In order to ensure that you fully understand the terms and conditions of this Agreement and pay close attention to the special restrictive clauses on your rights or obligations, please carefully read this Agreement and then choose “accept” or “not accept” this Agreement. If you accept this Agreement, this Agreement constitutes a binding contract between you and the Activity Developer. Please carefully read the terms and conditions of this Agreement.
- Definitions
1.1 U by Bedsure Design Contest Voting : shall refer to U by Bedsure Design Contest Voting Activity.
1.2 Activity User: shall refer to the personal user of the Activity who acknowledges and accepts all terms and conditions of this Agreement and fills in information and submits works (hereinafter referred to as “User”).
- Acceptance and Modification of Agreement
2.1 This Agreement constitutes a precondition for the User to participate in the Activity. If the User chooses “not accept” the terms and conditions of this Agreement, the User may not be able to participate in the Activity; if the User chooses “accept” the terms and conditions of this Agreement, it is deemed that the User agrees to be bound by the terms and conditions hereof.
2.2 Considering the restriction of terms and conditions, the Activity Developer has the right to modify or update the activity agreement content based on the actualities. Once the modified or updated agreement is released, it replaces the original agreement. After the agreement modification or update, if the User does not accept the modified or updated agreement, the User cannot continuously participate in the Activity. If the platform user continuously uses the Activity, it is deemed that the User knows and accepts the modified or updated agreement.
2.3 Unless otherwise specified, this Agreement is unconditionally applicable to U by Bedsure Design Contest Voting Activity (including added and optimized functions).
- Descriptions of Services
3.1 Service Content and Standards
3.1.1
When the User fulfills the activity registration, the submitted contents and personal information must be authentic, accurate, legal and valid. In case of any change to the personal information about the User, the User shall modify the registered personal information in a timely manner. Due to information problem of the User, if the user rights cannot be comprehensively and validly exercised or any other consequences and responsibilities are caused, the User shall independently bear the same.
3.1.2 We are entitled to inform you and suspend or terminate the provision of services hereunder to you, without bearing any responsibility to you or any third party, in case of any one of the following circumstances:
1) According to legal provisions or this Agreement, you shall submit authentic information. However, your personal information is unauthentic or it is inconsistent with the registration information and you fail to provide reasonable evidence.
2) You violate relevant laws and regulations or this Agreement.
3) Subject to legal provisions or requirements of competent authorities.
4) Out of public security, information security and other reasons or other necessary circumstances.
3.2 User’s Rights and Obligations
3.2.1 The User equally enjoys the rights and shall comply with the standards and rules of the Activity, including but not limited to this Agreement.
3.2.2 In case of any losses resulting from the User’s failure to participate or termination of participation in the Activity due to breach of the Activity User Service Agreement, the User shall independently bear the same.
3.2.3 In the Activity, including transmission and release of information, the User shall comply with relevant laws and regulations, rules and normative documents (hereinafter referred to as “laws and regulations”) and bear corresponding legal liabilities.
3.2.4 In the Activity, without the User’s authorization, it is not allowed to disclose, edit or reveal the non-public information registered and saved by the User.
3.2.5 In case of any data breach due to the User’s reason, the User shall independently bear the consequences personal data breach and other risks and losses, and the Activity Developer does not bear any responsibility.
3.2.6 If the User violates laws and regulations in the Activity, the Activity Developer has the right to disqualify such User without making any compensation, and the User shall independently bear full responsibility.
3.3 We reserve the right to interpret and modify this Agreement.
- UseRules
4.1 The User shall independently bear full responsibility for his behaviors in the Activity (those participants who apply for the Activity have full capacity for civil conduct). The Activity Developer has the right to independently delete the contents, restrict or suspend the User from taking part in the Activity and reserves the right to investigate the legal liabilities of the User who violates the rules, in case of any one of the following circumstances.
1) The User engages in illegal transactions through the Activity, such as gambling, money laundering, pyramid selling, and release of reactionary information.
2) The contents produced, uploaded, copied, released or transmitted by the User infringe on the copyright of others or violate laws and regulations or this Agreement or infringe on the lawful rights and interests of others.
3) The designer is not the initial participant but participates in the Activity through illegally using the name of others.
4) The User releases false bad comments for the purpose of commercial discrediting or engages in any behavior which impairs the reputation of the activity.
5) The User makes the works by AI and other technologies.
6) The User violates laws and regulations or this Agreement or infringes on the lawful rights and interests of others.
4.2 The platform user bears full responsibility for all contents produced, uploaded, copied, released or transmitted in the Activity. The platform user shall not release, reprint or transmit information which contains any one of the following contents in the Activity. Otherwise, the Activity Developer has the right to deal with the User according to Article 4.1.
- The User violates the fundamental principles determined in laws.
2) The User impairs the honors and interests of the State and attacks the Party and the Government.
3) The User instigates the ethnic hatred and ethnic discrimination, destroys the ethnic unity, incites, organizes and abets the terrorist activity, illegal gathering, association, parade, demonstration and gathering of a crowd to disturb the social order.
4) The User destroys the friendly relationship between different countries and regions, destroys the religious policy of the State and advocates the heresy and racial discrimination.
5) The User spreads rumors or false messages, disturbs the social order, and destroys the social stability; spreads the obscene, pornographic, gambling, violent and terrorist contents or abets others to commit a crime.
6) The User insults or slanders others, infringes on the lawful rights and interests of others, and uses the invective, abusive, slandering, threatening, cursing and other uncivilized words.
7) The User infringes on the right of portrait, right of name, right of reputation, right of privacy or other personal rights of others; infringes on the copyright, information network transmission right and other lawful rights and interests of others.
8) The User’s contents contain the harassing, spam advertisement, malicious information and cheating information.
9) Other contents prohibited by laws and administrative regulations.
- Information Protection and Data Development
5.1 The User agrees that the Activity Developer has the right to process related information and data of the User through collection, storage, use, processing and transmission. The Activity Developer undertakes to exercise the foregoing rights in strict accordance with the legal, proper and necessary principles, and ensures that the User’s consent is obtained and there is no violation against mandatory provisions of laws and administrative regulations and all reasonable measures are taken and the abovementioned information and data are used according to rules, purpose, method and scope of information collection and processing released in advance.
5.1.1 Information and data in the preceding paragraph include but not limited to the natural person information of the User and various kinds of information and data related to the user activity.
5.1.2 Except for the Activity Developer and its affiliates, and unless otherwise specified in this Agreement and privacy policy, the User understands and agrees that the Activity Developer shall not provide the abovementioned information and data to any unrelated third party or disclose the same to any third party through transmission and reference without consent.
5.1.3 Unless otherwise stipulated by laws and regulations, the User has the right to refer to and copy the following personal information of the User at any time, and to correct or delete some information therein, including:
1) The User may inquire and maintain personal information.
2) Regarding personal information which cannot be referred to, copied, corrected or deleted by the User, except for the abovementioned information, we do not provide the services for referring to, copying, correcting or deleting some personal information of the User, which is mainly user device information collected for meeting the requirements of relevant compulsory laws and regulations, and personal information generated in the use of products. Notwithstanding the fact the User cannot refer to, copy, change or self-delete such information, we undertake to store, extract and use the abovementioned information according to relevant laws and regulations and this Agreement and privacy policy.
- Contents Uploaded by Activity User
6.1 The User shall be responsible for all his behaviors under his account. The contents uploaded by the User refer to the produced, uploaded, copied, released and transmitted words, pictures, videos, audios, software, links or any other contents of the User in the Activity.
6.2 If the User uploads or releases the original works, information and data in the Activity, the User shall guarantee that the User enjoys the copyright over such contents, and agrees that the Activity Developer has the right to demonstrate and promote the abovementioned contents, and is entitled to modify, issue, compile and use in other ways the abovementioned contents or authorize a third party to modify, issue, compile or use in other ways the same.
6.3 If the User participates in such activity, it is deemed that the User allows the Activity Developer to disclose, transmit and promote the works through voting.
6.4 All contents uploaded or released by the User only stand for the standpoint and viewpoint of the User and have nothing to do with the Activity Developer, and all legal liabilities therefrom shall be borne by the User independently.
- Intellectual Property Rights
7.1 The User shall guarantee that all works submitted are independently created by himself or his team and do not infringe on the intellectual property rights of any third party and are free from any plagiarism or infringement. (The contents uploaded by the User refer to any texts, images, videos, audios, software, links or other forms of contents produced, uploaded, copied, released and transmitted by the User in the Activity.)
7.2 With regard to any creation of the User based on this Activity, the Activity Developer has the right to preferentially obtain authorization for commercial use at first time.
- System Guarantee
9.1 If the User cannot use the services provided in the Activity due to force majeure, computer virus or hacker attack, network service quality, system instability, communication line failure, technical adjustment or failure of telecommunications department, bank or third party payment tool or platform user reason and other reasons not attributable to the Activity, if the system cannot run normally and the platform user cannot use the services, the Activity Developer will endeavor to cooperate with related entities at first time and make timely repair. However, the Activity Developer is exempted from responsibility to the extent permitted by laws in case of any losses incurred by the platform user or any third party therefrom.
9.2 The User understands that the Activity Developer needs to maintain or upgrade the platform from time to time. In case of any interruption of services due to such circumstances, the Activity Developer does not need to bear any responsibility, but shall give a timely notice to the User in advance.
- Governing Law and Jurisdiction
10.1 The validity, performance and interpretation of, and dispute resolution regarding, this Agreement, shall be governed by the laws of California, the USA. If any provision of this becomes invalid or unenforceable due to conflict with applicable laws, the validity of other provisions shall not be affected. Matters uncovered in this Agreement are subject to relevant national laws, regulations, rules and industrial practices. The Activity Developer reserves the right to interpret this Agreement to the extent permitted by laws.
10.2 Any dispute between the platform user and the Activity Developer shall be settled through friendly negotiation at first. If negotiation fails, both parties agree to settle the dispute through arbitration. The arbitral award shall be binding upon both parties.