Welcome to read the User Agreement of ArtPro HK Limited ("ArtPro Web Site"). This Agreement details the terms and conditions that you must abide by when using ArtPro Web Site. You shall read it carefully before user registration and promise to accept and abide by the Agreement.
If you have any questions about the content of this Agreement, you shall consult ArtPro Platform online. The terms and conditions of this Agreement shall be deemed to be accepted when you visit ArtPro Web Site for registration and this Agreement shall be binding on you. Then, you shall not claim that this Agreement is invalid or request to cancel this Agreement on the grounds that you have not read the contents of this Agreement or have not received the answers to your inquiries from ArtPro Platform. If you do not agree with the Agreement, you shall immediately cease the registration process or stop using ArtPro Web Site. This Agreement will take effect when your registration is completed.
ArtPro has the right to modify this Agreement at any time and publish the modified agreement in this Web Site. All the revised terms will take effect automatically from the publication of this Web Site. If you do not agree with these revisions, you shall immediately terminate your user relationship with ArtPro Platform. This Agreement was last updated on August 29, 2019.
I User Qualification
This Agreement is only provided to and used by natural persons, legal persons or other organizations that can sign legally binding contracts under applicable laws. In addition, the services of this website are not available to natural persons under the age of 18 and users of ArtPro whose qualification has been temporarily or indefinitely suspended. If you are not qualified, please do not register as a user of ArtPro and use ArtPro Web Site. Your ArtPro Account and User Name shall not be transferred or sold to other parties. If you do not have the above subject qualification, ArtPro Platform reserves the right to stop or terminate your account accordingly, and you and your guardian shall bear all responsibilities arising therefrom.
II User Account
1.To use ArtPro Web Site, you need to register an ArtPro Platform account. If you do not log in within one year after account registration, ArtPro will have the right to close the account, and any losses arising therefrom will be borne by you. If the ArtPro Platform has reasonable grounds to believe that your account has been fraudulently used by any third party (e.g. due to account hacking), ArtPro has the right to suspend your account until you obtain authorization again.
2.If you have obtained ArtPro Web Site or the installation program with the same name as ArtPro from any unauthorized third party, ArtPro cannot ensure the serviceability of the software and will not be responsible for any losses incurred by you.
3.If you use ArtPro without log-in, some functions will not be available, thus you will not be responsible for any losses that may be incurred by you.
4.In view of the particularity of network services (including but not limited to the stability of servers, malicious network attacks and other situations beyond the control of ArtPro), you shall agree that ArtPro Platform has the right to interrupt or terminate some or all of the services (including paid network services) at any time. In the event of such interruption or suspension of service, ArtPro Platform will notify the affected users as soon as possible by webpage announcement, system notification or other reasonable means.
5.You need to understand that the ArtPro Platform needs to regularly or irregularly repair or maintain the platforms providing services (such as Internet websites, mobile networks, etc.) or related equipment. If the service is interrupted within a reasonable period of time due to such circumstances, the ArtPro Platform does not need to assume any responsibility arising therefrom, but the ArtPro Platform shall notify in advance as much as possible.
ArtPro Platform has the right to suspend or terminate the provision of services (including paid services) under this Agreement at any time without any liability to you or any third party in case of any of the following circumstances:
(1)The personal data provided by you is untrue;
(2)You have violated laws, regulations, national policies or the rules of use stipulated in this Agreement.
7.After you have completed the Web Site for registration, you will have the right to use of the account, which is owned by the initial applicant. Meanwhile, the initial applicant shall not donate, borrow, lease, transfer or sell the account or otherwise permit the non-initial applicant to use the account. Non-initial applicants shall not use the account by donation, inheritance, lease, assignment or any other means.
8.To protect your account, you shall keep the account details and password confidential.
III Protection of Personal Information
1.Protecting your personal information is one of the basic principles of ArtPro. ArtPro Platform will take reasonable measures to protect your personal information. Except as otherwise provided by laws and regulations, ArtPro Platform will not disclose your personal information to any third party without your permission. ArtPro adopts professional encrypted storage and transmission methods for relevant information so as to ensure the security of your personal information.
2.While registering your account or using this service, you may need to fill in some necessary real information. According to the national laws, regulations or policies, you need to fill in the true identity information and do not use any false, inaccurate or misleading information. If you fill in incomplete information, you cannot use this service or have limited service.
3.Normally, you can browse and modify your submitted information at any time, but in view of security and personal identification, you may not be able to modify the initial registration information, official authentication information and other authentication information at the time of registration.
4.ArtPro will use various security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use or disclosure.
IV Rules of Use for Users
1.You promise that all your actions in the process of using ArtPro Web Site will comply with the provisions and requirements of applicable laws, will not violate public interests and social ethics, will not damage the legitimate rights and interests of others, and will not violate this Agreement and relevant rules. Any legal liability arising from your violation of the aforesaid commitments shall be borne by you in your own name, and you shall ensure that the ArtPro Platform will not suffer any losses.
2. After accepting the terms and conditions as provided in this Agreement, you will be permitted to use the ArtPro Web Site and download relevant materials from ArtPro for personal non-commercial purposes. However, this license is non-exclusive, non-transferable and non-subcontracted.
3. You understand clearly that the materials on the ArtPro Platform are proprietary to ArtPro, thus you agree that you will not use any robot, spider software, screen-brushing software or other automatic methods to enter ArtPro Web Site for any purpose without the express written permission of ArtPro.
In the process of using ArtPro Web Site, you agree that you will not:
(1)Conduct any act that causes or may cause (at the discretion of ArtPro) significant load;
(2) Make copies, duplicate, modify, produce derivative works, distribute or publicly display any content (except your data) of the ArtPro Web Site without the prior explicit written permission of ArtPro;
(3)Interfere with or attempt to interfere with proper functioning of ArtPro or any activities carried out on the ArtPro;
(4)Enter the ArtPro Web Site in any form prohibited or restricted by ArtPro;
(5)Publish, transmit, disseminate and store contents that violate the national laws and regulations;
(6)Publish, transmit, disseminate and store contents that infringe upon others' reputation rights, portrait rights, intellectual property rights, trade secrets and other legal rights;
(7)Contents that involve others' privacy, personal information or data;
(8)Publish, transmit and disseminate harassing information, advertising information and junk information or content containing violent, bloody, sexual or sexual implications;
(9) Other information that violates laws, regulations, policies, public order and good customs, social ethics or interferes with the normal operation of ArtPro Platform and infringes the legitimate rights and interests of other users or third parties.
5. When you download or use open access images in any way, you are solely responsible for and abide by any applicable third party rights and conditions.
6. ArtPro Platform cannot guarantee that the open access images used by you will not infringe the copyright or other rights of third parties (such as trademark rights, privacy rights or publicity rights).
You acknowledge and agree that:
(1)You shall bear the risks of using open access images.
(2)ArtPro Platform will not assume any responsibility for any claims or losses directly or indirectly caused by your use of open access images.
You acknowledge and agree that:
(1)You will receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email.
(2)All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(3) All notices we provide to you by email will be considered received by you on the day that we send them. If you register for an ArtPro account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided. If at any time you would like to withdraw your consent to receive emails, please use the "unsubscribe" button on the email, or contact us at email@example.com to do so, however it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered.
V Rules of Use for Platform
1.The use of the platform in this article refers to any act you perform under this Agreement, including but not limited to registration and log-in, application for authentication, account operation promotion and other acts performed using the ArtPro Account or ArtPro Platform services.
You are not allowed to use the ArtPro Account or ArtPro Platform services to:
(1) Submit or publish false information, or pretend or use the name of others to publish information;
(2) Force and induce other users to pay attention to accounts, click on linked pages or share information;
(3) Fabricate facts and conceal the truth to mislead and deceive others;
(4) Infringe upon others' right of reputation, portrait, intellectual property, trade secrets and other legal rights;
(5) Fill in and submit account registration and authentication data in a way that violates the provisions of this Agreement, or submit data which is inconsistent with the contents of the registration information, and have the operation act which is irrelevant to the identity publicized by the registration or authentication information;
(6) Fail to register and use this service in accordance with the work flow of ArtPro Platform, which violates the function restriction or operation strategy of this Agreement, or takes any measures to avoid the aforesaid process, restriction or strategy and interferes with the normal operation of ArtPro Platform;
(7) Use other ArtPro accounts and any functions, as well as third-party operating platforms for promotion or mutual promotion without the written permission of ArtPro;
(8) Use plug-in programs, plug-ins or access to this service and related systems through other third-party tools, operating platforms or any services without the written permission of ArtPro;
(9) Make, publish, operate or disseminate methods and tools related to the above acts, regardless of whether these acts are for commercial purposes;
(10) Collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
(11) Conduct other acts that violate laws and regulations, infringe the legitimate rights and interests of other users and interfere with the normal operation of products or those that are not expressly authorized by ArtPro.
You understand and agree that ArtPro has the right to restrict any of your activities on the ArtPro Platform, immediately delete any information you publish on the ArtPro Platform, issue a warning to you, suspend or terminate your user qualification, and refuse to provide you with ArtPro Web Site, and require you to bear any losses incurred by the ArtPro Platform in case of the following circumstances:
(1)You have violated this Agreement or any document incorporated into this Agreement;
(2)If you violate the agreement and cause damages to any third party, you shall bear full responsibility and you shall also compensate for any possible losses incurred by ArtPro arising therefrom.
(3)The effective legal documents of the national administrative or judicial organs have confirmed that you have committed illegal or infringing acts, or ArtPro Platform believes that your acts are suspected of violating the provisions of laws and regulations according to its own judgment;
(4)Other conditions recognized by ArtPro platform.
VII Intellectual Property Rights
Except as expressly permitted by this Agreement, you shall not copy, extract, utilize, download, distribute, resell, use or publish (including distribute or extract in electronic form) any content of ArtPro online in any way without the prior written consent of ArtPro Platform.
VIII Legal Liability
1.If ArtPro finds or receives reports or complaints from others that users violate the Agreement, ArtPro has the right to delete and block relevant contents at any time without notice, and handle the illegal accounts including but not limited to warning, deleting part or all of users concerned, restricting or prohibiting the use of part or all of functions, closing accounts until cancellation according to the acts, and announce the handling results. In addition to the above-mentioned treatment measures for the certification account of the ArtPro platform, ArtPro has the right to cancel its account certification identity and make decision to temporarily or permanently close relevant account certification qualification depending on the circumstances. If you find out that someone violates the provisions of this Agreement or uses the ArtPro Platform services in any other improper way, please immediately report or complain to the ArtPro Platform, and ArtPro will handle it according to law.
2.You understand and agree that ArtPro has the right to dispose of any violation of relevant laws and regulations or the provisions of this Agreement according to reasonable judgment, take appropriate legal actions against anyone who violates laws and regulations, and keep relevant information and report to relevant departments according to laws and regulations. You shall bear all legal liabilities arising therefrom.
1.In the process of using ArtPro Platform, you shall abide by national laws, regulations and policies, and you shall bear the consequences arising from its use of other public services.
2.Any information released through the ArtPro Platform and any opinions transmitted through the ArtPro Platform do not represent the position of ArtPro, and ArtPro is not responsible for its completeness, authenticity, accuracy or reliability. You shall make your own judgment on the illegal, unethical, wrong or other inappropriate information that you may have access to, as well as the wrongly classified or deceptive publishing content. In any case, for any information, including but not limited to any errors or omissions, or any losses or damages caused by the use of information released through ArtPro, private message, transmission, other means or spread elsewhere, the acting subjects shall take full responsibility.
3.Since the content of the web page pointed to by the external link is not actually controlled by the ArtPro Platform, the ArtPro cannot guarantee the accuracy and completeness of the external link configured for your convenience.
4.ArtPro Platform will not assume any responsibility for service interruption, termination or other defects due to its own commercial reasons, but will try its best to reduce the losses and impacts incurred by you.
You agree that ArtPro does not assume any responsibility for the quality defects of the following products or services provided to you by ArtPro and any losses caused thereby:
(1) The third-party platform services provided free of charge by ArtPro;
(2) Any products or services presented to you by ArtPro;
(3) All kinds of products or services provided by ArtPro to users of paid services.
6.You understand and agree that ArtPro may cooperate with third parties to provide you with products (including but not limited to games, third-party applications, etc.) and third parties will provide you with follow-up work such as upgrading, maintenance and customer service of the products. Such third parties shall be responsible for all disputes or user losses caused by the quality problems of the products or their own reasons, and you hereby agree to claim all rights and losses related thereto from the third parties.
7.ArtPro shall not assume any responsibility or obligation for the failure or delay of ArtPro to perform its obligations due to circumstances beyond the reasonable control of ArtPro (for example, labor disputes, force majeure, war or terrorist acts, malicious destruction, accidents or compliance with any laws, regulations or government orders). ArtPro will do its best to reduce the impacts of the above events.
X Third-Party Technology
1.ArtPro may use third-party technologies (including the open source code and common function variable code that may be used by this software, etc., hereinafter inclusive). Such use has been legally authorized.
2.If this software uses the technology from any third party, the ArtPro Platform will display relevant agreements or other documents in accordance with relevant laws and regulations or agreements, possibly through attachments to this Agreement, packaging in specific folders of this software installation package, etc. They may be expressed in the form of "software license agreement", "license agreement", "source code license" or other forms. The above-mentioned relevant agreements or other documents presented in various forms are an integral part of this Agreement and have the same legal effect as this Agreement. You shall comply with these requirements. If you do not comply with these requirements, the third party or relevant state organs may bring a lawsuit, fine or take other sanctions against you and request the ArtPro Platform for assistance, and you shall bear the legal responsibility on your own.
XI Other Terms & Conditions
1.Using this Agreement is deemed as that you have read and agreed to be bound by this Agreement. ArtPro has the right to amend the terms of this Agreement if necessary. You can check the latest version of the terms on relevant service pages. After the terms of this Agreement have been changed, if you continue to use the ArtPro Platform, it will be deemed as that you have accepted the modified agreement. If you do not accept the modified agreement, you shall stop using the ArtPro Platform.
2.This Agreement is signed in Chaoyang District, Beijing, PRC.
3.The establishment, coming into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China (excluding conflict laws).
4.If there are any disputes or controversies between you and ArtPro Platform, it shall be settled through friendly negotiation first. If the negotiation fails, you agree to submit the disputes or controversies to the people's court with jurisdiction at the place of signing.
5.The titles of all clauses in this Agreement are for easy reading only and have no actual meaning. They cannot be used as the basis for interpreting the meaning of this Agreement.
6.If the provisions of this Agreement are partially invalid or unenforceable, for whatever reason, the remaining provisions are still valid and binding on both parties.
7.If this Agreement is made in Chinese and other languages, if relevant contents are inconsistent, the Chinese version shall prevail.
XII General Provisions
1.This Agreement shall be governed by and construed in accordance with the laws of China.
2.Both parties may settle any controversies, claims or disputes between them under or in connection with this Agreement through negotiation. If both parties do not conduct negotiation or if the negotiation fails, both parties to the transaction agree to submit the controversies, disputes or claims to China International Economic and Trade Arbitration Commission for arbitration in Beijing in accordance with the Arbitration Rules of the China International Economic and Trade Arbitration Commission in effect at that time. The arbitration tribunal shall consist of three arbitrators. The arbitration award shall be final and binding on both parties to the transaction.
3.If any provision of this Agreement is determined to be illegal, invalid or unenforceable in whole or in part, the provision or relevant part thereof shall be deemed not to form part of this Agreement to the above extent, but the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected.
4.The failure of ArtPro Platform to take action against you or any other party for breach of contract shall not be deemed as a waiver of such rights by ArtPro.
5.The user shall not transfer or dispose of any of his rights or obligations under this Agreement without the prior written consent of ArtPro Platform.