Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement,"
"Terms," or "SRR") is our terms of service that governs our
relationship with users. By using or accessing the WaWaYaYa products or WaWaYaYa3.0
account, you agree to this Statement. Because WaWaYaYa products provides a wide
range of Services, we
may ask you to review and accept supplemental terms that apply to your interaction
with a specific app, product, or service. To the extent those supplemental
terms conflict with this SRR, the supplemental terms associated with the app,
product, or service govern with respect to your use of such app, product or
service to the extent of the conflict.
1. Privacy
Your privacy is very important to us. We designed our
Personal Information Protection Policy to make important disclosures about how
you can use WaWaYaYa products to share with others and how we collect and can
use your content and information. We encourage you to read the Personal
Information Protection Policy, and to use it to help you make informed
decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on
WaWaYaYa products and you can control how it is shared through your settings.
In addition:
1. For content that is covered by intellectual
property rights, like photos and videos (IP content), you specifically give us
the following permission, subject to your settings: you grant us a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to
use any IP content that you post on or in connection with WaWaYaYa products (IP
License). This IP License ends when you delete your IP content or your account unless
your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted
in a manner similar to emptying the recycle bin on a computer. However, you
understand that removed content may persist in backup copies for a reasonable
period of time (but will not be available to others).
3. When you use an application, the
application may ask for your permission to access your content and information
as well as content and information that others have shared with you. We require
applications to respect your privacy, and your agreement with that application
will control how the application can use, store, and transfer that content and
information.
4. When you publish content or information
using the Public setting, it means that you are allowing everyone, including
people off of WaWaYaYa products, to access and use that information, and to
associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other
suggestions about WaWaYaYa products, but you understand that we may use your
feedback or suggestions without any obligation to compensate you for them (just
as you have no obligation to offer them).
3. Safety
We do our best to keep WaWaYaYa products and WaWaYaYa3.0
account safe, but we cannot guarantee it. We need your help to keep products
and account safe, which includes the following commitments by you:
1. You will not post unauthorized commercial
communications (such as spam) on WaWaYaYa3.0 account.
2. You will not collect users' content or information,
or otherwise access WaWaYaYa products, using automated means (such as
harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level
marketing, such as a pyramid scheme, on WaWaYaYa products.
4. You will not upload viruses or other
malicious code.
5. You will not solicit login information or
access an account belonging to someone else.
6. You will not bully, intimidate, or harass
any user.
7. You will not post content that: is hate
speech, threatening, or pornographic; incites violence; or contains nudity or
graphic or gratuitous violence.
8. You will not develop or operate a
third-party application containing alcohol-related, dating or other mature
content (including advertisements) without appropriate age-based restrictions.
9. You will not use WaWaYaYa products to do
anything unlawful, misleading, malicious, or discriminatory.
10.You will not do anything that could
disable, overburden, or impair the proper working or appearance of WaWaYaYa
products, such as a denial of service attack or interference with page
rendering or other WaWaYaYa products functionality.
11.You will not facilitate or encourage any
violations of this Statement or our policies.
4. Registration and Account Security
WaWaYaYa3.0 account users provide their real names and
information, and we need your help to keep it that way. Here are some
commitments you make to us relating to registering and maintaining the security
of your account:
1. You will not provide any false personal
information on WaWaYaYa products, or create an account for anyone other than
yourself without permission.
2. You will not create more than one personal
account.
3. If we disable your account, you will not
create another one without our permission.
4. You will not use WaWaYaYa products if you
are a convicted sex offender.
5. You will keep your contact information
accurate and up-to-date.
6. You will not share your password (or in the
case of developers, your secret key), let anyone else access your account, or
do anything else that might jeopardize the security of your account.
7. You will not transfer your account
(including any Page or application you administer) to anyone without first
getting our written permission.
8. If you select a username or similar
identifier for your account or Page, we reserve the right to remove or reclaim
it if we believe it is appropriate (such as when a trademark owner complains
about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do
the same.
1. You will not post content or take any
action on WaWaYaYa products that infringes or violates someone else's rights or
otherwise violates the law.
2. We can remove any content or information
you post on WaWaYaYa products if we believe that it violates this Statement or
our policies.
3. If we remove your content for infringing
someone else's copyright, and you believe we removed it by mistake, we will
provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's
intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or
Trademarks or any confusingly similar marks, except as expressly permitted by
our Brand Usage Guidelines or with our prior written permission.
6. If you collect information from users, you
will: obtain their consent, make it clear you (and not WaWaYaYa products) are
the one collecting their information, and post a privacy policy explaining what
information you collect and how you will use it.
7. You will not post anyone's identification
documents or sensitive financial information on WaWaYaYa products.
6. Mobile and Other Devices
1. We currently provide our mobile services
for free, but please be aware that your carrier's normal rates and fees, such
as text messaging and data charges, will still apply.
2. You provide consent and all rights
necessary to enable users to sync (including through an application) their
devices with any information that is visible to them on WaWaYaYa products.
7. About Advertisements and Other Commercial
Content Served or Enhanced by WaWaYaYa products
Our goal is to deliver advertising and other commercial
or sponsored content that is valuable to our users and advertisers. In order to
help us do that, you agree to the following:
1. You give us permission to use your name,
profile picture, content, and information in connection with commercial,
sponsored, or related content (such as a brand you like) served or enhanced by
us. This means, for example, that you permit a business or other entity to pay
us to display your name and/or profile picture with your content or
information, without any compensation to you. If you have selected a specific
audience for your content or information, we will respect your choice when we
use it.
2. We do not give your content or information
to advertisers without your consent.
3. You understand that we may not always
identify paid services and communications as such.
8. Special Provisions Applicable to Software
1. If you download or use our software, such
as a stand-alone software product, an app, or a browser plugin, you agree that
from time to time, the software may download and install upgrades, updates and
additional features from us in order to improve, enhance, and further develop
the software.
2. You will not modify, create derivative
works of, decompile, or otherwise attempt to extract source code from us,
unless you are expressly permitted to do so under an open source license, or we
give you express written permission.
9. Amendments
1. We’ll notify you before we make changes to these terms and give you the
opportunity to review and comment on the revised terms before continuing to use
our Services.
2. If we make changes to policies, guidelines
or other terms referenced in or incorporated by this Statement, we may provide
notice on WaWaYaYa products.
3. Your continued use of the WaWaYaYa products
Services, following notice of the changes to our terms, policies or guidelines,
constitutes your acceptance of our amended terms, policies or guidelines.
10.Termination
If you violate the letter or spirit of this Statement, or
otherwise create risk or possible legal exposure for us, we can stop providing
all or part of WaWaYaYa3.0 account service to you. We will notify you by email
or at the next time you attempt to access your account. You may also delete
your account or disable your application at any time.
11.Disputes
1. You will resolve any claim, cause of action
or dispute (claim) you have with us arising out of or relating to this
Statement or WaWaYaYa products exclusively in the Court located in China,
Beijing Haidian District, and you agree to submit to the personal jurisdiction
of such courts for the purpose of litigating all such claims. The laws of the
State of China will govern this Statement, as well as any claim that might
arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against us related
to your actions, content or information on WaWaYaYa products, you will
indemnify and hold us harmless from and against all damages, losses, and
expenses of any kind (including reasonable legal fees and costs) related to
such claim. Although we provide rules for user conduct, we do not control or
direct users' actions on WaWaYaYa products and are not responsible for the
content or information users transmit or share on WaWaYaYa products. We are not
responsible for any offensive, inappropriate, obscene, unlawful or otherwise
objectionable content or information you may encounter on WaWaYaYa products. We
are not responsible for the conduct, whether online or offline, of any user of
WaWaYaYa products.
12.Other
1. This Statement is an agreement between you
and Creative Knowledge Ltd. References to “us,” “we,” and “our” mean either WaWaYaYa products or
Creative Knowledge Ltd. as appropriate.
2. This Statement makes up the entire
agreement between the parties regarding WaWaYaYa products, and supersedes any
prior agreements.
3. If any portion of this Statement is found
to be unenforceable, the remaining portion will remain in full force and
effect.
4. If we fail to enforce any of this
Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this
Statement must be made in writing and signed by us.
6. You will not transfer any of your rights or
obligations under this Statement to anyone else without our consent.
7. All of our rights and obligations under
this Statement are freely assignable by us in connection with a merger,
acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Statement shall prevent us
from complying with the law.
9. This Statement does not confer any third
party beneficiary rights.
10.We reserve all rights not expressly granted
to you.
11.You will comply with all applicable laws
when using or accessing WaWaYaYa products.
Attachment:
Personal Information Protection Policy
In order to effectively protect WaWaYaYa
products users' privacy and optimize the user experience, Creative Knowledge
has formulated the Personal Information Protection Policy in accordance with
the current related regulations and policies. The Personal Information
Protection Policy contains the details about the policies and measures adopted
by WaWaYaYa products in the acquisition, management and protection of users'
personal information. The Personal Information Protection Policy is applicable
to all the services provided to you by WaWaYaYa products, whether you use the
services on a computer, a mobile terminal or any other devices.
Collection
of Personal Information
You acknowledge and agree that when you
sign up for WaWaYaYa3.0 account or
use the services provided by WaWaYaYa products, WaWaYaYa products will record
the personal information provided by you, such as: name, and cell phone number,
etc., and such personal information is served as the basis for you to obtain
the services provided by WaWaYaYa products.
Personal
information management
In order to provide you with a better
service or product, WaWaYaYa products will use your personal information in the
following situations provided such use:
1) Is required by law or regulations;
2) Is authorized by you;
3) Complies with WaWaYaYa products’ Terms of Service, and the provisions set forth in the licensing
agreement.
In addition, you acknowledge and agree that
to the extent permitted by current laws and regulations, WaWaYaYa products may
use your non-private personal information for marketing purposes, including but
not limited to present or provide you with the advertising and promotional
materials on WaWaYaYa products, notify you of or recommend WaWaYaYa products
information, and/or any other information that might be of interest to you
based on your use of WaWaYaYa products. It might also include the options that
you select for Information Sharing during the authorization related activities,
for example, when you are adding a friend, or adding a dynamic new landmark.
Without your permission, WaWaYaYa products
will not disclose your personal information to any third party, except in the
following circumstances:
1) WaWaYaYa products have obtained the
authorization from you or your guardian;
2) Creative Knowledge is required to
disclose your personal information when required by a lawful authority or
regulatory entities to comply with a court order or legal process;
3) WaWaYaYa products have filed a lawsuit
or arbitration against customers to safeguard its own legitimate rights and
interests;
4) When it complies with WaWaYaYa products’ Terms of Service, and the provisions set forth in the licensing
agreement;
5) In other circumstances stipulated in
laws.
Personal
Information Protection
WaWaYaYa products will use all reasonable
efforts to ensure the protection of your personal information obtained by us.
To prevent the users' personal information from accidental and unauthorized
access, copy, modification, transfer, loss, destruction, processing or use,
WaWaYaYa products have and will continue to take the following measures to
protect your personal information:
1) To encrypt users' personal information
using an appropriate method
2) Use password to protect personal
information in proper places;
3) Restrict access to personal information
to authorized personnel;
4) Other reasonable measures
Despite that the above reasonable and
effective measures have been taken, and standards required by the relevant laws
and regulations have been complied with, there is no guarantee to secure your
personal information when it’s been used in
communications over an insecure channel. Therefore, the users should take
active measures individually to ensure the security of personal information,
such as: change your account password on a regular basis, and do not disclose
own personal information, such as the account passwords to others.
You acknowledge that: once you left
WaWaYaYa products, browse or use other websites, services and content
resources, WaWaYaYa products will have no ability and obligation to protect
your personal information submitted to the websites other than WaWaYaYa products.
Access
to Personal Information
When you have completed the account
registration with WaWaYaYa products, you can access or modify the personal
information you submitted to WaWaYaYa products. Under normal circumstances, you
can browse and modify the information submitted by you at any time, but for
security considerations and identification purposes, you may not be able to
modify some initial registration information and authentication information
provided by you in the registration.
Use of
cookies
Cookies can help a website to identify
registered users and calculate the number of users, and it can also be used by
websites to determine whether the user who has completed the registration
process has logged in. WaWaYaYa products promise that the studies on cookie
information is only used for the purposes of enhancing the quality of
services/products and optimizing the user experience. At the same time, if you
don't want to store your personal information in a cookie, you can carry out
the browser configuration: select "Reject Cookies" or "notify me
when the website sends cookies", however as you know, in light of the fact
that WaWaYaYa products’ services through the
support of a cookie, if you’ve turned off a cookies, it
may affect your ability to fully enjoy the services provided by WaWaYaYa
products.
Changes
to the Personal Information Protection Policy
Creative Knowledge reserves the right to
change our Personal Information Protection Policy at any time, and once any
changes made to the contents of our Personal Information Protection Policy,
WaWaYaYa products will be posting the modified Personal Information Protection
Policy on WaWaYaYa products, and by doing this, WaWaYaYa products is considered
to have notified you of the content changes. If you don't agree with changes to
the terms in our Personal Information Protection Policy, you can stop using the
WaWaYaYa products. If you continue to use the WaWaYaYa products, your use shall
be deemed to confirm your acceptance of the changes made by Creative Knowledge
to the related terms of services.