User Service Agreement

xianxiastory End User Service Agreement
    
PLEASE READ THE FOLLOWING TERMS CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE SERVICE(S). BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE(S) OR ANY CONTENT PROVIDED THROUGH THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND OTHER RELATED TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (TOGETHER, THE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE OUR SERVICES.

Xianxiastory MAY AMEND OR MODIFY THE TERMS AT ANY TIME IN OUR SOLE DISCRETION. AMENDMENTS AND/OR MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY AFTER PUBLISHING THEM ON THE WEBSITE OR OTHERWISE PROVIDING YOU A COPY THEREOF, AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH AMENDMENTS OR MODIFICATIONS. WE WILL INDICATE AT THE TOP OF THIS AGREEMENT THE DATE IT WAS LAST UPDATED. YOU AGREE TO AND ARE RESPONSIBLE FOR CHECKING THE TERMS PERIODICALLY, AS THEY MAY BE AMENDED OR MODIFIED FROM TIME TO TIME. BY CONTINUING TO USE OUR SERVICES, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF ANY REVISED OR UPDATED TERMS. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING OUR SERVICE(S).


1. Overview of Xianxiastory Platform and Services
Xianxiastory operates and maintains the Platform to provide you online literature reading services, including without limitation literary works (such as fictions, short stories, essays, etc.), comics, animations and other types of literature works. The literary works, functions, and other services provided through the Platform, and where the context permits, applications and software downloaded from the Platform, collectively constitute the “Services”.

2. License
Subject to the terms of this Agreement and the Terms that govern your use of the Service(s) and your compliance with any rules of conduct, we hereby grant you a personal, limited, non-transferable, non-sublicensable, and non-exclusive license to use the Services provided by Zongheng through the Platform, for your own personal, non-commercial entertainment use. The preceding states the entirety of your rights with respect to the Services and the Platform, and we reserve all rights not expressly granted to you in this Agreement.
Without limiting the forgoing, you agree you will NOT do, or authorize or permit any third party to do, any of the following:

•use the Service(s) for any commercial or business purposes or otherwise for any purpose other than your own personal entertainment use;

•interfere with security-related features of the Platform, including without limitation: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform or Service;

•interfere with the operation of the Platform or any user’s enjoyment of the Services, including without limitation: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;

 3. User Content
Certain features of the Service may permit you to upload new content to the Platform, including original literary works, messages, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Platform. Notwithstanding anything to the contrary in this Agreement, you retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Platform.

3.2 Limited License Grant to Other Users
By uploading or sharing User Content with other users of the Service(s), you grant those users a non-exclusive license to access and use such User Content, as permitted by these Terms and the functionality of the Service.

3. Representations and Warranties
You are solely responsible for any User Content that you upload or publish onto the Platform, and you are responsible for the consequences of posting or publishing such User Content. By posting or publishing User Content, you represent, warrant and covenant that:
•(a)your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Zongheng to violate any law or regulation.

4. Accounts and Registration
To access the Service(s), you must register for an account through the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [13] years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are under 18, you should have first obtained your parent’s or guardian’s permission before the registration of an account on the Platform.
When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to set up a password for your account. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at xianxiastory@outlook.com

5. Purchase and Payment
Xianxiastory may charge for certain Services under certain fee rate displayed on the Platform. Before you pay any fees, you must review the fee policy and method on the Platform, and then accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable. If Xianxiastory changes the fees rate for any Service(s), including by adding additional fees or charges, Xianxiastory will provide you advance notice of such changes. If you do not accept the changes, Xianxiastory may discontinue the Service to you. Xianxiastory will charge the payment at the rate the time of purchase. You authorize Xianxiastory to charge all sums as described in these Terms, for the Service you select.

6. Third-Party Services and Linked Websites
Xianxiastory may provide tools through the Platform that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Xianxiastory with an account on any third party service, such as Twitter or Facebook, or through our of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

7. Termination
This Agreement begins on the day you agree to these terms and conditions and continues in effect up until it is terminated by you or Xianxiastory.

You may terminate your account at any time by contacting customer service at xianxiastory@outlook.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service(s). If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically.
9. Disclaimers and Consents

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE(S) OR ANY CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE ZONGHENG ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTION WITH ANY OTHER SERVICE USER, AND ANY CONTENT AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT THROUGH THE PLATFORM AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

10. Limitation of Liability
IN NO EVENT WILL THE ZONGHENG ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ZONGHENG ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EACH PROVISION OF THIS SECTION THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES HERETO. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. General
•Entire Agreement. This Agreement, together with the Terms of Service, Privacy Policy, Cookie Policy, Rules of Conduct and all other agreements, terms and policies incorporated herein by reference, sets forth our entire agreement with respect to the Platform and the Service and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral.