NOX USER AGREEMENT
Updated July 01, 2015
We are committed to protecting your privacy while you use NOX APP PLAYER. The use of NOX APP PLAYER requires the collection and use of your Personal Information (defined below), and it is important for you to understand how your Personal Information is used. In using NOX APP PLAYER, you will be supplying us with your Personal Information.
By using NOX APP PLAYER, you agree that we (and our affiliate/subsidiary companies) will handle all Personal Information in accordance with this Privacy Policy, as revised from time to time. This Privacy Policy is incorporated into and forms part of the End User License Agreement that you have agreed to.
We regularly review this Privacy Policy and may from time to time revise or add specific instructions, policies and terms - such instructions, policies and terms form part of this Privacy Policy. Where any changes to this Privacy Policy are reasonably material to you, we will (where reasonably practicable) notify you. By continuing to use our services after any amendment to this Privacy Policy, you are agreeing to this Privacy Policy as revised, so please do check back periodically.
Please note that if you do not agree to make your Personal Information available to us as set out in this Privacy Policy, then NOX APP PLAYER may not be the right service for you and we may not be able to make it available to you. Where there is any inconsistency between the English and any other language versions of this Privacy Policy, the English version will prevail to the extent of such inconsistency.
If you have questions about or otherwise wish to contact us about this Privacy Policy, please contact us at [email protected] Duodian Online.
TYPES OF INFORMATION
'Personal Information' is information which personally and specifically identifies you, such as your name, telephone number, email address, profile biography and profile picture, as well as certain Location Data, Log Data and Public Information.
'Location Data' is information that we collect regarding your location, whether based on the location of your device when you use NOX APP PLAYER or based on account information indicating where you are permanently located.
'Log Data' is technical information that is automatically collected by us during your use of NOX APP PLAYER, such as your IP address, your application’s and device’s version and identification number, and Location Data. This may also include information regarding how you interact with any hyperlinks across our services, including through any profiles you visit, any email notifications that we send to you and via any of our buttons or widgets on third party websites.
“Public Information” is information that is shared publicly on NOX APP PLAYER (which could include your Personal Information). This includes postings that you make on NOX APP PLAYER (including any metadata associated with such postings), any messages that you send to other users publicly, any lists that you create, your profile.
HOW WE USE YOUR PERSONAL INFORMATION
We may use your Personal Information for any of the following purposes:
to provide NOX APP PLAYER to you;
for customer service, security, archival or backup purposes in connection with the provision of NOX APP PLAYER;
to better understand how you access and use NOX APP PLAYER, on an aggregated and individualized basis, for the purposes of improving NOX APP PLAYER and to respond to customer desires and preferences, including language and location customization, personalized help and instructions, or other responses to your and other customers’ usage of NOX APP PLAYER;
to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with the NOX APP PLAYER platform;
for the purposes of software verification or administering software upgrades; and to allow you to participate in surveys about our products and services.
In addition, we may use your Personal Information for the purpose of sending you messages (whether by email, SMS or other means) offering or advertising:
our goods and services and the goods and services of our affiliate and subsidiary companies and joint venture partners, including instant messaging services, online media services, interactive entertainment services, social networking services, payment services, internet search services, location and mapping services, on-line advertising services and other social media, entertainment, e-commerce, information and communications software and services (“Internet Services”); and third party providers of Internet Services and goods and services relating to dining, food and beverages, sports, music, film, television and other entertainment, clothing and accessories, jewellery, cosmetics, personal health and hygiene, electronics, home furnishings, and housewares, automobiles, transport and travel, banking, insurance and financial services, loyalty and reward programs and other goods and services that we think may be relevant to you.
We will honor your request to not use your Personal Information for all or any of the marketing purposes noted above. If you do not wish to receive offers or advertising from us or only wish to receive certain offers or advertising, please notify our Privacy Officer at Duodian [email protected].
SHARING OF YOUR PERSONAL INFORMATION
We may share your Personal Information with our affiliate and subsidiary companies, joint venture partners and third party service providers, contractors and agents, in each case, solely for the purpose of providing NOX APP PLAYER to you and for assisting us in carrying out the other purposes noted above. Such third parties may be located, and use your Personal Information, outside ofChina. We will not transfer your personal data to any other third parties except with your express prior consent.
As we continue to develop our business, we may be acquired by a third party or re-organize our group structure. In these circumstances it may be the case that your Personal Information is transferred to a third party who will continue to operate NOX APP PLAYER under either this Privacy Policy or a different privacy policy which will be notified to you. Such a third party may be located, and use your Personal Information, outside of China.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
We take reasonable steps to ensure that your Personal Information which we hold is accurate, complete and up to date.
You have the right to request to receive a copy of and make any corrections to your Personal Information which we hold. Please direct any such access request to our Privacy Officer at Duodian [email protected]. Please note that we may charge you a small fee for processing your request.
LEGAL REQUIREMENTS
You agree that we (or our affiliate/subsidiary companies) may be required to disclose your Personal Information in order to comply with applicable law or regulation, or in order to comply with a court order, subpoena or other legal process, or to comply with a request by a government authority, law enforcement agency or similar body (whether situated in China or elsewhere). You also agree that we (or our affiliate/subsidiary companies) may need to disclose your Personal Information in order to enforce the End User License Agreement, protect our rights, property or safety, or the rights, property or safety of our affiliate companies, employees or other users of NOX APP PLAYER.
SECURITY OF YOUR PERSONAL INFORMATION
We are committed to protecting the security of your Personal Information and we use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorized access or disclosure.
Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times. Our systems and the communications networks through which you access NOX APP PLAYER may be subject to security breaches and failures which are due to circumstances beyond our reasonable control.
If you have any questions about the security of your Personal Information, please contact us at Duodian [email protected].
RETENTION OF YOUR PERSONAL INFORMATION
We will only retain your Personal Information for so long as is necessary to fulfill the purposes as set out under “How We Use Your Personal Information” section above.
Please note that we may need to retain your Personal Information as required or permitted by applicable law or regulation, for the purpose of complying with applicable law or regulation or otherwise protecting our rights, property or safety, or the rights, property or safety of our affiliate companies, employees or other users of NOX APP PLAYER.
NOX APP PLAYER Software License and Service Agreement
Preamble and Introduction Thank you for using Duodian Online’s NOX APP PLAYER software and services! In order to use Duodian Online’s NOX APP PLAYER software and services (hereinafter “the Software”), you should be aware of and comply with the “NOX APP PLAYER Software License and Service Agreement” (hereinafter “this Agreement”), “Duodian Online’s Service Agreement” and “NOX APP PLAYER Account Rules”. Please carefully read in order to fully understand all of the terms and conditions, particularly those regarding waivers or restrictions of liabilities as well as standalone agreements for the availability or use of specific services and decide whether to accept such terms. Restrictions or waivers of liabilities may be indicated in bold type to call your attention. Unless you have read and indicated your acceptance to all of the terms and conditions contained in this Agreement, you have no right to download, install or use the Software and related services. Upon your downloading, installation, use, obtaining a NOX APP PLAYER account or logging in, you will be considered to have read and agreed to be bound by this Agreement. If you have not attained the age of 18 full years, please read this Agreement under the guidance of your legal guardian and pay special attention to the terms regarding use by minors.
1. Scope of this Agreement
1.1 Applicability
This is an agreement entered between you and Duodian Online regarding the downloading, installation, use and reproduction of the Software and use of the Services.
1.2 Relationship among Agreements and Order of Precedence
This Agreement is a supplement to Duodian Online’s Service Agreement and NOX APP PLAYER Account Rules and is an integral part of the above-mentioned agreement and rules. They altogether constitute the entire series of agreements regarding the use of the Software and Services. In case there is any conflict regarding terms and conditions of this Agreement, Duodian Online’s Service Agreement and/or NOX APP PLAYER Account Rules, the terms and conditions of this Agreement shall prevail. This Agreement also includes agreements and business rules relating to the Software and Services as may be published by Duodian Online from time to time. Upon publishing, such agreements and business rules will become the integral parts of this Agreement and shall therefore be complied with
2. Services
2.1 Contents of Services
The Services means services provided by Duodian Online to users through the Software.
2.2 Form of Services
You may use the Services on user terminals and webpages through computers, mobile phones or any other device, as may be made available by Duodian Online. Meanwhile, Duodian Online will continue to diversify the ways through which the Services are provided. Please choose a suitable and compatible version of the Software to your device or you may not be able to use the Services properly.
2.3 Grant of License
2.3.1 Duodian Online hereby grants you a personal, non-transferrable and non-exclusive license to use the Software. You may install, use, display and run the Software on a single terminal device for non-commercial purposes.
2.3.2 You may make a backup copy of the Software.. Such a backup copy shall bear all copyright information included in the original Software.
2.3.3 Duodian Online reserves any other rights which have not been expressly licensed under this Agreement. Prior Written approval of Duodian Online shall be obtained separately before you exercise any other rights reserved by Duodian Online. Non-exercise of the reserved rights by Duodian Online shall not be deemed as a waiver of such rights by Duodian Online.
3. Access to the Software
3.1 You may obtain the Software directly on Duodian Online’s website. Alternatively, you may obtain the Software from a third party authorized by Duodian Online.
3.2 If you obtain the Software or an installation program under the same name of the Software from an unauthorized third party , Duodian Online shall not guarantee the normal operability of the software and shall not be held liable for any losses thus incurred to you.
4. Installation and Uninstallation of Software
4.1 Duodian Online may develop different versions of the Software for different kinds of terminal devices. You should choose the suitable version to install in view of the actual situation.
4.2 After downloading the installation program, you have to carry out the installation properly by following the steps prompted by the program.
4.3 In order to provide services of even better quality and higher safety, Duodian Online may recommend you to install some other software when you install the Software. You can choose whether to install such other software.
4.4 If you do not need the Software any more or if you need to install a newer version of the Software, you may uninstall the Software by yourself. If you are willing to help Duodian Online to improve our products and services, please tell us the reason for uninstalling the Software.
5. Updating of Software
5.1 For the purpose of enhancing user's experience and improving our services, Duodian Online will continue to develop new services and make updates of the Software available to you from time to time. (Such updates may take the form of Software replacements, modifications, function enhancements and/or upgraded versions.)
5.2 The Software may set the automatic upgrading function open for you by default. You may choose whether to open this function by making the relevant settings on the Software.
5.3 In order to enhance user's experience and for the sake of service safety and the consistency of functions, Duodian Online has the right to make updates on the Software or modify or restrict certain functions of the Software without notice to you.
5.4 Older versions of the Software may become unusable after release of a newer version. As Duodian Online does not guarantee the continued usability of older versions of the Software or continued availability of customer services associated therewith, you are advised to check from time to time and download newer versions of the Software when available.
6. Protection for Personal Information of Users
6.1 Protection for personal information of users is one of the basic principles upheld by Duodian Online. The provisions in respect of personal information and data protection that are set out in the Privacy Policy as set out in Schedule 1 shall form part of this License and Service Agreement.
7. Code of Conduct of Users
7.1 Notice to Users
7.1.1 In order that better services can be provided to you, certain functions of the Services may enable access to some of your information by third parties.You should be aware of the potential risks faced by you for making the information referred herein open or for disclosing the information and you have to bear such risks solely by yourself.
7.1.2 In order to improve or optimize the relevant services, Duodian Online may use your nickname, portrait or your other operational information employed in using the Software and may also display such information to yourself and other users through Duodian Online’s services or third party’s services provided together with Duodian Online’s services.
7.1.3 When using a particular service included in the Services, you may have to enter into other agreements or consent to other rules separately. Therefore, you are advised to read such other agreements and rules carefully before using such services.
7.1.4 Duodian Online has the right to display various kinds of information in or through the Services, including but not limited to advertising, news and promotional information, and such information may appear as system messages or pop-up windows.
7.1.5 You may choose not to provide Duodian Online with any information of yours. You may also cancel your authorization of Duodian Online to collect any information by making the relevant product settings. However, Duodian Online shall not be held liable for the inoperability of the related functions of the Services due to your failure to provide Duodian Online with the necessary information.
7.1.6 You acknowledge and agree that Duodian Online will make its best commercially reasonable endeavors to protect the storage safety of your data in the Software and the Services. However, Duodian Online cannot provide full guarantee in this respect especially under following circumstances (including but without limitation):
(1) Duodian Online will not be responsible for any deletion of or failure to save your data in the Software and the Services; (2) Duodian Online has the discretion to decide the maximum length of time of storing your data in the Software and the Services and the maximum storage space available for your use in the server in view of the actual situation. You can make a backup copy of the Software and the Services by yourself in light of your own needs. In the event that Duodian Online and you have entered a separate agreement in this regard, such agreement shall prevail; (3) If you cease to use the Software or the Services or if your use of the Services is terminated or canceled, Duodian Online may delete your data from the server permanently. Duodian Online shall not have any obligation to return any of the data to you once your use of the Services is ceased, terminated or canceled.7.2 Prohibited Acts
You shall not use the Services to engage in acts including but not limited to the following:
(1) to publish, transmit, disseminate or store any contents which are against the laws and regulations or are detrimental to national security and unity, social stability, public order, social customs or social ethics or any humiliating, libelous, obscene or violent contents; (2) to publish, transmit, disseminate or store any contents which are defamatory or infringe others’ portrait rights, intellectual property rights, commercial secrets or any other lawful rights; (3) to commit any misleading or deceitful acts by fabricating facts or concealing the truth; (4) to publish, transmit or disseminate advertising messages or junk messages; or (5) to engage in any other acts against laws, regulations and government policies, public order, social customs or social ethics.7.3 Acts Prohibited of Users
Unless permitted by law or consented in writing by Duodian Online, you shall not engage any of the following acts:
(1) to delete any copyright statement from the Software or its copies; (2) to reverse-engineer, disassemble or decompile the Software or otherwise attempt to discover the source code of the Software; (3) to use, lease, lend, reproduce, modify, attach a link to, reprint, compile or publish the contents which Duodian Online owns intellectual property rights or to set up a mirror site of such contents; (4) to reproduce, modify or make additions or deletions to the Software, any data released to any terminal or exchanged between the customer terminal and the server in the course of running the Software or any system data necessary for the running of the Software, or to run or create any derivatives on the same, whether or not by accessing the Software and related systems by the use of a plug-in, add-on or third party tools or services not authorized by Duodian Online; (5) to make additions, deletions or modifications to the functions or operating effects of the Software by modifying or forging commands or data used in the running of the Software, or to run or disseminate softwares or methods with the above intentions, whether for commercial reasons for not; (6) to log in or use Duodian Online’s softwares or services through the use of third party softwares, plug-ins, add-ons or systems not developed or authorized by Duodian Online, or to prepare, distribute or disseminate the above tools; (7) to tamper with the Software or its components, modules or data whether by yourself or through others or by using a third party software; or (8) to commit any other acts not expressly authorized by Duodian Online.7.4 Be Responsible for Your Own Acts
You fully understand and agree that you will be solely responsible for all acts done with the NOX APP PLAYER account registered by you including everything publicized by you and any and all consequences arising therefrom. You shall judge all contents which you come across in using the Services by yourself and bear all risks associated with using such contents, including risks arising from your reliance on the correctness, integrity or practicability of the contents. Duodian Online cannot and will not bear any liability for any losses or damages which you may suffer from the above risks.
7.5 Liability for Breach
If Duodian Online discovers or receives any report of your breach of this Agreement, Duodian Online shall have the right to delete or block the relevant contents at any time without prior notice and take actions including but not limited to suspension or termination of your use of the relevant NOX APP PLAYER your use of part or all of the Services and taking of legal actions to pursue your legal liability.
7.6 Third Party Losses
If your breach of this Agreement leads to any third party losses, you shall bear the liability on your own; and you shall also indemnify Duodian Online against any losses arising from your breach of this Agreement.
8. Products or Services Provided by Third Parties
When you use a product or service provided by a third party on Duodian Online’s platform, you shall abide by the user agreement of the third party in addition to complying with this Agreement. Duodian Online and the third party shall bear their own responsibilities to the extent provided by law and the relevant agreement in case any dispute arises. When you use the Software or seek Duodian Online’s provision of specific services, the Software may direct you to the systems of third parties or require support from a third party for your use or access (including but without limitation, you may be directed by the Services to services or contents provided by a third party or a third party may provide access to services and contents through Duodian Online’s platform.) . In such event, the result of use or access will be provided by the third party and Duodian Online is not in a position to make any warranty on the safety, accuracy, validity or other potential risks of the services and contents provided by the third party. You shall bear the responsibility solely on your own in case any dispute or damage arises.