XnFun Privacy and Security Policy

The Company attaches great importance to the privacy of users. In order to protect your rights and interests. Please read the following privacy protection policy (hereinafter referred to as the "Privacy Policy") carefully. By using or continuing to use XnBay Technology's products or service (hereinafter referred to as "XnBay" or "our" service), you agree to our collection, use, storage and sharing of your information in accordance with the Privacy Policy. All headings in the Privacy Policy are for convenience of retrieval only.

Preface

The Privacy Policy applies to the personal information you provide to us when you use the web pages of XnBay products, the optional services provided by XnBay APP (XnFun), or other APPs that are integrated with or run with the XnBay APP (collectively, "APP"), the personal information you provide when you browse the website maintained by us or in connection with our APP (the "Site") (the APP and the Site are collectively referred to as the "Service"), and the personal information about you that is provided by users of the Service. The Policy applies to all visitors, users and others accessing the Service (hereinafter referred to as the "Users").

The Privacy Policy aims at addressing the following issues:

• The types of information we collect, the reason for collection, the way to collect them, the way to use them, the storage and sharing, and who has access to such personal information;
• What choices does an User of XnBay have when disclosing personal information, how to access, update, control, protect or delete his/her information
• Who should Users of the Service contact if they have questions about the Privacy Policy

To facilitate our commitment to respecting and protecting your privacy, we adhere to the fundamental principles detailed below and have hereby formulated the Privacy Policy in accordance with these principles:

• When collecting your personal information, we will notify you, clearly indicate the specific purpose of collecting your personal information, and ask for your consent to collect, use or disclose your personal information.
• We only collect information that is necessary to fulfill specific purposes.
• Unless with your consent or as required or permitted by laws, we may only use or disclose your personal information within the scope of the specific purpose for which we collected your personal information. We only store the information as necessary to fulfill such specific purpose.
• We will do our best to keep your personal information accurate, complete and up-to-date.
• We will protect your personal information with appropriate security measures.
• Our policies and actions for processing your personal information will be as transparent as possible.
• You can access and correct your personal information as appropriate.
• We will be accountable to you and welcome your feedback regarding our compliance with the above principles, the Privacy Policy, and applicable laws.

1. How we collect information
1.1 The information directly provided to us by you
1.1.1 Your username, passwords and email address when registering for an XnBay account.
1.1.2 Personal profile information provided by you (e.g. email address and nickname). Such information allows us to help you or other users be located on XnBay.
1.1.3 The user content (such as photos, album titles, name tags, comments and other information) you post on XnBay.
1.1.4 Communications between you and XnBay. For example, we may send you emails related to the Service (e.g., account verification, functional changes/updates to the Service, technical or security-related notices). Please note that you may not opt-out of receiving emails related to the Service.
1.1.5 You may also provide us with the email addresses of your contacts when sharing albums, photos or videos. We may also receive personal information (e.g., your email address) from other users. For example, when they try to share content with you or attempt to recommend XnBay to you.
1.2 Cookies and similar technologies
We use cookies and similar technologies, including local storage, for the following purposes:
1.2.1 Assist us in maintaining your use of the Service as you use it;
1.2.2 Improve security;
1.2.3 Memorize your browser and related information about your preferences;
1.2.4 Help us to understand the use of the Service by users and improve the Service quality; For example, we may use Google Analytics to assist us for such purpose. By continuing to use the Service, you agree to our use of cookies and similar technologies in accordance with the Privacy Policy. Please note that most browsers allow you to choose whether to use cookies. However, if you clear cookies or restrict the functioning of cookies, you may not be able to use some or all of the functions, which would affect your overall user experience.
1.3 Record files information
When you use XnBay Service or browse our website, we may obtain and save certain electronic identification and log data from your mobile device or personal computer, such as: type of operating system, IP address, browser information, including type and language settings, device ID or mobile app ID.
When using the XnBay Service, our server automatically records your interaction with the Service, the domain name, the linked page, the page viewed, and other such kinds of information. We may also collect similar data from emails sent to users to help us track which emails recipients open or which links they click. Such information enables more accurate reporting and improvement of the Service.
1.4 Device ID
When you use a mobile device such as a tablet or mobile phone to access our Service, we may access, collect, monitor, store, and/or remotely store one or more "Device IDs" on your device ". Device IDs are small data files or similar data structures that are stored on or associated with your mobile device for clearly identifying your mobile device. The data of the device ID may be stored on the hardware of the device in a related manner, stored in the operating system or other software in a related manner, or transmitted to the device by XnBay.
1.5 Metadata Metadata usually refers to technical data related to user content. For example, metadata can describe how a specific user content is collected, the collection time, who collects it, and the format of such content.
1.5.1 Users may add metadata to user content, including hashtags (such as marking keywords when posting photos), location tags (such as marking the location of photos), name tags (such as marking avatar names), album titles, comments or other information. This can allow your user content easier to be found and more interactive.
1.5.2 If you add a location tag to a photo or use other’s API to tag a photo, your location's latitude and longitude coordinates will be stored along with such photo.
1.6 Contact information for customer support
In some cases, you may wish to contact us for customer support services. If you contact us through our contact form or otherwise, we may obtain and store any information you choose to provide, including contact information such as your name, email account and phone number, and the type of device and operating system for your mobile device or personal computer. We will use such information to process and investigate issues you have forwarded to us to provide you with support and improve our customer support services.

Definitions --- "User Generated Content"
1.7 Your personal data (i.e. nicknames, personal photos and phrases displayed in nicknames), texts and audio information, photos, videos, geolocation information, or the contact information of your XnBay friends, and the content shared with other users, which you generate from your use.
1.7.1 When you create certain information, you may choose the scope of the "User Generated Content" you want to share and with whom by setting the recipients in your "User Generated Content" and/or in the XnBay APP.


2. How we use your information
In order to provide Service, as a data controller or joint controller, XnBay will use your information for the following purposes:
2.1 For providing Service to you via mobile phone or PC, and you may send your "User Generated Content" to other XnBay users;
2.2 For verifying your identity;
2.3 For memorizing the data so that you don't have to re-enter it during your access or next time you access the XnBay Service;
2.4 For allowing you to use your XnBay account on a variety of terminal devices, or transferring your XnBay account to other terminal devices;
2.5 For helping you to find other XnBay users you know and keeping them in touch using XnBay, and also allowing other XnBay users to get in touch with you if you so request;
2.6 For enabling you to synchronize other APPs provided by XnBay, XnBay affiliates and XnBay business partners to your account, and to share information among the multiple APPs you use;
2.7 For providing, improving, testing and monitoring the effectiveness of our Service;
2.8 For discovering and stopping unauthorized use of XnBay Service, improper access to Service or abuse of XnBay Service;
2.9 For improving the standard of our Service and/or optimizing the quality of our Service;
2.10 For providing you with information related to XnBay Service;
2.11 For developing and testing new products and features/functions;
2.12 For accumulating anonymous statistical data related to the Service;
2.13 For monitoring metrics such as total visitors, traffic flows, and App activities distribution;
2.14 For diagnosing or correcting technical problems;
2.15 For ensuring customer support is provided to respond to your queries or claims in a timely and effective manner;
2.16 For conducting customer satisfaction surveys;
2.17 For updating XnBay APP on your device;
2.18 For notifying users of other important information related to XnBay Service when necessary.
2.19 XnBay or other users may host contests, special offers or other events through XnBay ("Events")
2.19.1 If you choose to participate in any Events, we may ask you to provide your contact details (such as name, mailing address, phone number, email account, gender and date of birth) for Event management such as confirming eligibility for participation, which enables you to fill out survey questionnaires and the delivery of prizes to you.
2.19.2 If you do not wish to participate in the Event, you shall use specific metadata associated with such Event (i.e. hashtags or location tags)


3. Sharing of your information
We will not lease or sell your information to any third parties outside of XnBay (or a group of companies to which XnBay affiliates) without your consent, except as specified in the Policy.
3.1 With whom we may share your information
3.1.1 We may share user content and your information (including but not limited to information from cookies, record files, device ID, location data and usage data) to legal companies of the group that XnBay affiliates to (hereinafter referred to as "affiliates"). Affiliates may use such information to assist in providing, understanding and improving the Service (including by providing analytics) and the affiliates’ own services (including providing you with a better and more relevant experience). However, these affiliates shall respect your right to decide who may view your photos.
3.1.2 We may also provide your information and information obtained by tools such as cookies, record files, device ID and location data to the third-party organizations (hereinafter referred to as "service providers") who assist us in providing Service to you. Our service providers will be permitted to access your information to provide Service when reasonably necessary and subject to reasonable confidentiality terms.
3.1.3 We will remove the parts of the data that can identify you and only share the anonymous data with other partners. We may also combine your data with other information so that the information would no longer be relevant to you, and then share such combined information.
3.2 You can choose whom to share your user content with:
3.2.1 Any material or content you voluntarily post to the Service (such as user content) will be made available to the general public in accordance with the privacy settings you set. To change your privacy settings on the Service. Please change your profile settings. Once you share or make your user content public, anyone can share the content.
3.2.2 Depending on your profile and privacy settings, any user content you make public can be searched by other users.
3.2.3 Please keep in mind that "User Generated Content" that you share with others, by its digital nature, can be copied, stored or distributed by the recipient, and viewed by other unexpected recipients. We hope you pay close attention to such reminder when you create and share your information or content.
3.3 If you remove the materials posted using the XnBay Service, a copy may still be available on the cached or archived pages of the XnBay Service. Such data may also have been copied or stored by other users or third-party Apps using the XnBay API. We may share your information with third-party Apps with your consent, such as when you choose to access our Service through such Apps. We are not responsible for how such third-party Apps process your information, so you shall ensure that you trust the Apps and that it has a privacy policy that is acceptable to you.
3.4 For legal and governmental reasons: We may access, retain and share your information in response to legal requests (such as warrants, court orders or subpoenas) if we have any good reason to believe that the laws require us to do so . We may also access, retain and share your information when we have any good reason to believe that it is necessary to so, which includes detecting, preventing and resolving fraud and other illegal activities to protect the safety of us, you, and others, such as cooperating with the investigation activities of government agencies; avoiding causing death or imminent severe physical injury. Your information we collect may be accessed and processed for an extended period of time as required by laws or due to obligations, government investigations, or investigations regarding possible violations of our terms or policies, or to avoid any potential harm.


4. How we store your information
4.1 Your information collected through the Service may be stored and processed in any other country where the relevant enterprises and service providers establish their own facilities. In order to provide a safe and reliable Service, XnBay's information processing and storage will be performed on secure servers, which may be located in other countries around the world. By continuing to use our Service, you agree that your information may be transmitted across borders, and that XnBay may process and store your information in a country other than the country where your information is submitted.
4.2 As no electronic transmission or data storage method is invulnerable, we cannot guarantee that your information is 100% secure from attack during transmission or storage in any system.
4.3 Please do your part properly to assist us. It is your responsibility to protect your own passwords and account information from being leaked at all times and control the access to emails between you and XnBay. Privacy settings may also be affected when changes are made to the social media services you connect to XnBay. We are not responsible for the functionality, privacy or security measures of any other organization.


5. Rights of choices regarding your personal data
5.1 You may directly check, correct, hide or delete your personal information through your XnBay APP. In addition, if we hold your personal information, you can make a written request in a statutory manner to check, correct, hide or delete any of such personal information we hold, which cannot be directly confirmed in the XnBay APP. Once your identity has been verified, we will respond to your request within a reasonable period of time in accordance with relevant legal requirements. If you wish to check, correct, hide or delete your personal information. Please contact us through our service mailbox or by phone calls.
5.2 After the termination or deactivation of your account, XnBay, its affiliates, or service providers will keep the information (including your personal file data) and user content for a period of time that is most commercially beneficial for backup, archive, and/or for audit.
5.3 We will continue to retain your personal information after your account is closed if reasonably necessary for the following purposes:
5.3.1 For complying with applicable laws and regulations or performing legal obligations;
5.3.2 For providing and completing customer support services;
5.3.3 For resolving disputes between XnBay users or between the Company and users;
5.3.4 For detecting or deterring unauthorized use, improper use or abuse of the Service.


6. Other sites and services
We are not responsible for the practices of any sites or services linked to the Service, including the information and content they contain. Please note that when you use links from the Service to other sites or services, our Privacy Policy does not apply to those third-party sites or services. Your browsing and interaction with any third-party sites or services (including those linked to our Site) shall be governed by the rules and policies established by such third party. In addition, you agree that we are not responsible for and have no control over any third parties you authorize to access your user content. If you use any third-party sites or services and grant them access to your user content, you are doing so at your own risk.


7. Disclaimers
7.1 XnBay APP provides photo identification and classification and photo-related technical services, and does not assume legal responsibility for the ownership or content of all photos using XnBay products and/or services.
7.2 XnBay shall not be liable for any interruptions or other defects of XnBay products and/or services caused by any factors of force majeure, but will try to do its best to mitigate the losses and impacts caused to users.


8. Our contact information
If you have any questions about the Privacy Policy or the Service. Please contact us by the appropriate support channel in the User Help Center.


9. Changes to the Privacy Policy
XnBay may amend or update the Privacy Policy from time to time, so please review the policy regularly. We may provide additional notices of amendments or updates as appropriate. By continuing to use XnBay after the amendment of the Privacy Policy, you will be deemed to have accepted the amended content.

End of the Texts

The Privacy Policy was last updated on December 3, 2018




XnFun Terms of Use

Special Reminder: Before you (hereinafter referred to as the "User") begin to read and decide whether to accept the Terms of Use (hereinafter referred to as the "Terms"), the Company hereby reminds you to pay additional attention to the Articles 2, 4, 7, 8, 10, and 11 and the attachment regarding the personal privacy and security policy statement. All headings in the Terms are for convenience of retrieval only.

Preface

Welcome to XnFun's products and services (hereinafter referred to as the "Service").

Service aims to provide users with the service of backing up mobile phone photos, videos, music and files, and sharing them with each other at the original highest resolution.

By accessing or using the Service, regardless of the method of access, the User agrees to be bound by the Terms. The Terms affect your legal rights and obligations. If you do not wish to be bound by the Terms in their entirety. Please do not access or use the Service.


1. Definitions
The Terms use the following terms:
1.1 "Content" refers to the contents such as texts, voice, music, pictures, videos, software, programs, codes and other information.
1.2 "The Content" refers to the contents that can be linked through the Service.
1.3 "Submission Content" refers to the contents that users share, create and upload to the Service.
1.4 "XnFun Content" refers to the contents contained in the Service that is owned or authorized by the Company. XnFun Content is protected by laws of copyright, trademark, patent, trade secret and other relevant laws and regulations. The Company owns and retains all rights in the XnFun Content and the Service between the User and the Company.
1.5 "Separate Terms of Use" refer to the writings distributed or published by the Company under the titles as terms, guidelines, policies, etc., in relation to the Service and different from the Terms.
1.6 "User" refers to an individual user or any user on behalf of a business operator who chooses to accept all the terms and conditions after carefully reading the Terms.


2. Expression of consent to the Terms
2.1 The User shall use the Service in accordance with the provisions of the Terms. The use of the Service is not permitted unless the User has validly and irrevocably agreed to the Terms.
2.2 If the User is a minor or under guardianship, he/she shall obtain the consent of the legal representative before using the Service. In addition, if the User is using the Service for any business operator, he/she shall be properly authorized and agree to the Terms on behalf of such business operator before using the Service.
2.3 Once the User actually uses the Service, it shall be deemed that the User has effectively and irrevocably agreed to the Terms.
2.4 Due to the variety of the Service, some of them may have individual terms of use or product regulations (including age restrictions). The individual terms of use will be provided together with the relevant "Service"; when you use such "Service", in addition to these Terms, the User shall also use the Service in accordance with the individual terms of use.
2.5 Some parts of the "Service" allow you to upload, submit, save, transmit or receive content; you will reserve your intellectual property rights in the relevant content. In short, what belongs to you is still yours.
2.6 When you upload, submit, save or transmit content to the "Service", or receive content on the "Service", or perform the above operations through the "Service", it means that you grant the Company (and our affiliates) the general license to use, host, save, reproduce, modify, create derivative works (such as identifying, adapting or changing your content to make it more compatible with our "Service"), disseminate, publish, publicly operate, publicly display and distribute such content. The rights you grant under such license are limited to operating, promoting and improving the "Service", as well as developing new services.


3. Amendment of the Terms
When deemed as necessary by the Company, it may amend these Terms and individual terms of use without prior notice to the User. The amend Terms and individual terms of use will take effect when being posted at the appropriate place on the XnBay Technology official site. If the User continues to use the Service after these Terms and individual terms of use are amended, it will be deemed that the User has effectively and irrevocably agreed to accept the amended Terms and the applicable individual terms of use. Because the Company will not individually notify each User the relevant amendment, the User is requested to refer to the latest version of these Terms and the applicable individual terms of use at any time when using the Service.


4. Restrictions on Use
The User is not allowed to engage in the following activities when using the Service:
4.1 Posting, submitting or transmitting content through the Service that is excessively violent, sexually suggestive, sexually explicit, related to race, nationality, belief, gender, social status, family background and other related discrimination, induces or promotes suicide, self-harm behaviors or manifestations of substance abuse, other repulsive manifestations, including anti-social elements.
4.2 Acts that may endanger public order or good morals.
4.3 Use the Service to slander, stalk, coerce, abuse, harass, threaten, impersonate, intimidate other persons or institutions, or post private or confidential information through the Service, including but not limited to your or others’ credit card information, social security or other national identification numbers, private phone numbers or email addresses.
4.4 Improper collection, disclosure or provision of personal data, registration data, usage record data of others.
4.5 Use the Service to engage in any illegal or unauthorized activities. Including but not limited to acts for the purpose of marketing, publicity, advertising, solicitation or other profit-making (except with the consent of the Company), acts for the purpose of sexual or obscene behaviors, acts for the purpose of harassing or slandering other users, and other acts of using the Service for the purpose other than that of use specified in the Service.
4.6 Alter, modify, adapt or change the Service or other websites which would cause the misunderstanding that the website is related to the Service or the Company. Or pretend to be the staff of the Company or any third party or intentionally spread false information.
4.7 Acts of sending the commercial or harassment messages of the same formats (also known as "spam messages") to an unspecified majority of Users (except with the consent of the Company), or randomly adding other Users as friends, and randomly posting messages in groups.
4.8 Interfere with or affect the Service or the servers and networks connected to the Service, including transmitting any computer worms, viruses, spyware, malware and other destructive or disruptive codes. Insert contents or codes, alter or interfere with the way the Service is rendered or displayed on the User’s browser or device.
4.9 Use cheating kits or other technical means to operate the Service improperly, or the intentional use of loopholes in the Service, repeat the same question(s) beyond the tolerable level to make improper inquiries or requests to the Company, or other acts that hinder the Company’s operation of the Service or the use of the Service of other Users, and generation of interference.
4.10 Create the account on the Service by unauthorized means, including but not limited to the use of automatic devices, scripts, automated programs, spider programs, cataloging programs or retrieval programs.
4.11 Attempt to prevent other Users from using or enjoying the Service, or encourage or provide a way to violate these Terms or other "Individual Terms of Use".
4.12 Access any content of the Service by automated means of cataloging, retrieving, caching, etc., including but not limited to user profiles and photos (unless it is explicitly agreed by the Company or results retrieved by the search engine using standard search engine protocols or techniques).
4.13 Acts that violate legal provisions, decrees, court judgments, rulings or orders or legally binding administrative measures.
4.14 Remove, alter or hide any copyright, trademark, service mark or other proprietary notices that contain or accompany the XnFun content; or reproduce, modify, adapt, create derivative works, perform, display, publish, distribute, transmit, broadcast, sell, license, or engage in other exploitative practices.


5. User's Responsibilities
5.1 When using the Service, if the User has any relevant information about the registered user, he/she shall provide true, correct and complete information. You agree to update the information as necessary to maintain its truthfulness and accuracy.
5.2 You are responsible for any activity that occurs through your account, and the account of the Service shall be exclusive to the individual user. All the User’s rights to use the Service shall not be assigned to, lent to or inherited by any third party. Unless you are expressly authorized to create an account on behalf of an employee or business owner, you are prohibited from creating an account for anyone other than yourself when using the Service, and you shall explicitly agree not to do so.
5.3 When using the Service, the User shall be responsible for protecting the confidentiality and security of his/her passwords to avoid improper use. All actions using the password shall be regarded as the actions of the User.
5.4 You agree to abide by all laws and regulations applicable to the use of the Service and your submissions, including but not limited to Copyright Act.
5.5 You shall be solely responsible for all your actions and results on the Service, including but not limited to your interactions with other Users of the Service (regardless of online or offline) and all of your submissions.
5.6 You may not use "XnFun" or the website address in your user name without the Company's prior written consent.
5.7 For the use of the Service, the User shall prepare necessary personal computers, mobile phones, communication equipment, operating systems, communication methods and electricity, etc. at his/her own expense, and shall pay for all data transmission fees arising from the use of the Service.


6. Rights Reserved by the Company
6.1 In the event that the User violates these Terms of Use, or has the potential violation, or otherwise causes harm or possible legal risk to the Company, the Company may, at its sole discretion, terminate the User’s account for using the Service, or cease to provide partial or all of the Service. The Company may do so without further notice and will have no liabilities to the User. However, it does not indicate that the Company is obliged to prevent or correct such violations.
6.2 The Company reserves the right to modify or terminate the Service at any time for any reason, or to refuse to allow anyone, including but not limited to Users of the service, to access the Service. The Company reserves the right to forcibly confiscate any user name for any reason.
6.3 The name and logo of XnFun are trademarks of the Company and may not be copied, imitated or used in part or in whole without the Company’s prior written consent. This does not apply to those who comply with our brand guidelines. In addition, all web page titles, custom images, button icons, scripts are service marks, trademarks and/or XnFun's trademark images may not be copied, imitated or used (including reproductions) in whole or in part without the prior written consent of the Company (including remake, transmission, reproduction, and modification).
6.4 We will continue to amend and improve the “Service”. We may add or remove functions or features, and we may suspend or discontinue any specific item of the “Service” entirely.


7. Disclaimers and Limit of Liabilities
7.1 The Service is provided to you on an "as is" and "potentially defective" basis, and you shall bear all risks in terms of quality and performance of the Service. The Company expressly states that it does not provide any express, implied or regulatory guarantee for the Service, including but not limited to implied or regulatory guarantees of its security, reliability, correctness, completeness, effectiveness, and applicability to any specific purpose, and free from any error or program error, and no infringement of any intellectual property rights. This indicates that the Company will not promise you that the Service is completely free of problems, and has no obligation to provide the Service to users by removing all such defects.
7.2 Although the Company provides the User’s Code of Conduct in these Terms, it does not bear any liabilities of indemnity for the content of the submissions, and specifically any loss or damage (whether actual, derivative, punitive or any other cause and nature) injury, claim, or complaint caused to any person or entity, and the Company shall be exempted from all compensation generated by equity laws.
7.3 Even if the Company has been informed of the possibility of such damages, the Company’s total liability arising from the Service shall not exceed the usage fee amount it collects from the Users in the month in which the damage occurred.
7.4 However, some jurisdictions allow no exclusion of certain guarantees, nor the limitation or exclusion of liabilities for certain losses. Therefore, some of the above disclaimers and limitations of liabilities may not apply to you. Under applicable laws and regulations, if the Company does not disclaim any implied warranties or limit its liabilities, the scope of the Company’s liabilities during and duration of such guarantees shall be limited to the minimum amount permitted by such applicable laws and regulations.


8. Authorization by User
8.1 The Service may have functions that most Users can edit such as submission, modification, and deletion, etc. In these cases, the User agrees that other users may edit the contents it submits.
8.2 The User shall ensure that he/she owns all rights to the content of the submissions or has obtained all the necessary rights in the content of such submission. The User can grant the relevant rights of the content of such submission the Company. The User hereby grants the Company a non-exclusive, paid-up, royalty-free, transferable, and sublicensable worldwide license that entitles the Company to in any manner or purposes it deems appropriate (including but not limited to commercial use) use, distribute, reproduce, modify, adjust, publish, translate, publicly perform, and publicly display the content submitted by the User in accordance with the Privacy Policy of the Service, or grants the Company the right to display advertisements related to user-submitted content, and use the content submitted by the User for advertising or promotional purposes.


9. Usage
9.1 The Company does not own any content submitted by Users. The Company grants the User the right to use the content provided by the Company, which is not transferable or sublicensable, and is non-exclusive and is for the sole purpose of using the Service.
9.2 Once the account is terminated, all licenses and other rights granted to you by the Terms of Use will cease immediately. Please note that the original account cannot be restored even if the User accidentally deletes such account.
9.3 Some links or messages you receive may come from the Service, and these links may lead to third-party websites or features. In addition, some links to third-party websites or features may exist on the Service in the form of images or comments. The Service also contains third-party contents that we cannot control, maintain or endorse. Features of the Service may also allow the Service to interact with third-party websites or features, including applications that link the Service or your profile on the Service to such third-party websites or features. For example, the Service may have a feature that enables you to share content posted on the Service, or content that you have posted at the third party, which you may publicly post on that third party’s service or application. When using these features, generally, you will be asked to log in to your account on the third-party service, and you shall do so at your own risk. The Company has no control over these third-party web services or any of their content. You expressly acknowledge and agree that the Company has no liabilities or obligations to indemnify against any such third-party services or features. Your communications and business transactions through the Service shall be solely effective between you and the third party concerned. You may choose to use applications (referred to as "Apps") that link the Service or your personal profile on the Service with third-party services at your own and absolute discretion and at your own risk. Such Apps may interact with, link to, or collect and/or extract information from, or transmit information to, your profile on the Service. By using such Apps, you acknowledge and agree to the following:
(i) If you share data using the Apps, you agree to the sharing of your personal profile data on the Service;
(ii) Your use of the Apps may result in the disclosure of personally identifiable information and/or the establishment of relevance with you, despite the Service or the Company itself does not provide such information;
(iii) The use of the Apps shall be of your own choice and you shall do so at your own risk and ensure that activities related to the Apps will be free from any damage to the Company.
9.4 The content removed from the Service may continue to be stored by the Company for reasons including but not limited to compliance with certain legal obligations, and may require a valid court order to remove such content. However, the Company provides no backup service, and you agree not to rely on the Service for content backup or storage.
9.5 It is the Company’s policy not to accept or consider content other than those expressly stated by us, and which may be subject to certain terms and conditions. This is to avoid any misunderstanding that your idea is identical to another idea we have developed or independently developed. Therefore, the Company does not accept information or ideas proactively provided and is not responsible for any such information or ideas. If, in disregard of our policies, you decide to use the Service to transmit content, materials, ideas, suggestions or other materials to us, you further agree that the Company may use such content, materials, ideas, suggestions or other materials at will for various purposes, including but not limited to developing and marketing products and services, without any providing any compensation or expense to you.


10. Indemnity
You (and any third party for whom you operate accounts or activities on the Service) agree and warrant to indemnify and hold the Company harmless against any liabilities of any damages, losses, and expenses, including but not limited to reasonable attorneys’ fees and expenses, arising out of any claims due to your use of the Service (including, but not limited to, your direct activities on the Service, or by your agent). You agree to cooperate fully with the Company's requirements in the defense against any of such claims. The Company reserves the exclusive right to deal with the indemnity caused by you, and without the Company’s prior written consent, you shall not settle with the other party to any claim.


11. Governing laws and jurisdiction of disputes
11.1 The Chinese version of the Terms shall prevail, and the governing laws shall be the laws of the Republic of China. These applicable laws may be amended from time to time. Therefore, if the amendment in such applicable laws results in an increase or decrease in the rights and interests of Users and/or the Company under these Terms, it does not constitute a basis for the natural invalidity or termination of enforceability of all or a provision of these Terms, unless such applicable laws as amended is a mandatory provision of effect.
11.2 For any dispute between the User and the Company arising from or related to the Service, subject to that the applicable laws and policies allow the jurisdiction where the Company is located to be the sole or one of the governing jurisdictions, the User agrees to the exclusive jurisdiction of the local court of the jurisdiction where the Company is located. At the same time, when the Company intends to bring a dispute related to the Service against the User or other third parties, the Company shall be entitled to choose the local court with jurisdiction where the Company is located to have exclusive jurisdiction over such dispute.


12. Miscellaneous
12.1 Advertising: The Company may publish advertisements of the Company or any third party on the Service without obtaining the User’s consent or notifying the User.
12.2 Business partners services: This Service may include services or content provided by other business partners of the Company. The responsibilities for such services or contents shall be borne by the business operators providing the services or contents. The Company is not responsible for the services provided by the above-mentioned business partners. In addition, the terms of use and other conditions specified by the provider of the services or contents may apply to such services or contents.
12.3 Contact Information
(i) The Company will notify the User of matters related to the Service by posting it in an appropriate place on the XnBay Technology official site or in other ways that the Company deems appropriate.
(ii) The User shall contact the Company about matters related to the Service by sending it via the problem report form set up in the appropriate place on the XnBay Technology official site or in any other ways designated by the Company.

End of the Texts

Last updated on December 3, 2018