Digital Dunhuang Account Usage Agreement
Thank you for choosing Digital Dunhuang!
The Digital Dunhuang Account Usage Agreement (this "Agreement") is an agreement established between you and Dunhuang Academy ("Digital Dunhuang" or "we") with respect to the registration and use of the Digital Dunhuang account.
Before you register and use your Digital Dunhuang account (hereinafter referred to as the "Service"), we hereby remind you to carefully read and fully understand the terms and conditions of this Agreement, particularly those concerning service fees, exemption or limitation of Digital Dunhuang's liability, restrictions on your rights, dispute resolution and applicable laws, which will be highlighted in bold for your attention.
By clicking to agree and/or registering and using the Digital Dunhuang account on the web page, it will be deemed that you have read, understood and agreed to accept this Agreement and to be bound by the terms and conditions hereof. If you do not agree to this Agreement, you have the full and complete right to withdraw from the Service.
1. General Provisions
1.1 A Digital Dunhuang account is an identifier indicating that Digital Dunhuang has authorized you by this Agreement to register, log in or use the relevant Service of Digital Dunhuang, i.e., a license and credential to use Digital Dunhuang's Service.
1.2 Scope of Agreement
This Agreement may also incorporate the agreements, service statements, business rules and notices with respect to the Service as Digital Dunhuang may issue from time to time (collectively, the "Agreement"). Upon issuance, the foregoing agreements, statements, rules and notices will become an integral part hereof and be legally binding on you. In addition, when you use any individual service provided by Digital Dunhuang, you shall carefully read the rules and regulations of each service and agree to be bound by this Agreement as well as the aforementioned rules and regulations.
1.3 Basic Account Functions
Your Digital Dunhuang account allows you to use various products or services provided by Digital Dunhuang, such as account registration, account login, real name authentication, application for qualification of co-creation etc. In order to provide you with a secure, convenient and consistent login experience in using Digital Dunhuang products or services, your Digital Dunhuang account will enable you to use a one-stop login function. You may also browse high-precision digital content or purchase digital images via your Digital Dunhuang account.
1.4 Scope of License
Digital Dunhuang hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and royalty-free (except as otherwise stated in this Agreement) license to use the Service.
2. Rules of Use
2.1 Registration of Account
2.1.1 Prior to registering and using your Digital Dunhuang account, you shall have full civil capacity as defined by the laws of the People's Republic of China. If you do not have the full civil capacity as described above, you and your guardian shall be bear all consequences thus caused in accordance with the law. If you are under the age of 18 and intend to use the Service, you shall create a minor account with the consent of your parent or other guardians prior to using the Service.
2.1.2 You shall undertake that all the information submitted during the registration (including but not limited to mobile phone number, email address, explanations for application, qualification certification, etc.) is true, accurate, legal, valid and is your own information, failing which, you may not be able to use the Service or be restricted during use. You shall be liable for any consequences or losses caused by registration information you provide that is untrue, inaccurate or incomplete. You shall register the account using your true identity information, and the account name, avatar and other registration information submitted by you shall not contain any illegal or undesirable information. Digital Dunhuang will reject your registration if it is aware of any of the foregoing circumstances. After you have completed registration, if Digital Dunhuang finds that you have fraudulently obtained the account with false information, or your account name, avatar, profile, etc. contains any illegal and undesirable information, Digital Dunhuang reserves the right to unilaterally request corrective action (with a deadline), suspend or terminate the account or take other measures without notice.
2.1.3 When using your Digital Dunhuang account, in the event of any changes in the information you provided, you shall update the information in a timely manner. You may access and correct your information in the Settings page of your Digital Dunhuang account.
2.2 Use of Account
2.2.1 A Digital Dunhuang account is a credential that entitles you to use the Service we provide. The Digital Dunhuang account is the property of Digital Dunhuang, and you, as the initial applicant and registrant, only have the right to use the Digital Dunhuang account you have registered.
2.2.2 You shall be responsible for the consequences of all actions performed under your account (including but not limited to signing various terms and conditions online, posting information, purchasing digital goods and services, and disclosing information).
2.2.3 You may use your Digital Dunhuang account to the extent specified herein, and shall not register the account in bad faith, nor give, lend, rent, transfer or sell it or otherwise license a non-initial registrant to use the account without the written consent of Digital Dunhuang. Digital Dunhuang has the right to confirm and deal with the foregoing actions at its sole discretion, and you shall bear any consequences or losses arising therefrom. Digital Dunhuang reserves the right to pursue legally responsibilities for such actions.
2.2.4 Since your Digital Dunhuang account is linked to your personal information and Digital Dunhuang's business information, the account is for your personal use only. Without the consent of Digital Dunhuang, your direct or indirect authorization to any third party to use your Digital Dunhuang account or access the information therein is null and void. If Digital Dunhuang determines that the use of your Digital Dunhuang account may jeopardize the security of the account and/or Digital Dunhuang's information in accordance with the processes and criteria for breach as set forth in the rules of various Digital Dunhuang platforms, Digital Dunhuang may refuse to provide the Service or terminate this Agreement.
2.2.5 If you violate the aforementioned rules, Digital Dunhuang will have the right to impose the following restrictions on you in accordance with relevant laws and regulations:
(i) If you violate any laws and regulations, various terms or business rules of Digital Dunhuang, Digital Dunhuang may, at its sole discretion, request corrective action within a specified period, suspend or terminate the account or take other measures at any time, and determine whether to restore your account based on actual circumstances.
(ii) Digital Dunhuang may terminate your use of the account without notice if it finds that you are not the initial applicant of the account.
(iii) Any and all the losses and damages (including but not limited to interruption of communications, clearance of user profiles, order records and related data, etc.) resulting from the foregoing corrective action, suspension or termination of your use of the account imposed by Digital Dunhuang in accordance with this Agreement or relevant laws and regulations shall be assumed solely by yourself.
2.2.6 If you log in to Digital Dunhuang's Service using a third-party account, such third-party account will be associated with your Digital Dunhuang account and Digital Dunhuang will use your information (e.g., profile image) based on the information you authorize the third party to provide. Your subsequent use of that Digital Dunhuang account will be governed by this Agreement.
2.3 Account Maintenance and Security
2.3.1 Your Digital Dunhuang account includes an account name and a password, which you may set and keep for yourself. You may use such account (including account ID, mobile phone number and email address) and password to log in and use the relevant Digital Dunhuang Service. At no time will Digital Dunhuang request you to provide your password.
2.3.2 You shall safeguard your account information and password. We recommend that you take specific measures to protect your account, including but not limited to changing your password regularly.
2.3.3 If you are using a Digital Dunhuang account that you did not initially apply for or obtained through other channels not provided by Digital Dunhuang, and you know the current password of the account, then you must not log in or operate such account, and shall notify Digital Dunhuang or the initial registrant thereof promptly, otherwise you will be liable for any legal consequences thus caused.
2.3.4 If you lose your Digital Dunhuang account information and need to retrieve it, you shall provide appropriate information in line with the retrieval process of the Digital Dunhuang account and ensure that the information provided is legal, true and valid, failing which, the information will not pass Digital Dunhuang's security verification, and Digital Dunhuang reserves the right to refuse to provide account retrieval service.
2.3.5 Digital Dunhuang shall not be responsible for the losses and consequences in connection with your Digital Dunhuang account due to your voluntary disclosure of information or any attack, fraud, or loss of smart devices (e.g. mobile phones, etc.). You shall pursue compensation from the infringing party through judicial, administrative and other remedies.
2.4 Account Recovery
In order to prevent malicious use of Digital Dunhuang account, if you have not used your Digital Dunhuang account for 24 consecutive months or have not logged in to your account through other channels approved by Digital Dunhuang, then Digital Dunhuang may terminate your use of the account and you will no longer be able to log in or use the Service via the account, and Digital Dunhuang reserves the right to delete all the data related thereto and to recover the account. If there are any pending transactions associated with the account, Digital Dunhuang will notify you via appropriate channels (e.g., SMS or email) and make every effort to assist you in completing the transactions. Please follow Digital Dunhuang's instructions and take the appropriate actions in a timely manner.
3. User’s Rights and Obligations
3.1 When using the Service, you must comply with the provisions of the Network Security Law, the Regulation on the Administration of Internet News and Information Services, the Regulation on the Governance of Network Information, the Regulation on the Administration of Internet User‘s Account, the Regulation on the Administration of Information Services of Mobile Internet Application, and other relevant laws and regulations of the People's Republic of China, and you agree that you will not use the Service to commit any illegal, criminal or improper acts, including but not limited to:
3.1.1 Uploading, displaying, posting, transmitting or otherwise communicating any information that contains content:
(1) violating the basic principles laid down in the Constitution;
(2) jeopardizing national security, disclosing state secrets, subverting state government, or undermining national unity;
(3) damaging state honor and interests;
(4) inciting ethnic hatred, discrimination or undermining ethnic unity;
(5) sabotaging state's religious policies, propagating cults and feudal superstitions;
(6) spreading rumors, disrupting social order and undermining the society;
(7) spreading obscene, pornographic, gambling, violent, murderous, terrorist, or instigating criminal behavior;
(8) insulting or defame others and infringe upon their legal rights;
(9) which is false, harmful, coercive, in violation of others' privacy, harassing, defamatory, vulgar, obscene, or otherwise morally objectionable;
(10) which is restricted or prohibited by Chinese laws, rules, regulations, ordinances, and any legally binding codes.
3.1.2 The following activities shall not be conducted during use of the Service:
(1) Unauthorized access to computer information networks or resources thereof;
(2) Unauthorized deletion, modification or addition of computer information network functions;
(3) Unauthorized deletion, modification or addition of data and applications stored, processed or transmitted within computer information networks;
(4) Intentional production or dissemination of computer viruses and other harmful programs;
(5) Any commercial practices such as advertising or sales of merchandise, or any illegal actions that infringe on the interests of Digital Dunhuang, such as selling Digital Dunhuang accounts, obtaining/selling Digital Dunhuang's image resources, or reselling licensed images etc.;
(6) Any other actions that endanger the security of computer information networks.
3.2 If you violate the provisions of this Agreement or other terms of service, Digital Dunhuang will be entitled, depending on the nature of your conduct, to take relevant measures, including but not limited to removing the posted information, suspending your license, terminating the Service, restricting the use of your Digital Dunhuang account, and pursuing legal liability. Digital Dunhuang will also assist in investigations as required by judicial authorities.
3.3 You shall not reproduce, copy, sell, resell or use for any other commercial purposes any part of the Service or the use of or access to the Service.
3.4 You shall be legally liable for your actions during use of the Service, including, but not limited to, compensating those who have been harmed as a result of your actions. If Digital Dunhuang has assumed the administrative penalties or compensation liability for infringement resulting from your actions, you shall provide Digital Dunhuang with equal compensation.
4.1 The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, conditions or other agreements, express or implied, and make no warranty, promise, representation or guarantee, including the warranties of completeness, accuracy, timeliness or reliability of the Service or any related single service or the features thereof.
4.2 To the maximum extent permitted by law, Digital Dunhuang shall not be liable for any losses incurred by you or any other individual resulting from inability to get access to or use the Service in connection with:
4.2.1 Interruption, delay or suspension of the Service caused by hacker attack, computer virus, filtering of illegal content or harassing information, government regulation and any other measures with respect to networks, technology, communication lines, information security management, etc.;
4.2.2 Failure of communication lines, technical issues, network or computer malfunctions, system instability and other reasons attributable to a third party such as service providers;
4.2.3 Suspension or termination of the Service due to maintenance or upgrades of the system, hardware or software by Digital Dunhuang.
4.2.4 Interruption of the Service due to events of force majeure, such as typhoons, earthquakes, power outages, floods, wars, terrorist attacks, etc.;
4.2.5 Interruption, delay or termination of the Service due to changes in laws and regulations, orders and rulings of judicial and administrative authorities, etc.
4.3 The Service is for your personal use only. You shall be solely liable for any losses resulting from your direct or indirect authorization of third parties, , to use your Digital Dunhuang account or access the information therein without the consent of Digital Dunhuang, and Digital Dunhuang will not be responsible for any such losses.
4.4 You may associate your existing third-party account with your Digital Dunhuang accoun. Digital Dunhuang will not be liable for any losses you incur due to third-party reasons.
4.5 We may access, use, store, and/or disclose your account information as required by law, litigation, judicial or governmental authorities, or as otherwise reasonably necessary.
4.6 Digital Dunhuang shall not be liable for any disclosure of your personal information as a result of your improper use of the account or other reasons attributable to you.
4.7 Any and all risks that may result from anonymous or impostor's information containing threatening, defamatory, offensive or illegal content in connection with the use of Digital Dunhuang's products, programs and services, as well as any and all the psychological, physical harm and financial losses that may result from misleading or deceptive communications between the users and others in the Service shall be borne by the infringing party, and Digital Dunhuang shall assume no responsibility therefor.
4.8 No content you post using your Digital Dunhuang account shall represent or reflect any views or policies of Digital Dunhuang and Digital Dunhuang shall assume no responsibility for such content.
5. Intellectual Property Rights
5.1 The information you post on any platform using your Digital Dunhuang account shall not infringe upon the intellectual property rights of any third party, and you shall not, without the prior written consent of the relevant right holder, upload, post, modify, transmit or reproduce in any way any legally protected trademark, copyrighted material or proprietary information belonging to others. Upon receipt of the appropriate notice from any right holder or its legal representative, we will, upon review, remove such content that infringes upon the intellectual property rights of others.
5.2 Unless as otherwise stated in this Agreement, the intellectual property rights in and to the text, image, audio, video, software and other original information (excluding the co-created works on the Digital Dunhuang library platform, the intellectual property rights of which are subject to separate regulation) that you publish or upload via your Digital Dunhuang account while using the Service belong to you, provided, however, that your publication or upload of such information will be deemed to grant Digital Dunhuang non-exclusive, permanent, irrevocable rights to use, reproduce and sublicense all the intellectual property rights in and to the information. You agree that you will not provide Digital Dunhuang with any information or materials that you deem confidential or proprietary.
5.3 Any text, images, graphics, audio, design and/or video materials incorporated in the products and services provided by Digital Dunhuang are protected by copyright law, trademark law and/or other laws governing the ownership of property, and, unless as otherwise noted, their intellectual property rights, ownership and related rights are owned by Digital Dunhuang.
5.4 You will not be entitled to use any of Digital Dunhuang's intellectual property rights without its prior written consent. You warrant, represent and undertake that you will not infringe upon the intellectual property rights of Digital Dunhuang. You will not, in your own name, or allow, cause, or permit any third party to, apply to register any trademarks, domain names, mobile websites, Internet search terms or any trade names, service marks similar to Digital Dunhuang’s or its affiliates’ trademarks in any jurisdiction and in any manner for marketing, advertisement, promotion or other purposes. In the event of any of the foregoing circumstances, you shall assign all related rights to Digital Dunhuang at your own expense. You warrant, represent and covenant that you will not use the following names (including but not limited to "Dunhuang Academy," "Digital Dunhuang," "Digital Dunhuang Resource Library," "Digital Dunhuang Open Source Library", as well as the logos and graphics attached thereto) as part of your business, merchant, service or product name, nor use the intellectual property rights of Digital Dunhuang trademarks or similar trademarks. You shall be fully and solely liable for any and all the losses of Digital Dunhuang caused by your violation of this provision.
6.1 In view of the rapid development of Internet-related technologies, markets, business models, etc., you agree that Digital Dunhuang has the right to develop and modify this Agreement and various rules from time to time in accordance with changes in relevant laws and regulations of the People's Republic of China, development of the Internet and adjustments of Company's operating conditions and business strategies. The updated agreement and rules will take effect after a reasonable public notice period and will replace the original agreement and rules.
6.2 Using an appropriate manner, we will notify you to read the updated agreement, and you may also access the terms and conditions thereof on the relevant web page. If the updated agreement or rules will seriously affect or limit your continued use of the Service, we will obtain your consent through pop-up windows, notice prominently displayed on the web page, SMS, etc. If you do not agree to the revised terms and conditions, you shall immediately cease using the Service under this Agreement. Your continued login to your Digital Dunhuang account or continued use of the Service shall be deemed as your acknowledgment and acceptance of the revised agreement and rules.
7. Termination of Service
7.1 If you violate the laws and regulations and the provisions of this Agreement, we will have the right to suspend, restrict or terminate your use of the account and cease providing the Service for you.
7.2 We reserve the right to temporarily or permanently terminate the Digital Dunhuang account Service of (or any part thereof) for a reasonable period of time based on our operational needs, and you shall back up all the data and information stored in that account in a timely manner.
7.3 We may be required by law, court decision, or order of judicial or governmental authorities to terminate the Service of the Digital Dunhuang account.
7.4 In the event that the Service is terminated in accordance with the preceding paragraph, we will notify you by platform announcements, SMS, email or other means. However, we may immediately suspend, restrict or terminate your access to all or part of the Service without prior notice to you under the following circumstances:
7.4.1 You breach this Agreement or Digital Dunhuang has reason to believe that you are about to do so;
7.4.2 You or any person acting on your behalf commits fraudulent or illegal acts, or provides Digital Dunhuang with false or misleading information;
7.4.3 We respond to requests from law enforcement or government agencies in accordance with valid legal procedures;
7.4.4 We perform urgent system or hardware maintenance and update;
7.4.5 Unforeseen technical, security or business reasons.
7.5 Digital Dunhuang reserves the right to terminate this Agreement if the information posted via your Digital Dunhuang account infringes upon the intellectual property rights of any third party and Digital Dunhuang is informed of such circumstance by the intellectual property owner or his/her legal agent.
8. Protection of Personal Information
8.1 It is our policy to respect the privacy of users and to protect the security of your personal information. Digital Dunhuang will take reasonable measures to protect your personal information and privacy. We undertake that Digital Dunhuang will not collect or use any personal information from our users beyond what is necessary to the provision of the Service or for purposes other than the provision of the Service without the consent of the user.
8.2 We will take necessary security measures as required by laws, regulations and agreements in order to fulfill our obligations to protect your information. However, please understand that we cannot guarantee the ability of relevant third parties to protect your information or deal with relevant issues. If you have any questions about the collection, provision, storage, or use of your personal information by the third parties, or if you decide to exercise your rights in accordance with relevant laws and regulations, you may contact that third party directly.
9. Applicable Law and Dispute Resolution
9.1 This Agreement shall be governed by the laws of the People's Republic of China.
9.2 Any dispute arising between the parties shall be settled through amicable negotiation, failing which, either party may file a lawsuit with the court of competent jurisdiction at the location of Dunhuang Academy. In the event of a conflict between any single provision and this Agreement with respect to the jurisdiction, the single provision shall prevail to the extent that it is binding.
10.1 Agreement Effectiveness
This Agreement shall take effect from the date of your acceptance and shall continue to be effective during your use of the Service until terminated in accordance with this Agreement. If the time of your actual use of the Service is earlier than your acceptance hereof, you hereby understand and agree that this Agreement is effective upon your first use of the Service, unless earlier terminated pursuant hereto.
When registering a Digital Dunhuang account, you are expected to provide Digital Dunhuang with real and valid contact information (including your email address, mobile phone number, etc.), and you are obligated to promptly update the contact information in the event of any change thereof. Digital Dunhuang will deliver to one or more of the aforesaid contacts various notices, which may materially affect your rights and obligations, so it is important that you pay attention to them in a timely manner. You shall assume the risk that the email address or mobile phone number you provide is not available or that we are unable to deliver the notice to you for any reason.
If any provision of this Agreement is held or deemed to be canceled, invalid, or unenforceable, the remaining provisions shall remain legally valid and binding on both parties.
Without our prior written consent, you shall not assign or otherwise transfer any of your rights or obligations under this Agreement. Any unauthorized assignment or transfer will be null and void. Digital Dunhuang reserves the right to assign, subcontract or replace its rights and obligations hereunder due to circumstances such as business upgrades or changes of operating entities.
10.5 To the maximum extent permitted by law, Dunhuang Academy reserves the right of final interpretation of this Agreement.