SuzhouVSOChina Network Technology Co., Ltd. (hereinafter referred to as “LandhighLandhigh VSOChina”) provides services for the members of Landhigh VSOChina(hereinafter referred to as “the members”) according to stipulations set outherein. This agreement is legally effective between the members and LandhighVSOChina in the contract. LandhighVSOChina hereby specifically reminds you to carefully read and fully understandeach term of this agreement especially terms exempting or restrictingliabilities of Landhigh VSOChina and excluding or restricting rights of themembers involved herein. Please prudently read and choose to accept thisagreement or not. You will not be authorized to use services provided by LandhighVSOChina under this agreement unless otherwise you accept all terms of thisagreement. Once you register or use Landhigh VSOChina services, it will bedeemed that you have already fully understood and completely accepted all termsof this agreement.
Chapter 1 Landhigh VSOChina Platform and Services
Article 1 Landhigh VSOChinaPlatform is a cultural creative industry service platform operated by LandhighVSOChina (website: www.vsochina.com;if Landhigh VSOChina releases a new website in form of announcement, etc.,please log in the new website then). Landhigh VSOChina services refer toservices provided by Landhigh VSOChina for the members through various waysincluding Landhigh VSOChina platform and client. The specific services mainlyinclude crowdsourcing information release, crowdsourcing transaction managementservice, online creation management tool application, rendering service, IPincubation and authorized transaction, financial service, and community andshopping mall services. The specific details of services shall be in line withservice contents currently provided by Landhigh VSOChina.
Article2 Inorder to safeguard your rights and interests, please carefully read and fullyunderstand and learn all terms of this service agreement before voluntarilyregistering and using Landhigh VSOChina services. Once youregister or use Landhigh VSOChina services, it will be deemed that you fullyunderstand and accept this service terms; if any legal consequences are causeddue to your violation of this service agreement, you will have to solely assumerelevant legal liabilities.
Article 3 During performing of thisagreement, Landhigh VSOChina may modify this service agreement based on actualcircumstances. Once the contents of this service agreement change, LandhighVSOChina will release a latest service agreement through Landhigh VSOChinaplatform and the members will not be individually notified. If the membersdisagree on the modification of this service agreement by Landhigh VSOChina,they will have the right to stop use services provided by Landhigh VSOChina. Ifthe members continuously use the said services, it will be deemed that themembers accept modification of this service agreement by Landhigh VSOChina andthey shall follow and execute the modified agreement.
Article 4 The members agree that LandhighVSOChina may send the members notices, any other agreements and officialnotices or other notices concerning use of member accounts and services by themembers by electronic means (announcement of Landhigh VSOChina platform,website message, email, short message of mobile phone and wirelesscommunication device) or by mail and other physical means. It will be deemed thatsuch notices have been already delivered to recipients upon the date of sending(if the notices are sent to the membersby mail, it will be deemed that such notices are delivered upon the thirdnatural day after the notices are handed over for posting to the contactaddresses preserved by the members in Landhigh VSOChina platform). If themembers fail to receive such notices upon the date when the abovementionednotices are deemed as delivered due to reasons not attributable to LandhighVSOChina (including but not limited to inaccuracy or invalidity of emailaddress, mobile phone number and contact address, failure of informationtransmission, etc.), Landhigh VSOChina will not assume any responsibility.
Article 5 Landhigh VSOChina may suspend provision, restriction or change ofLandhigh VSOChina services. As long as the members still use Landhigh VSOChinaservices, it will indicate that the members still agree on this serviceagreement.
Chapter 2 Members
Article 6 Members of Landhigh VSOChina referto natural persons and business entities complying with provisions of relevantlaws of the People’s Republic of China and capable of independently assumingcivil liabilities with full capacity for civil rights and capacity for civilconduct. Before using Landhigh VSOChinaservices, the members must register in Landhigh VSOChina platform first.
Article 7 The members hereby make the following commitments:
1. The members must provide authentic, latest, effective and completeinformation according to the requirements of Landhigh VSOChina.
2. The members guarantee and promise that the transactions conductedthrough Landhigh VSOChina Platform comply with provisions of relevant laws andregulations.
3. The members are obliged to maintain and update their information andensure such information authentic, latest, effective and complete. If themembers provide any wrong, false, dated or incomplete data, or LandhighVSOChina suspects that such information is wrong, false, out-of-date orincomplete based on its independent judgment, Landhigh VSOChina will have theright to dispose the matters by means including but not limited to disabling ofmember accounts and refusing users to use some or all functions of LandhighVSOChina services. In this case, Landhigh VSOChina does not assume anyresponsibility and the members agree to undertake any direct or indirectexpenditures or losses therefore incurred.
4. If the members fail to timely update the basic information to result inthe failure to provide Landhigh VSOChina services or occurrence of any errorupon provision of such services, the members shall not cancel transaction orreject payment on this agreement, while Landhigh VSOChina does not assume any liability.All consequences shall be borne by the members.
5. Besides this agreement, the members shall also abide by all rulesreleased and updated from Landhigh VSOChina platform from time to time,including but not limited to announcements, product flow descriptions, platformproject instructions, risk tips, etc.
Chapter 3 Contents of Landhigh VSOChina Services
Article 8 Some contents of Landhigh VSOChinaservices require the members to complete identity authentication and bank cardauthentication according to requirements of Landhigh VSOChina. Members failingto complete identity authentication and/or bank card authentication will beunable to use corresponding Landhigh VSOChina services. Landhigh VSOChina will not assume any liability forlosses caused by the failure to enjoy Landhigh VSOChina services due to failingto complete authentication.
Article 9 Landhigh VSOChina onlyassumes surface examination responsibility for information released on itswebsite and it does not guarantee or assume relevant responsibility foraccuracy, integrity, and legality of such information. The members shall makedecisions based on their independent judgments. If the members conducttransactions on the basis of such information, they shall undertake riskstherefore incurred. The members have no right to raise any proposition of lawagainst Landhigh VSOChina on this basis. Any disputes arising from transactionsbetween the members and counterparties or in connection thereto shall be solvedby the parties involved in the disputes. Landhigh VSOChina will not undertakeany transaction risks and legal liabilities.
Article 10 Landhigh VSOChina will provide themembers with the following transaction management services:
1. Member account: When a member registers in Landhigh VSOChina platform, amember account will be generated. This account will record the activitiesconducted by this member in Landhigh VSOChina platform. This member account isthe only account for logging in Landhigh VSOChina platform.
2. Updating of transaction status: The members confirm that the transactionstatuses confirmed by them in Landhigh VSOChina platform according to LandhighVSOChina service flow will become irrevocable instructions for relevanttransactions or operations conducted by Landhigh VSOChina for the members(including but not limited to payment or fund collection, capital freezing andcontract conclusion). The members agree that Landhigh VSOChina has the right tohandle relevant matters according to this agreement and/or relevant disputesettlement rules of Landhigh VSOChina.
If the members fail to timely modify or confirm the transaction status orsubmit relevant applications, they shall take responsibility for any disputesor losses therefore caused while Landhigh VSOChina will not assume anyresponsibility.
3. Transmission of payment instructions: The members understand that LandhighVSOChina is not a bank or payment agency. Landhigh VSOChina does not providecapital transfer service according to China’s statutory provisions. The membersagree that Landhigh VSOChina does not assume any responsibility for delay ofarrival of their capital.
When the members conduct each transaction or accept transaction fundsthrough Landhigh VSOChina platform, if they fail to follow terms of thisservice agreement or operation instructions in the transaction rules releasedby Landhigh VSOChina, Landhigh VSOChina will not assume any responsibility. Ifthe abovementioned condition occurs while the funds are already transferred tomember accounts first, the members will agree that Landhigh VSOChina has theright to directly deduct relevant funds from relevant member accounts. LandhighVSOChina reserves the right to reject members’ request for payment of suchfunds. If such funds are already transferred to members’ bank accounts, themembers will agree that Landhigh VSOChina has the right to recover the fundsfrom the members afterwards. The members shall pay expenses therefore incurred.
4. Transmission of transaction instructions: The members understand andagree that Landhigh VSOChina provides services for eligible members. LandhighVSOChina does not assume any responsibility for transaction behaviors conductedin Landhigh VSOChina platform such as investment and borrowing/lending. LandhighVSOChina is unable and also not obliged to ensure that the members can actuallyobtain loans or succeed in investment after they send borrowing offers or investmentintentions. Losses therefore caused to the members due to the abovementionedreason (including but not limited to interest, handling charge and otherlosses) shall be borne by the members themselves. Landhigh VSOChina will notassume any responsibility.
5. Transaction safety setting: Landhigh VSOChina has the right to set uprelevant matters involving transactions based on the consideration oftransaction safety and other aspects, including but not limited to transactionquota and frequency. The members understand that the abovementioned setting of LandhighVSOChina may cause certain inconveniences to the transactions and they do notraise any objection to it.
If Landhigh VSOChina discovers aprocessing error resulting from system failure or any other reason, LandhighVSOChina will have the right to correct this error no matter if it benefits LandhighVSOChina itself or the members. If this error makes the funds actually receivedby the members exceed the amount that shall be obtained, Landhigh VSOChina willreserve the right to correct the transactions not properly executed regardlessof nature and reason of this error, while the members shall refund theexcessively collected funds or conduct other operations according to specificrequirements raised in a notice sent by Landhigh VSOChina concerning errorcorrection. The members understand and agree that the funds overpaid orunderpaid due to the abovementioned processing error are free of interest andVSO does not undertake any loss or liability resulting from the abovementionedprocessing error (including losses caused to the members due to the said errorssuch as interest and exchange rate losses).
Article 11 Landhigh VSOChina will provide themembers with the following customer services:
The service contents of Landhigh VSOChina include crowdsourcing informationrelease, crowdsourcing transaction management service, online creationmanagement tool application, rendering service, IP incubation and authorizedtransaction, financial service, and community and shopping mall services. Thespecific details of services shall be in line with service contents currentlyprovided by Landhigh VSOChina.
1. Bank card authentication: In order to use recharging,cash withdrawal and withholding services provided by Landhigh VSOChina or athird-party organization entrusted by Landhigh VSOChina, the members shallsubmit relevant information registered in the name of the members includingeffective bank debit card according to relevant flow stipulated in LandhighVSOChina platform. After the bank cards pass audit and approval of LandhighVSOChina, Landhigh VSOChina will bind member’s account with the abovementionedbank account. If the members fail to submit relevant information according tostipulations of Landhigh VSOChina, or the information submitted is wrong,false, dated or incomplete, or Landhigh VSOChina has reasonable ground tosuspend that the information submitted by the members is wrong, false, dated orincomplete, Landhigh VSOChina will have the right to refuse to provide themembers with bank card authentication service. The members shall undertakelosses incurred due to failure to use services such as recharging, cashwithdrawal and withholding.
2. Recharging: The members may use an approachdesignated by Landhigh VSOChina to recharge capital to their member accountsfor the purpose of transactions through Landhigh VSOChina platform. The capital in the member accountsis free of interest.
3. Transmission of payment instructions: Landhigh VSOChina provides paymentinstruction transmission service according to functions opened by its platformto the members then and Landhigh VSOChina transmits the members’ accountpayment instructions itself or by entrusting a third-party organization torealize the completion of principal and interest collection and collection ofvarious funds such as compensatory payment in member accounts. or , the funds inthe member accounts will be paid to other parties designated by the members.However, Landhigh VSOChina does not guarantee that the abovementioned serviceprovided complies with the members’ expectations.
4. Cash withdrawal: The members may transfer the capital in member accountsto authenticated bank card accounts by using cash withdrawal function opened byLandhigh VSOChina platform then. Landhigh VSOChina will transfer relevant fundsto authenticated bank card accounts of the members through a third-partyorganization as soon as possible after receiving the abovementionedinstructions from the members (time of inward transfer of capital may differdue to different banks provided by the members).
5. Query: Landhigh VSOChina will record all operationsof the members in Landhigh VSOChina platform no matter if the purposes of suchoperations are eventually realized. The members may query transaction recordsunder the name of member accounts in a real-time way through member accounts. The members understand and agreethat the service provided for the members to finally receive funds is providedby the banks corresponding to authenticated bank accounts or a third-partypayment agency and they shall request investigation and verification from suchbanks or third-party payment agency. The members understand and agree that anyinformation queried through Landhigh VSOChina platform is only used forreference and shall not be used as evidence or basis for relevant operations ortransactions.
The members understand that the abovementioned recharging, transmission ofpayment instructions and cash withdrawal services involve cooperation between LandhighVSOChina and other third parties such as bank, guarantee company andthird-party payment agency. The members agree: (1) Landhigh VSOChina does notmake any commitment to the time of arrival of capital of the abovementionedservice or assume relevant responsibilities including but not limited to lossestherefore incurred such as interest loss and currency devaluation due torestrictions of various reasons such as status quo that third parties such asbank, guarantee company and third-party payment agency only carry out capitalwithholding and transfer on working days; (2) Once the members use theabovementioned services, it will indicate that the members irrevocablyauthorize Landhigh VSOChina to conduct relevant operations and such operationsare not reversible. The member shall not refuse to pay or request cancelationof transactions on any ground. As far as the services mentioned above areconcerned, Landhigh VSOChina will not collect expenses from the members for thetime being. However, expenses that shall be paid by the members to a thirdparty according to stipulations set out in Article 3 are specifically indicatedin relevant information of website of the said third party. Disagreements ordisputes arising between the members and a third party concerning payment ofsuch expenses are irrelevant to Landhigh VSOChina.
6. When using Landhigh VSOChina services each time, the members shalldirectly log in Landhigh VSOChina platform or use the link provided by LandhighVSOChina to log in Landhigh VSOChina platform (website:www.vsochina.com; if Landhigh VSOChina releases a newwebsite in form of announcement, etc., please log in the new website then) orclient instead of mail or links provided by other websites. When dialing thecustomer telephone of Landhigh VSOChina each time, the members shall dial thecustomer service telephone of 4001647979 provided in official website of LandhighVSOChina (if Landhigh VSOChina releases a new customer telephone number in formof announcement, etc., please dial the new number then).
7. The members agree that LandhighVSOChina has the right to place various commercial advertisements or any othertypes of commercial information (including but not limited to advertisementplacement in any page of Landhigh VSOChina platform) during provision of LandhighVSOChina services. Further, the members agree to accept various types ofcommercial promotion or other relevant commercial information sent by LandhighVSOChina to them by email or other means.
Article 12 Landhigh VSOChina will provide themembers with the following contract management services:
1. Contracts that shall be concluded for transactions conducted in LandhighVSOChina platform shall be made in form of electronic contract. After usingmember accounts to log in Landhigh VSOChina platform, the members may click toconfirm electronic contracts or sign electronic contracts by similar means withtheir account user name in Landhigh VSOChina Platform according to relevantrules of Landhigh VSOChina and such contracts will be deemed as contractssigned under the name of the members themselves based on their true intentionsand such contracts are legally effect. The members shall properly keep theiraccount information such as accounts and passwords. Electronic contractsconcluded by the members by the abovementioned means are legally binding oneach party. The members shall not deny the validity of contracts alreadyconcluded or fail to perform relevant obligations according to such contractsbased on the ground that the account information including their accounts andpasswords is stolen or due to other reasons.
2. After signing electronic contracts according to relevant rules of thisagreement and Landhigh VSOChina, the members shall not modify such contractswithout authorization. Landhigh VSOChina provides the members with filing,checking and verification services of electronic contracts. If the members haveany doubt about the authenticity of electronic contracts or contents ofelectronic contracts, they may check through Landhigh VSOChina. In case of anydispute therefore arising, it shall be settled according to contracts recordedby Landhigh VSOChina.
3. The members shall not privately duplicate or forge electronic contractsor seals signed in Landhigh VSOChina platform and shall not use the forgedcontracts to swindle by false pretences or use them for other illegal purposes.Otherwise, the members shall assume responsibilities themselves.
4. Landhigh VSOChina does notprovide any paper contract unless otherwise clearly specified.
Article 13 Third-party Liabilities
1. Liabilities of relevant services provided by a third party as involvedin the use of Landhigh VSOChina services by the members shall be assumed bythis third party and Landhigh VSOChina does not assume such liabilities underany circumstances. The circumstances in which Landhigh VSOChina does not assumeliabilities include but are not limited to:
(1) Any losses or liabilitiesresulting from the failure of third parties such as bank and third-partypayment agency to operate according to instructions of the members and/or LandhighVSOChina;
(2) Any losses or liabilitiesresulting from the failure to ensure timely arrival of capital or failure ofarrival of capital due to the reasons of third parties such as bank andthird-party payment agency;
(3) Any losses or liabilitiesresulting from restrictions imposed by third parties such as bank andthird-party payment agency involving transaction quota or frequency;
(4) Any losses or liabilitiesresulting from behaviors or reasons of other third parties.
2. The members shall take responsibility for any losses or liabilitiesresulting from their own reasons, while Landhigh VSOChina does not assume anyliability. The circumstances in which Landhigh VSOChina does not assumeliabilities include but are not limited to:
(1) Any losses or liabilitiesresulting from the failure of the members to operate according to thisagreement or any rules released by Landhigh VSOChina platform from time totime;
(2) Any losses or liabilitiesresulting from the reasons of bank cards used by the members, including use ofunauthenticated bank cards by the members, or use of bank cards not belongingto the members or use of credit cards as well as bank cards of the membersbeing frozen or reported for loss;
(3) Any losses or liabilitiesresulting from unclearness, or ambiguity and incompleteness of instructioninformation sent by the members to Landhigh VSOChina;
(4) Any losses or liabilitiesresulting from insufficient balance in the member accounts;
(5) Any forms of disputes andlawsuits resulting from infringement of copyright during the members’transactions;
(6) Any other losses or liabilitiesresulting from the members’ reasons.
Chapter 4 Account Security and Management
Article 14 The members understand and agree that the guarantee ofconfidentiality and security of member accounts and passwords are the members’responsibility. The members will take full responsibility for all actions andspeeches taken by utilizing member accounts and passwords. Also, the membersagree on the following matters:
(1) The membersshall neither disclose accounts or passwords to any others nor use any others’accounts or passwords. If the member accounts of the members are illegallyused by others due to reasons not attributable to Landhigh VSOChina such ashacker, virus or negligence of keeping by the members, Landhigh VSOChina willnot assume any responsibility.
(2) Landhigh VSOChina identifies members’instructions through their member accounts and passwords. The members confirmthat all behaviors of Landhigh VSOChina using their member accounts andpasswords to log in represent the members themselves. Electronic informationrecords generated due to operations of member accounts are all effectivevouchers indicating the members’ behaviors and the members themselves shallassume all responsibilities therefore incurred.
(3) If others’ accounts andpasswords are illegally used, Landhigh VSOChina and its legally authorized subjectsreserve the right to hold the actual users responsible for assuming jointliabilities.
(4) Each member shall create a security password according torelevant rules of Landhigh VSOChina as well as relevant prompt of LandhighVSOChina platform. The member shall avoid selecting too obvious word or datesuch as member’s name, nickname or birthday.
Article 15 If a member finds outthat a third party illegally uses or embezzles its member account and password,or has any other condition not legally authorized, this member shallimmediately inform Landhigh VSOChina by effective means and request LandhighVSOChina to suspend relevant services. The member itself shall assume allresponsibilities therefore incurred. Meanwhile, the member understands that certaintime limit is required for Landhigh VSOChina to take certain action accordingto the member’s request. Landhigh VSOChina does not assume any responsibilityfor losses resulting from the use of such services by a third party previously.
Article 16 When a member decides not to use itsmember account, it shall pay off all payables first (including but not limitedto loan principal, interest, default interest, liquidated damages, servicecharge, managerial charge, etc.). Then, the member will withdraw fundsavailable in the member account (if any) in full amount or send other legalpayment instructions to Landhigh VSOChina as well as apply to Landhigh VSOChinafor freezing of this member account. This member account can be formallycanceled after Landhigh VSOChina audits and approves.
If a member is dead or declared dead, each right and each obligation ofthis member under this agreement will be undertaken by its successor. If themember loses capacity for civil rights or civil conduct in whole or in part, LandhighVSOChina or its authorized subject will have the right to dispose funds relatedto the member account according to effective legal instruments (including butnot limited to effective court judgments) or instructions of its statutoryguardian.
Article 17 Landhigh VSOChina may suspend, interrupt or terminate provisionof all or some member services (including paid services) of the members underthis agreement and remove or delete the registration information withoutassuming any responsibility for the members or any third party when it thinksthat transaction security may be damaged based on its unilateral independentjudgment. The abovementioned circumstances include but are not limited to thefollowings:
1. Landhigh VSOChina thinks that personal information provided by themembers is not authentic, effective or complete;
2. Landhigh VSOChina finds out abnormal transactions or there is certaindoubt or worry for law violation;
3. Landhigh VSOChina thinks that member accounts are suspected of beinginvolved in money laundering, cash-out, pyramid selling, illegal use or otherconditions deemed by Landhigh VSOChina as risky;
4. Landhigh VSOChina thinks that the members already violate various rulesand principles stipulated herein;
5. When using the paid services of Landhigh VSOChina, the members fail topay relevant platform service fee or third-party service charge to LandhighVSOChina as stipulated;
6. The member accounts haven’t been actually used for 90 consecutive daysand the balance in the account is zero;
7. The members are suspected of being involved in infringement upon a thirdparty’s intellectual property to result in any complaint or lawsuit;
8. Landhigh VSOChina needs to suspend, interrupt or terminate provision ofall or some member services (including paid services) under this agreement tothe members and remove or delete registration information according to itsindependent judgment based on reasons including transaction security.
Article 18 The members agree thatLandhigh VSOChina may terminate provision of member account services withoutadvance notice and may immediately suspend, close or delete member account andall relevant information and archives in this member account if a member failsto log in for 180 consecutive days.
Article 19 The members agree that suspension, interruption or terminationof member accounts do not represent termination of the members’responsibilities. The members shall still undertake possible compensatoryliability for breach of contract or damage during use of services of LandhighVSOChina. Meanwhile, Landhigh VSOChina may still keep relevant information ofthe members.
Article 20 If accounts (QQ/Weibo,WeChat, etc.) of third-party websites are used to register member accounts inLandhigh VSOChina, the members shall own legal use right over accounts inthird-party websites corresponding to their member accounts. If a member losesuse right over account in a third-party website due to certain reasons,Landhigh VSOChina may stop providing services for this member account. However, if certain balance existsin this member account, Landhigh VSOChina will properly keep it for the member.At this point, if the member desires to take back the original balance,Landhigh VSOChina will provide the service for replacement of account ofLandhigh VSOChina. If the member cannot complete the replacement of its accountthrough self-service, the member may put forward a request to Landhigh VSOChinaconcerning use of bank account to accept original capital. After checking andverification, Landhigh VSOChina may coordinate with the member to transferoriginal capital to a bank account registered using the true name of themember.
Chapter 4 Law-abiding Obligations and Commitments ofthe Members
Article 21 The member promises neverto use Landhigh VSOChina services for any illegal purpose or by any illegalmeans and also promises to abide by relevant laws and regulations of China aswell as all international conventions for use of the Internet and follow allnetwork agreements, rules and procedures related to Landhigh VSOChina services.
Article 22 The members agree andguarantee not to utilize Landhigh VSOChina services to infringe upon others’rights and interests or break the laws. Violating members shall bear all legalliabilities. Theabovementioned behaviors include but are not limited to the follows:
1. Oppose the basic principles determined in the Constitution, jeopardizenational security, disclose state secrets, overturn state power or destroynational unity.
2. Infringe upon others’ reputation, right of privacy, business secrets,trademark, copyright, patent, other intellectual property and other rights andinterests.
3. Violate due confidentiality obligations stipulated in law or contract.
4. Illegally use the name of others to use Landhigh VSOChina.
5. Engage in any illegal transaction behaviors such as trafficking infirearms, narcotics, prohibited drugs, pirated software or other prohibitedarticles.
6. Provide gambling information or induce others to participate in gamblingby any means.
7. Be suspended of being involved in money laundering, cash-out or otherpyramid selling activities.
8. Engage in any behaviors that main contain computer viruses or possiblyinfringe upon Landhigh VSOChina service system and information.
9. Utilize Landhigh VSOChina service system to conduct behaviors that maycause an adverse influence on normal operation of the Internet or mobile network.
10. Infringe upon commercial interests of Landhigh VSOChina, including butnot limited to release of commercial advertisements not permitted by LandhighVSOChina.
11. Utilize Landhigh VSOChina service to upload, exhibit or spread false,harassing, slandering, insulting, intimidating, vulgar and obscene informationand data or any other illegal information and data.
12. Adopt other improper behaviors deemed by Landhigh VSOChina as improperwith justified reasons.
Article 23 Landhigh VSOChinareserves the right to delete various kinds of information contents notcomplying with laws or policies or unauthentic or improper information contentsin Landhigh VSOChina platform without informing the members based on itsindependent judgment. In this case, Landhigh VSOChina is not required to assumeany responsibility. If the members fail to abide by the abovementionedstipulations, Landhigh VSOChina will have the right to make independentjudgment and take measures such as suspension or closing of member accountswithout assuming any responsibility.
Article 24 The members agree tocompensate Landhigh VSOChina as well as its related parties, partners,directors and employees in full amount and protect them from any damage if themembers violate this agreement or documents becoming a part of this agreementthrough quotation, or the use of Landhigh VSOChina by the members has violatedany laws or rights of a third party to cause any third party to conduct orlaunch any compensation application or request (including counsel fee).
Article 25 The members promise that the information uploaded or releasedthrough Landhigh VSOChina platform isauthentic and effective and any information submitted to Landhigh VSOChina isauthentic, effective, complete, detailed and accurate. If certain losses arecaused to Landhigh VSOChina or other users of Landhigh VSOChina due toviolation of the abovementioned commitments, the members will assume relevantresponsibilities.
Chapter 6 Service Interruption or Failure
Article 26 The members agree that Landhigh VSOChina does not guaranteethat the warranty service will not be interrupted or timeliness and/or securityof warranted services based on peculiarity of the Internet. If the systemcannot be normally operated due to relevant condition to make the membersunable to use any Landhigh VSOChina services or the use of Landhigh VSOChinaservices is subject to any influence, Landhigh VSOChina will not assume anyresponsibility for the members or a third party. The abovementioned conditionsinclude but are not limited to the follows:
1. Landhigh VSOChina system is shut down formaintenance.
2. Failure in telecommunication devices to result in failure to conductdata transmission.
3. Landhigh VSOChina services are interrupted or delayeddue to hacker attack, technical adjustment or failure of network supplier,website upgrading, and bank.
4. Landhigh VSOChina system is obstructed and cannotexecute business due to irresistible factors such as typhoon, earthquake,tsunami, flood, power failure, war and terrorist attack.
Chapter 7 Scope of Responsibility and Restrictions
Article 27 Landhigh VSOChina does not provideany form of guarantee for Landhigh VSOChina services, including but not limitedto the following matters:
1. Landhigh VSOChina services will comply with themembers’ demands.
2. Landhigh VSOChina services will not be disturbed andthey will be timely provided or exempted from error.
3. Any products, services,information or other data purchased or obtained through Landhigh VSOChinaservices will comply with the members’ expectations.
Article 28 The quality and contentsof services provided by a cooperative unit of Landhigh VSOChina services shallbe in the charge of this cooperative unit itself. The contents of LandhighVSOChina platform may involve other websites owned, controlled or operated by athird party (hereinafter referred to as “third-party websites”). LandhighVSOChina cannot guarantee and is also not obliged to ensure authenticity andeffectiveness of any information on third-party websites. The members confirmto use third-party websites according to service agreement of third-partywebsites instead of this agreement. If the third-party websites are notrecommended or introduced by Landhigh VSOChina, contents, products,advertisements and any other information of third-party websites will be judgedby the members themselves who shall undertake risks, which is irrelevant toLandhigh VSOChina. As for any data uploaded or obtained through use of LandhighVSOChina services, the members shall consider and bear risks themselves as wellas undertake any damage resulting from downloading of such data.
Article 29 Suggestions orinformation acquired by the members from Landhigh VSOChina and its staff orthrough Landhigh VSOChina services do not constitute any guarantee of LandhighVSOChina for Landhigh VSOChina services no matter if they are made in writingor oral form.
Article 30 Landhigh VSOChina doesnot guarantee accuracy, effectiveness, safety and integrity of external linksset up in order to provide the members with conveniences. Meanwhile, LandhighVSOChina does not assume any responsibility for any contents in any web pagesnot actually controlled by Landhigh VSOChina as indicated by such externallinks.
Article 31 Landhigh VSOChina does not assumeany responsibility for any indirect, punitive, special and derivative losses(including but not limited to business loss, income loss, profit loss, loss ofdata used or other economic interest losses) related to or resulting from thisagreement, or caused by all information, contents, materials, products (includingsoftware) and services contained in Landhigh VSOChina or provided for themembers through Landhigh VSOChina platform by other means no matter how suchlosses are generated or they are caused due to breaching of this agreement(including violation guarantee) or infringement under the legally allowedcondition even if Landhigh VSOChina is informed of possibility of such lossesahead of time. Besides, even if the exclusive remedy stipulated herein fails toreach the fundamental purpose, the responsibility of Landhigh VSOChina for theabovementioned losses shall also be exempted.
Article 32 The total amount of compensatoryliability for breach of this agreement undertaken by Landhigh VSOChina for thisagreement shall not exceed the total amount of Landhigh VSOChina platform servicecharges collected from the members at present under any circumstances unlessotherwise stipulated herein.
Chapter 8 Risk Reminder
Article 33 The members understand and recognize that any transactionconducted through Landhigh VSOChina cannot avoid thegeneration of the following risks and Landhigh VSOChina cannot and is also notobliged to take responsibility for the following risks:
1. Macroeconomic risk: Abnormal fluctuation of price, etc. may be causeddue to change of macroeconomic situation. The members may thussuffer from certain losses;
2. Policy risk: Abnormal fluctuation of price and other aspects may becaused due to changes of relevant laws, regulations and relevant policies andrules. The members may thus suffer from certain losses;
3. Default risk: When other transaction parties are unable or not willingto perform the contract in full amount as scheduled, the members may thussuffer from certain losses;
4. Interest rate risk: Change of market interest rate may have an impact onthe actual income of products purchased or held;
5. Risks resulting from force majeure;
6. Any losses caused due to the members’ faults which include but are notlimited to decision-making fault, improper operation, forgetting or disclosureof password, password being cracked, computer system used by the members beinginvaded by a third party, and malicious or improper operation conducted byothers when they are entrusted by the members to transaction on their behalf.
Article 34 Landhigh VSOChina doesnot provide any guarantee or condition for any members and/or any transactions expressly,tacitly or statutorily. Landhigh VSOChina cannot and will not try to controlthe information released by the members. Landhigh VSOChina does not offer anyform of certification and authentication service for such information. LandhighVSOChina cannot completely ensure authenticity, sufficiency, reliability,accuracy, integrity and effectiveness of platform contents and is not requiredto undertake any legal liabilities therefore incurred. The members shallconduct transactions relying on their independent judgments. The members shallassume all responsibilities for judgments made.
Article 35 Stipulations set out above cannot reveal all risks of transactionsconducted by the members through Landhigh VSOChina as well as allmarket conditions. Before making decisions on transactions, the members shallcomprehensively learn relevant transactions and make decisions prudentlyaccording to their transaction targets, risk tolerance and financial standingas well as undertake all risks.
Chapter 9 Service Charges and Other Expenses
Article 36 When the membersuses Landhigh VSOChina services, Landhigh VSOChina will collect relevantplatform service charges from the members. Each platform service charge isdetailed in charging instructions and standards listed in Landhigh VSOChinaplatform when the members use Landhigh VSOChina services. Landhigh VSOChinareserves the right to unilaterally formulate and adjust the charging standardsof platform service charges.
Article 37 When using Landhigh VSOChina services, themembers may be required to pay certain third-party service charges to thirdparties (such as bank, third-party payment company, or a third party providing technicalservices). The specific charging standards are detailed in relevant pages ofthird-party websites or prompts and charging standards of Landhigh VSOChinaplatform. The members agree to pay such service charges to third partiesthemselves or by entrusting Landhigh VSOChina or a third party designated byLandhigh VSOChina according to the abovementioned charging standards.
Chapter 10 Terms of Privacy Protection andAuthorization
Article 38 Landhigh VSOChina will protect, useor disclose authenticated individual or enterprise information provided by themembers and collected by Landhigh VSOChina itself according to this agreement. Landhigh VSOChina may transfer all or someof rights and obligations related to Landhigh VSOChina platform to related entitiesof Landhigh VSOChina without obtaining the members’ consent. However, themembers shall not transfer any of their rights and obligations under thisagreement unless otherwise approved by Landhigh VSOChina in writing ahead oftime.
Article 39 Landhigh VSOChina maycollect extra data of the members through any legal approaches and sources soas to better master the members’ conditions, customize Landhigh VSOChinaservices for the members, settle disputes for the members and help the membersensure safe transactions via Landhigh VSOChina platform.
Article 40 Landhigh VSOChinaautomatically tracks some data of the members according to the behaviors of themembers in Landhigh VSOChina platform. Under the precondition that the privatedata of the members is not disclosed, Landhigh VSOChina has the right toanalyze the whole member database and utilize this database commercially.
Article 41 The members agree that Landhigh VSOChina may use data collectingdevices such as “Cookies” in some web pages of Landhigh VSOChina platform.
Article 42 The members agree thatLandhigh VSOChina may use relevant data of the members (including but notlimited to data in the archives of relevant members held by Landhigh VSOChina,other data acquired by Landhigh VSOChina from the present and previousactivities conducted by the members in Landhigh VSOChina platform as well asdata collected by Landhigh VSOChina through other channels) so as to settledisputes and mediate troubles. The members agree that Landhigh VSOChina may evaluatetheir data manually or through automatic programs.
Article 43 Landhigh VSOChina adopts industrial standards andconventions to protect the members’ data. Landhigh VSOChina will not maliciously sell or freelyshare information provided by the members for Landhigh VSOChina due toperforming of this agreement to any third party except the followingcircumstances:
1. Suppliers providing independent services and requesting informationnecessary to the services, e.g. printing house and mailing company;
2. Government departments or other agencies with retrieving informationfrom legal channels with legal information retrieval authority, e.g. publicsecurity authority and court.
3. Related entities of Landhigh VSOChina;
4. A third party approved by platform user or authorized representative ofplatform user.
Article 44 Landhigh VSOChina is obliged to provide your personal data forjudiciary authorities and government departments according to requirements ofrelevant laws. When the members fail to perform their due obligations accordingto service agreement signed with Landhigh VSOChina or other legal instrumentssuch as agreements signed by Landhigh VSOChina with other members, LandhighVSOChina will have the right to disclose such members’ personal information anddata and make comments according to its own judgment or upon request of othermembers related to such transaction. If you seriously violates relevant rulesof Landhigh VSOChina, Landhigh VSOChina will have the right to edit thepersonal information and data of the members provided by the members themselvesor collected by Landhigh VSOChina itself into the blacklist of the website anddisclose this blacklist to a third party. Further, Landhigh VSOChina has theright to share your personal data and information submitted by yourself orcollected by Landhigh VSOChina itself with any third party. Landhigh VSOChinawill not assume any legal liability for any losses therefore possibly caused toyou.
Chapter 11 Protection of Intellectual Property
Article 45 Landhigh VSOChina or other rightholders own intellectual property over all contents in Landhigh VSOChina platform including but not limitedto copyrights, photos, archives, information, data, platform architecture,arrangements of platform pictures and web page designs according to law,including but not limited to trademark, patent, copyright, business secrets,etc.
Article 46 Without written consent of LandhighVSOChina or other right holders, no one shall use, modify, copy, publicly propagate,change, spread, or publicly publish programs or contents of Landhigh VSOChinaplatform without authorization.
Article 47 Without the definite written consentof Landhigh VSOChina, the members are not allowed to download (except pagecache) or modify the platform or any part of the platform. The members shallnot resell or commercially utilize Landhigh VSOChina platform or its contents;the members shall not collect and utilize product summary, description andprices; the members shall not conduct any derivative utilization of LandhighVSOChina platform or its contents; the members shall not download or copyfinancial information for the propose of other commercial interests, or use anydata acquisition, Robots or similar data collection and excerpt tools. It is strictlyforbidden to systematically acquire Landhigh VSOChina platform to directly orindirectly create or edit collected works, compilation, database or personalname and address directory (through Robots, Spiders, automatic instruments ormanual operations or not) unless otherwise permitted by Landhigh VSOChina inwriting. Besides, it is strictly prohibited to use contents and materials onLandhigh VSOChina platform for any purpose not definitely allowed by thisservice condition.
Article 48 Landhigh VSOChina website, or anypart of the website shall not be duplicated, copied, forged, sold, resold,visited, or utilized by other means for any commercial purpose unless otherwisedefinitely approved by Landhigh VSOChina in writing. Without the definitewritten consent of Landhigh VSOChina, the members shall not use frame or applyframe skill to appropriate trademarks, logos or other exclusive information ofLandhigh VSOChina or its related companies (including images, text, web pagedesigns or forms). Without the definite written consent of Landhigh VSOChina,the members shall not use names and trademarks of Landhigh VSOChina or itsrelated companies by Meta Tags or any other “hidden text”. Any unauthorized usewill terminate permission or licensing awarded by Landhigh VSOChina.
Article49 Copyrightsof original works and original articles released and exhibited by the membersin VSOChina as well as commodities exhibited or transacted in the shopping mallbelong to the author. The original authors must be reached for any commercialusage, or the transaction parties may agree on affiliation of intellectualproperty.
Article 50 Once the members upload works in the website of LandhighVSOChina, it will be deemed that the members authorize Landhigh VSOChina to usetheir works in the website or mobile terminal of Landhigh VSOChina. If themembers participate in any rewarding competitions held by Landhigh VSOChina,the members will automatically authorize Landhigh VSOChina to use members’competition participation works to conduct commercial activities. However,Landhigh VSOChina shall offer relevant economic remuneration to the members andensure that the competition works of the members are not subject toinfringement by a third party in any form.
Article51 Ifany third party infringes upon relevant rights of the members of LandhighVSOChina, the members agree to authorize Landhigh VSOChina or its designatedagent to put forward warning, complaint, lodge administrative law enforcement,appeal or negotiate and settle towards this third party on behalf of LandhighVSOChina or its users. Besides, the users agree to participate in jointprotection of legal rights under the condition that Landhigh VSOChina deemsnecessary.
Article52 Ifthe members find out that contents infringing upon their legitimate rights andinterests exist in the website of Landhigh VSOChina, please timely get in touchwith Landhigh VSOChina and provide supporting materials with legal effect tomake it convenient for Landhigh VSOChina to handle the matter. LandhighVSOChina has the right to delete relevant contents according to actualcircumstances and hold relevant users responsible for undertaking legalliabilities. The infringing users shall take all responsibilities for lossestherefore caused to Landhigh VSOChina or any third party.
Chapter 12 Interpretation of Terms, Applicable Lawand Settlement of Disputes
Article53 Thisagreement is jointly signed by the members and Landhigh VSOChina. It applies toall activities of the members in Landhigh VSOChina. The contents of thisagreement include but are not limited to terms of main body of the agreement aswell as various rules already released or to be released in the future. Allterms and rules are an indivisible part of this agreement and have same legaleffect with main body of this agreement.
Article54 This agreement does not involve legal relations and legal disputes arisingbetween the members and other members of Landhigh VSOChina due to onlinetransactions. However, the members hereby agree to comprehensively accept andperform any electronic legal documents signed by other members with LandhighVSOChina and promise to enjoy and (or ) waive relevant rights and undertake and(or ) exempt relevant obligations according to such legal documents.
Article55 Ifany term in this agreement becomes invalid in whole or in part no matter whatthe reason is, or it is not effective, it will be deemed that this term can beseparated from this agreement and replaced by a new effective term which isclose to each party’s intention as close as possible and capable of preparingeconomic purpose required herein. Besides, in this case, other terms of thisagreement are still completely effective and binding.
Article56 Effectivenessof this agreement and its amendments and performing of all matters related toeffectiveness of this agreement and its amendments will be subject to Chineselaws. Chinese laws are applicable to any disputes.
Article57 This agreement is signed in Suzhou, Jiangsu Province, China. Any disputes orcontroversies arising between the members and Landhigh VSOChina due to thisagreement, they shall be solved through amicable negotiation first. Ifnegotiation fails, the members hereby completely agree to file such disputes orcontroversies to competent people’s court in the place where Landhigh VSOChinais located for litigation.
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