest version of the agreement terms on the relevant service page.
16.3 After the modification of the terms of this Agreement, if you continue to use the software or services provided by BinJiang, it shall be deemed that you have accepted the modified agreement.
XVII. [Modification, Interruption, and Termination of Services]
17.1 You understand and agree that BinJiang may modify the service content, or interrupt, suspend, or terminate the services based on the adjustment of business strategies.
17.2 In the event of merger, division, acquisition, or asset transfer of BinJiang, BinJiang may transfer the relevant assets under the Services to a third party; BinJiang may also, after notifying you unilaterally, transfer part or all of the services and corresponding rights and obligations under this Agreement to a third party for operation or performance. The specific transferee shall be subject to the notice of BinJiang.
17.3 BinJiang has the right to interrupt or terminate the provision of services to you without notice if any of the following circumstances occurs:
(1) You are required to submit true information in accordance with the provisions of laws and regulations, but the personal information you provide is untrue, or inconsistent with the information at the time of registration and you fail to provide reasonable proof.
(2) You violate the provisions of relevant laws and regulations or the provisions of this Agreement.
(3) Required by judicial organs or competent departments in accordance with the provisions of laws and regulations.
(4) For security reasons or other necessary circumstances.
17.4 BinJiang has the right to charge fees in accordance with the agreement in Article 8.2 of this Agreement. If you fail to pay the fees in full and on time, BinJiang has the right to interrupt, suspend, or terminate the provision of services.
17.5 You are responsible for backing up the data stored in the Services by yourself. If your services are terminated, BinJiang has the right to permanently delete your data from the server, unless otherwise stipulated by laws and regulations. After the suspension or termination of services, BinJiang has no obligation to provide or return data to you.
XVIII. [Jurisdiction and Applicable Law]
18.1 The formation, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall all be governed by the laws of the mainland of the People's Republic of China (excluding conflict of laws).
18.2 The place of conclusion of this Agreement is Minhang District, Shanghai, People's Republic of China.
18.3 If any dispute or controversy arises between you and BinJiang, it shall first be resolved through friendly negotiation; if the negotiation fails, you agree to submit the dispute or controversy to the people's court with jurisdiction in the place of conclusion of this Agreement (i.e. Minhang District, Shanghai, People's Republic of China) for jurisdiction.
18.4 The headings of all clauses in this Agreement are for reading convenience only, have no actual meaning in themselves, and shall not be used as the basis for interpreting the meaning of this Agreement.
18.5 If any clause of this Agreement is invalid or unenforceable for any reason, the remaining clauses shall still be valid and binding on both parties.
18.6 If this Agreement has multiple language versions such as Chinese and English, in case of inconsistency in the corresponding content, the Chinese version shall prevail.