Raidcall Terms of Use

1. General Rules

The service of Beijing Raidcall Internet Technology Co., Ltd., and affiliated enterprises (“Raidcall”) is subject to the following provisions and conditions contained in this document. Raidcall may update the provisions at all times, and do not need further notice. Once there is any amendment of Terms of Use of Raidcall (“Terms of Use”), Raidcall will publish the amendment on the website. The updated Terms of Use shall be valid and replace the old Terms of Use after the publication of the updated version.

You shall read the Terms of Use carefully before you use any kind of services of Raidcall. Please stop using all services if you do not accept all of the Terms of Use and/or its amendments. By using any service of Raidcall, you agree to understand and accept the Terms of Use, including amendments Raidcall made to the Terms of Use from time to time, and become a Raidcall Member (“Member” or “You”).

2. Service Description

Raidcall provides a channel for Members to share their experiences through Raidcall (“The service”). Any improvement or enhancement of new functions of present service, including new products, is subject to the Terms of Use, unless otherwise regulated in the Terms of Use or other documents. You acknowledge and agree that the service is provided as its present condition, and Raidcall is not liable to any timeliness, deletion, transmission error, saving failure or other problems of Members’ information or personal settings. Raidcall reserves the right to suspend any part of the service because of maintenance, updating or other purpose without notice.

3. Comply with the Laws

You agree to comply with all relevant laws and regulations of the PRC, and be responsible for all actions and results from using your account and password by any means. You shall bear all legal responsibilities if your action violates any provision in laws and regulations which may constitute a crime, and you may be subject to criminal prosecution.

Meanwhile, if Raidcall has reason to believe any of your actions, including but not limited to any of your speech and other actions, may violate any provision in laws and regulations, Raidcall may stop providing service to you without prior notice.

4. Your registration obligations

In order to use the service, you agree the following terms: provide a valid phone number, password and Member ID according to this registration notes, and ensure the validity and legality of the updated information such as log-in email, Member ID and pictures. If you provide any information illegal, immoral or content that Raidcall deemed to be inappropriate, or Raidcall has reasons to suspect your information is malicious, Raidcall has the right to suspend or terminate your account and reject you from using all or any part of the service at present and in the future.

Raidcall is not responsible for any registration information of any Member, including without limitation the responsibility to identify or verify the authentication, correctness, completion, applicability and/or timeliness of any registration information.

5. Security of Member ID and password

You can use your phone number and password to log in to your Raidcall Account (“Account”) after you complete the registration procedure and register successfully. It’s your responsibility to keep your account safe. You shall be fully responsible to all activities that occur under your account. You agree that:
1) You will notify Raidcall immediately if you become aware of any unauthorized use of your account or any other breach of security of your account.
2) Raidcall cannot and shall not be responsible for any loss and damage arising from your failure to maintain the security of your account and password.
3) Each Member shall be responsible for all activities that occur under his account. You shall be fully responsible for any damage to you, Raidcall and a third party arising from your failure to maintain the security of your account and password.

6. Raidcall Privacy Policies

The registration information you provide and other information Raidcall keeps about you will be regulated by PRC laws and the Privacy Policy of Raidcall.

7. Providers’ obligations

According to relevant laws and regulations, Raidcall reminds you that the provider shall be liable to any text, message, material, music, picture, graphic, video, data or other information (“content”) published by or uploaded through Raidcall, whether in public or in private. Raidcall only provides content saving space for Members, and does not control contents transmitted through the service, so Raidcall does not guarantee the correctness, completeness or quality of the contents. You understand that by using the service, you may come into contact with offensive, inappropriate or disgusting content. Raidcall shall not be liable to any content in any circumstance, but Raidcall has the right to terminate the transmission of above mentioned contents and take actions, including but not limited to suspend the Member from using all or part of the service, and keep the records and report to relevant authorities.

8. Members’ actions

Each Member agrees that you shall not involve any illegal or inappropriate activities by using the service, including but not limited to the following activities:
1) Publish or transmit information that contains the following content:
* Opposes the cardinal principles determined in the Constitution;
* Compromises state security, divulges state secrets, subverts state power, or undermines the unity of the nation;
* Damages the honor and interests of the nation;
* Incites ethnic hatred or racial discrimination or undermines the national solidarity;
* Sabotages the religious policies of the state, propagates heresies or superstition;
* Disseminates rumors, disrupts the social order or undermines the social stability;
* Disseminates obscenity, pornography, gambling, violence, murder, horror or instigates others to crime;
* Infringes others' legitimate rights and interests by insulting or slandering others; or
* Is otherwise prohibited by the laws or administrative regulations;
* Raidcall deemed to be inappropriate to display.
2) Infringes others' legitimate rights and interests by any means;
3) Publish, send email or transmit any information learned by any contract or legal relationship (such as internal, exclusive or confidential information learned through confidential agreement or employment relationship) but has no rights to transmit;
4) Publish or transmit contents which infringe third parties’ copyrights, patents, trademarks, business secrets or other exclusive rights (“exclusive rights”);
5) Publish or transmit any advertisements, promotional materials, junk mail, spam mail, chain mail, direct selling mail or any persuasive information.
6) Publish or transmit any computer virus, computer code, file, program or any material designed to interfere, damage or restrict any computer software, hardware or communication equipment functions.
7) Interfere or damage the service or the server and network connected with the service, or violate any of the regulations, programs or rules about connected network of the service.
8) Harassing others by tracking, cyber manhunt or by other means.
9) Deliberately or unintentionally violation of any applicable laws and any effective rules;
10) Intercept, tamper, collect, save or delete other’s personal information, internal mail or other data without valid authorization, or involve this information in illegal or inappropriate purposes.

You accept that Raidcall doesn’t fully control Members’ activities, you agree that you will judge and be liable when you use any content, including rely on the correctness, completeness or practicability of the aforesaid information, and do not rely on Raidcall. However, Raidcall may reject and delete any content provided by any Member using Raidcall which violates the Terms of Use or is distracting on its own discretion.

You acknowledge and agree that Raidcall will record or disclose the content according to laws and regulations, or for the following purpose in necessary scope and based on the good faith:

a) Comply with legal procedure;
b) Execute the Terms of Use;
c) Respond to any third party’s claim of rights;
d) Protect the rights, property or personal safety of Raidcall or other Members;
e) Other circumstances Raidcall deemed to be necessary.

9. Special warning for international use

You acknowledge the non-national boundary of network, you agree to comply with local laws and regulations about online behavior. You specially agree to comply with the applicable laws and regulations of PRC or the country or district you belong to about the transmission of output information. If you violate any provision of PRC or the country or district you belong to, you shall bear all legal responsibilities.

10. Public information published on Raidcall

1) In the Terms of Use, "public area of the service" refers to the area that general public can use;
2) Each Member shall ensure that he is the copyright owner of the content he uploads or posts on Raidcall or the content has been authorized, and the content will not infringe the legitimate rights and interests of any third party. Members agree to grant Raidcall an exclusive possession permission on global scale, and in a free, irrevocable, permanent, sub-licensable or transferable base. Raidcall shall have the right to exhibit, promote or use the aforesaid content by other means not prohibited by PRC laws according to that permission.

11. Disclaimer

1) Each Member expressly agree that he shall be fully responsible to the risks that the text, message, material, music, picture, graphic, video, information or other personal information he uploads to internet may be duplicated or reproduced by other entity or person for other purposes. Each Member shall be fully responsible to all the consequences using the service of Raidcall, and Raidcall is not responsible to the Members.
2) Members’ text, message, material, music, picture, graphic, video, information or other personal information used by official account such as microblog or Renren for promotion is not an infringement of the Member’s relevant rights, and Raidcall is not responsible.
3) Raidcall will delete malicious comments aim at a Member after report, but Raidcall does not guarantee Member’s satisfaction, nor does Raidcall shall be responsible to that malicious comment.

12. Compensation

You agree to compensate Raidcall and its subsidiary, affiliated enterprise, senior staff, agency, co-owner of the brand, other cooperative partner or staff to protect them against damages and agree to bear all legal responsibilities of any third party claim or demand, including legal fees, arising from or lead by the content you provided, published or transmitted through the service, your connection with the service, your violation of the Terms of Use, or your infringement of the third party’s rights.

13. Business practice prohibition

You agree that you will not duplicate, copy, sell, resell any part of the service or usage of the service for any business purpose.

14. General measures about the usage and saving

You accept that Raidcall has the right to formulate general measures and restrictions about the use of the service, including but not limited to the maximum record period of the content published or other content published, and the maximum number of times you may use the service in a certain period (and the maximum time period for every use). You agree that Raidcall shall not be responsible where any information, communication material or other contents published or transmitted through the service be deleted or not saved. You agree that Raidcall may change the general measures and restrictions on its own discretion at any time, with or without notice.

15. The change of the service

Raidcall has the right to temporarily or permanently change or stop the service (or any part of it), with or without notice. You agree that Raidcall shall not be responsible to you and any third party for any change, suspend or terminate of the service.

16. Terminate of the service

You agree that Raidcall may terminate your account or the use of the service (or any part of it) and delete any content you provided to the service on its own discretion, including but not limited to your not using the service for [180] consecutive days, or Raidcall considers you violates the terms and principles of the Terms of Use. You agree to comply with any provision of the Terms of Use during using the service. You accept and agree that Raidcall may suspend, terminate or delete your account and all information and documents in your account, and/or stop you from using the aforesaid information or the service without prior notice. Besides, you agree that Raidcall shall not be responsible to you or any third party if your use of the service is suspended or terminated, or your account and relevant information or documents are closed or deleted.

17. Transaction with advertiser and third parties

Communications and business contact by any means through Raidcall between you and advertisers and other third parties, or promotion activities involved, including payment and delivery of related products or services, and any other related provisions, conditions, warrants or representations achieved, are the activities between you and advertisers and other third parties. Raidcall shall not be responsible to any losses or damages you or aforesaid advertisers or other third parties inferred because of any above deals.

18. Exclusive rights of Raidcall

You acknowledge and agree that, the service and related software used to provide the service (“software”) contains intellectual property rights and other exclusive confidential materials protected by laws. You further acknowledge and agree that the sponsor advertisements or information displayed to you through the service or advertiser is protected by copyrights, trademark rights, service mark rights, patent rights or other exclusive rights. You shall not change, rent, lend, sell, and spread all or any part of the service or the software without express authorization of Raidcall or advertisers, nor shall you produce derivative work based on the service or the software, or use the unauthorized changed software, including but not limited to use the service without authorization. Raidcall only authorize your, during registered period, personal, inalienable and non-exclusive use right, so you can use the object code on a single terminal, but you shall not (nor can you allow any third party to) discover source code by duplicate, change, produce derivative work, reverse engineer, decompile or by other means, or sell, transfer, re-authorize or create a security on the software, or transfer any rights of the software by any means. You agree to use the service through interface Raidcall provided but not by any other means.

19. The Warranty and Guarantee

You clearly understand and agree that:
1) Any provision of the Terms of Use would not exempt Raidcall from the liability for your personal injury, or property losses caused intentionally or by gross negligence of Raidcall.
2) You bear the risks of using the service. The service is provided in its present and existing condition. Raidcall will not make any warranty or guarantee to the service, either express or implied, including but not limited to the warranty and guarantee of course of dealing or usage of trade, or statutory as to any matter whatsoever or free from tort.
3) Raidcall does not guarantee any of the following matters:
* The service meets your demands;
* The service is free from interference, provided in time, is safe or without mistakes;
* The result by using the service is accurate and reliable;
* Any product, service, message or other information purchased or gained through the service matches your expectation.
4) You shall decide and take the risks whether to download or get any information through the service. You shall be fully responsible to the damages of your cellphone or loss of data by downloading any information.
5) Any suggestions or information obtained from Raidcall or the service, whether in written or oral, will not constitute any guarantee beyond the Terms of Use, except otherwise stipulated in the Terms of Use.
6) If Raidcall and/or its cooperation partner use your portrait right, name right and/or other legal rights, you agree to authorize Raidcall and cooperation partners to use your portrait right, name right and/or other legal rights.

20. Limitation of Liability

You clearly understand and agree that, Raidcall is not responsible for any direct, indirect, collateral , particular, derivative losses or punitive damages, including but not limited to profit, reputation, application, data losses or other invisible loss, caused by any of the following reasons:
1) The use of service or out of service;
2) The cost of replacing or getting any product, data, information, service purchased through the service, receiving messages, or negotiating a contract.
3) The unauthorized access or alteration of your transmission and data;
4) Any statement or action made by a third party in the service;
5) Other issues related to the service, except otherwise stipulated in the Terms of Use.
6) Raidcall is not responsible to economic losses caused by any fraudulent messages or any induction released and delivered by any third party.

21. The Trademark Information of Raidcall

You agree not to show, use or otherwise dispose the trademark Raidcall and other registered trademarks, logos, products and service names of Raidcall without prior written permission, or express that you have the right to show, use or otherwise dispose Raidcall logo.

22. Members’ exclusive rights

Raidcall respect others’ intellectual properties, and Raidcall appeals Members to do the same.
The service and data of Raidcall is provided in present situation and Raidcall explicitly refuse to make guarantee to the service, data or products, whether expressly or implicitly, including but not limited the guarantee for business use or special purpose. Raidcall is not responsible to direct, indirect, collateral loss or other derivative loss resulted from the service, data and products.
If you cause infringement to others’ intellectual properties, Raidcall will delete particular content, and/or terminate your account according to the relevant laws and regulations, or according to the Terms of Use or relevant provisions if appropriate.
Raidcall respect others’ rights (including intellectual properties), meanwhile, Raidcall requires Members to do the same. Raidcall has the right to terminate the Member’s account in its own discretion where the Member infringes others’ rights when appropriate.
You need to contact Raidcall in time and provide full evidence when you feel your copyrights or other intellectual properties are infringed according to “Regulations for the Protection of Information Network”. You may also download the standard format of “the Notice of Request to Delete or Disconnect the Link the Infringing Content” (“Delete Notice”) on the website of NCAC. If you do not understand the content of “Delete Notice”, please go to the website of NCAC and check the filling explanation of “Delete Notice”.

23. General Provisions

1) This Terms of Use, Privacy Policies and Community Guidelines constitute the entire agreement between you and Raidcall with respect to and govern your use of the service. Your use of related services, contents, application and software providing by any third party shall be subject to any applicable additional provisions and conditions.
2) This Terms of Use and the relationship between you and Raidcall are governed by the laws of The People’s Republic of China. Any dispute between you and Raidcall arising from the service, the Terms of Use and other issues should be settled through friendly negotiation. If no agreement can be reached, both parties can apply for arbitration to CIETAC. The arbitration shall be conducted in Beijing. The arbitration should be final and binding upon both parties.
3) Raidcall’s failure to enforce any right or failure to act any provisions in the Terms of Use will not constitute a waiver of the aforesaid rights nor a waiver of any rights.
4) If any of the provisions is invalid because of its conflict with PRC laws, you still agree to follow the laws to make that provision to be valid according to the intention of the parties, and other provisions of the Terms of Use shall be completely valid.
5) The title of the Terms of Use is set up for convenience, which has no legal effect and contract effect.
6) Once you agree on the Terms of Use of Raidcall when register or log in Raidcall means that you agree with all terms above, and the Terms of Use is binding on you.
7) Raidcall reserves the right of final explanation of the Terms of Use.