TERMS OF SERVICE

Last Modified: Sept. 17, 2015

Welcome to Privacy Knight! Your use of International Privacy Knight (“Services”) is subject to these Terms of Service (the “Terms”).

These Terms apply to you if you are using our Services anywhere in the world other than the People’s Republic of China (“PRC”), and you are neither a citizen of the PRC nor a company incorporated in the PRC. Otherwise please refer to the Chinese version of terms of service for PRC users.

You must comply with these Terms in your use of our Services and only use our Services as permitted by applicable laws and regulations wherever you may be when you use them. You must review these Terms and related policies to understand how you can and cannot use our Services. If you do not agree to these Terms, you must not use our Services.

1.   Contracting Entity

By using our Services, you are agreeing to be bound by these Terms between you and Taobao (China) Software CO.,LTD.

2.   Additional Rules and Policies

1)    The followings are the additional rules and policies that you must comply with in using our Services and are hereby incorporated by reference:

Privacy Knight Privacy Policy which sets out how we collect, store and use your personal information; and

Any other rules, policies, regulations, notices, declarations, alerts that have been or will be issued by us that concern your use of our Services. (Collectively, “Additional Rules and Policies”)

2)    To the extent that any Additional Rules and Policies are different from these Terms, the relevant Additional Rules and Policies will apply.

3)    We reserve the right to update these Terms over time. The updated Terms will replace the older version(s) and automatically take effect on the date of release unless otherwise stated. You understand and agree that we do not need to notify you prior to the changes taking effect. However, we may notify you any changes we deem reasonably material. You are encouraged to check our websites periodically for such updates. By continuing to use our Services after we make any changes to these Terms, with or without notice from us, you agree to be bound by the revised Terms.

3.  Our Services

1)    Taobao provides a variety of software for both web and mobile based applications. These Terms will automatically apply to all the services we provide to you once you get access to these services (if available). 

2)    Our Services may include features such as pattern lock setting, pattern lock wallpaper setting, and uninstall protection etc., which may be updated from time to time.

3)    You understand that we may need to perform maintenances and repairs on our networking equipment, infrastructure, software and hardware from time to time, which may cause temporary disruptions or delays to our Services (free or paid). You agree that we will not be liable for such disruptions or delays although we will make reasonable efforts to the extent possible to notify you in advance.

4)    We may from time to time (to the extent permitted by applicable laws) add, change, or remove features from our Services (including fee arrangement), suspend or terminate our Service altogether. You understand and agree that Taobao does not need to notify you in advance prior to such changes becoming effective. We may, however, notify you any changes we deem reasonably material.

4.  Scope of Our Services

1)    You understand and agree that you should be solely responsible for all the consequences arising out of or in connection with the use of our Services. We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our Services, including content provided by other users of our Services or by our advertisers. You acknowledge and agree that by using our Services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our Services by you is at your own risk. Your use of our Services does not give you any rights in or to any content you may access or obtain in connection with your use of our Services.

2)    Unless expressly stated otherwise, the Services we offer under the Terms are for non-commercial uses only. You agree that you will not duplicate, copy, offer for sale, or distribute any portion of our Services or gains arising out of the use of our Services for commercial uses, including but not limited to advertising.

3)    You agree that you will not use our Services in any ways that may cause damages to Taobao’s business interest, and that you will not engage in any activities that may harm Taobao in any way.

4)    You understand that Taobao does not need to, at all times, monitor your usage. However, we have the right to inspect and audit your use of our Services and the right to take necessary actions, including but not limited to suspending or terminating your usage, or reporting any violations to the proper government agencies. 

5)    If we have a reasonable belief that you have violated any of these Terms, we have the right to limit, suspend, terminate your access to entire or part of Services, and pursuing legal actions.

6)    You agree that we are allowed to integrate advertising or commercial content into our Services. You also understand and agree that we may use targeted advertising in an effort to create more personalized services to you.

7)    We may use your information for the purpose of sending you advertising or direct marketing materials that offer or advertise products and services of ours, our affiliates, and/or selected third parties. If required by applicable laws, we will honor your request for us to not use your personal information for the direct marketing purposes noted above. If you wish to make such a request, please either contact us using the contact details as set forth in the International Privacy Knight Privacy Policy or follow the relevant instructions on our marketing messages. We will not share your personal information with advertisers unless you have given us your consent to do so. We do, however, share non-personal information with advertisers for the purposes of offering you advertising that is more relevant to you.

8)    You understand that we will not sell Your Content to any third party and our use of Your Content will be subject to our International Privacy Knight Privacy Policy. You understand and agree that you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve our Services, including new services that we may provide in the future. In using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future, provided that they are incorporated into our Services which you use; and we may share Your Content with third parties that we work with to help provide, promote, develop and improve our Services, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to our Services). You also agree that we may need to disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our Services.

5.  Payments for Our Services

1)    Any free trial or free service provided by us should not be viewed as a waiver of our right to collect payments for our other or future services. We reserve the right to change our fee arrangement at any time. We will notify you of our new or updated fee arrangement seven (7) days in advance prior to it taking effect. Our fee arrangement may include terms governing payment, refund, tax, and billing. You agree to comply with such fee arrangement if you continue to use our Services.

2)    You understand that you may incur charges (including roaming) from a third party telecommunication provider in using some of our features such as voice. You are solely responsible for any third party charges you incur (including any charges from your Internet and telecommunication services providers) in relation to or arising from your use of our Services.

6.  Special Assignment of Rights

1)    If you fail to fulfill any obligation or commitment to any of Taobao’s affiliate companies in connection with any of their products and services (related or unrelated to our Services), Taobao has the right to suspend or terminate our Services to you without being liable to you. You understand and agree that Taobao does not need to obtain your consent or validate the facts with you prior to our taking such actions.

2)    If you breach any provisions of these Terms, Additional Rules and Policies, or any other agreements with Taobao, Taobao has the right to ask its affiliate companies to take actions against you, including but not limited to, suspending or terminating entire or part of the services offered to you by such affiliate(s) without being liable to you. 

7.  Third Party Services

1)    We do not guarantee the quality, reliability, or suitability of any third party services provided, made available or linked through our Services and we will bear no responsibility for such third party services. If you access third party services through our Services, you must comply with any terms and conditions applicable to those services.

2)    We may review (but make no commitment to review) content or third party services made available through our Services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our Services.

3)    There may be, from time to time, third party content and services on our Services that are subject to further terms, including terms from the relevant third party that originally produced such content and services. In such cases, you agree to comply with any such further terms and conditions as notified to you.

4)    We may use software supplied by third parties (including software, plug-ins, tools, codes, data and content within such software) for use in connection with, or incorporated within, our Services ("Third Party Software"), including your use of such Third Party Software. You understand and agree that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at your own risk. You must comply with any additional terms and conditions applicable to any such Third Party Software.

8.  Termination

1)    You understand and agree that we have the right, at any time, to suspend or terminate some or all of our Services, including our free services without the need to notify you in advance. These Terms will apply to your use of our Services until access to the relevant services is terminated by either you or us.

2)    We may suspend or terminate your access to your account or any or all of our Services:

(i) if we reasonably believe that you have breached these Terms;

 (ii) if we reasonably believe that you have failed to fulfill your duties and obligations you owe to any of our affiliates;

(iii) if your use of our Services creates risk for us or for other users of our Services, gives rise to a threat of potential third party claims against us which will be potentially damaging to our reputation;

(iv) if you fail to use our Services for a prolonged period; or

 (v) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.

3)    Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms. Where we suspend or terminate a service, or where your access to our Services is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.

9.  Intellectual Property

1)    You understand and agree that all intellectual property rights (including but not limited to copyright, trademarks, patent, trade secret) in or to our Services and software (including but not limited to words, photos, pictures, drawings, tables, colors, audio, video, layout designs, electronic files, and any future updates, upgrades and new versions) will continue to belong to us and our licensors.

2)    Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features associated with “Taobao”, “陶宝”, or “Privacy Knight” without our prior written consent.

3)    You understand and agree that we may use your name, trademark, or trade address in our marketing activities solely for the purpose to show that you are one of our customers or partners without the need to obtain your prior consent.

4)    Any comments or suggestions you may provide regarding our Services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

5)    Where our Services involve you downloading and using any software from us, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable license to use the software in order to use our Services in accordance with these Terms. Such license terms may be supplemented by terms and conditions applicable to the specific software from time to time.

6)    You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software if any of such acts is considered unlawful in your jurisdiction. Where applicable laws or regulations permit you to reverse compile or extract source codes from our software, you agree that you may not copy, modify, reverse compile, reverse engineer or extract source codes from our software without first obtaining our prior written consent.

7)    We may from time to time provide updates to our software. Such updates may occur automatically or manually. You understand that our Services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.

 

10.       Warranty and Disclaimer

1)  We warrant to you that we will provide our Services using reasonable care and skill. Apart from this warranty, to the extent permitted by applicable laws and regulation, all of our Services and software are provided on an “as is” and “as available” basis and neither us nor any of our affiliate companies make any representation or warranty or gives any undertaking in relation to our Services, our software or any content submitted, transmitted or displayed by our Services, including: (i) any representation, warranty of undertaking that our Services or software will be uninterrupted, secure or error-free or free from viruses; (ii) that our Services or software will be compatible with your device; or (iii) that our Services or software will be of merchantable quality, fit for a particular purpose of not infringe the intellectual property rights of any person. To the extent permitted by applicable laws and regulation, you waive any and all implied representations, warranties, and undertakings.

2)  To the extent permitted by applicable laws and regulations, the total aggregate liability of us and our affiliate companies for all claims in connection with these Terms, the Additional Rules and Policies, our Services or software, arising out of any circumstances, will be limited to the greater of the following amounts: (i) the amount that you have paid to us for your use of the specific service or software to which the claim relates in the six (6) months immediately preceding the date of the most recent claim; and (ii) USD 100.

3)  To the extent permitted by applicable law and regulations, in no event will we or any of our affiliate companies be liable in connection with these Terms, the Additional Rules and Policies, our Services or software for any damages caused by: (i) any natural disaster such as floods, earthquakes or epidemics; (ii) any social events such as wars, riots or government actions; (iii) any computer virus, Trojan horses or other damage caused by malware or hackers; (iv) any malfunction or failure of our or your software, system, hardware or connectivity; (v) improper or unauthorized use of our Services or software; (vi) your use of our Services or software in beach of these terms or the general end user control or predictability. Nor will we, to the extent permitted by applicable laws and regulations, be liable under any circumstances for any indirect, special, consequential exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data.

4)  Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations: any liability for death or personal injury; any liability for gross negligence or willful misconduct; or any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations. Notwithstanding any other provisions of these Terms, nothing in these terms limits or excludes any of your statutory rights in your jurisdiction (including any rights under applicable consumer protection regulation), to the extent these may not be excluded or waived under applicable laws and regulations.

5)  You agree that you (or your organization) indemnify us, our partners and our affiliate companies from and against any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorneys’ fees) and liability arising from: (i) your use of our Services or software; or (ii) your breach of these Terms or any of the Additional Rules and Policies.

11.       Notice

1)    Any notification or notice given by us concerning these Terms in connection with your use of our Services may be via emails, regular mails, or others. Such notification or notice will take effect and is deemed to be delivered to you on the date it is sent or released.

2)    You agree that you will give us notice related to our Services and/or these Terms via provided methods recognized by us.

12.       Dispute Resolution

1)    Any dispute, controversy, or claim arising out of or in connection with these Terms will be governed by the laws of the People’s Republic of China and the parties consent to the personal and exclusive jurisdiction of the People’s Court of Yuhang District, Hangzhou City of the PRC as the court of first instance.

2)    To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.

3)    No waiver of a breach of these Terms will constitute a waiver of any prior or subsequent breach of these Terms.

4)    We reserve the right to assign or transfer part or all of our interests, rights, and obligations under these Terms to one or more affiliate companies of ours. We will notify you should such transfer or assignment occurs.