Community Management System
I. Confirmation and Acceptance of Service Terms
(1) The User Agreement (hereinafter referred to as "the agreement") is reached by you (hereinafter referred to as “the user”) and Beijing Crater Network Technology Co., Ltd. (hereinafter referred to as "CRATER") on application of Again and its services (Again is a sports APP software developed and operated by CRATER). The ownership of Again and its services, related intellectual property rights and management right shall vest in CRATER. The user may apply it to recording detailed tracks and data of such sports as running, riding and training, or sharing sports achievements, and exchanging sports experience or sharing knowledge related to sports and fitness with other users in the community section. This term applies to Again and/or its services, including Again or any of its service may be legally acquired via a computer, mobile device or any other channel.
(2) Please carefully read (a juvenile shall be accompanied by its guardian when reading) and fully understand the agreement before commencing your application to Again and its services. You have no right to apply Again and its services unless you've totally accepted all provisions hereof. Your application to Again and its services will be deemed that you've fully understood the agreement and promised to be bound as a party hereto.
(3) the software copyright of Again and its services, and that on all information and content (to be) published by Again and its services shall be protected by Copyright Law of the People's Republic of China (related laws and regulations included) and other copyright laws worldwide, and shall be applied by users only for their own exchanging and learning.
(4) Again and its services will legally provide you with Internet information and other related services through the Internet. You will be entitled to apply all related services of the station upon your total consent to all terms and other stipulations hereof (including without limitation community specification and other rules and policies issued by Again).
(5) The agreement stipulates the relationship of rights and obligations between CRATER and the user on application of Again and its services.
(6) Any affiliated company of CRATER may also provide you with certain service items of Again and its services involved hereof, giving rise to a relationship of rights and obligations between both sides.
(7) A user refers to any person who acquires and applies Again and its services in a lawful manner.
II. Service Description
(1) The user shall equip himself with related devices required to apply Again and its services, including without limitation a smartphone, computer, tablet computer or other devices. The user shall also pay all fees related to the Internet and network flow occurred during application of Again and its services.
(2) The user may download and apply Again and its services through any legal channel, provided that he is prohibited to copy, publish, rent, exhibit, project, broadcast, modify, deduce, translate, compile, adapt any content of the software or render a reverse engineering to the same without authorization. CRATER remains all rights not specifically granted in all terms hereof.
(3) The user's registration to and login Again shall be deemed as his application of Again and its services. To apply all functions of Again and its services, the user may be required to connect a device to the Internet or login as a registered user after the registration operation.
(4) CRATER authorizes the user a non-transferable, non-exclusive and non-commercial right to apply Again and its services within the world, provided that such right is non-transferable and CRATER remains its right to withdraw such authorization in any necessary case.
III. Account-related Information
(1) Again provides its users with the registration function that the users may, on their own discretion, choose a name as his account and set a password, up to standard. The account and password set by the user constitute a credential for him to login and apply Again.
(2) The account that you set in Again is limited to your application. Any bestowal, borrowing, lease or sale shall be prohibited. Where CRATER discovers or is justified to suspect that the user is not the initial registrant, it has right to suspend or terminate provision of any service to such registered account without informing the registrant of such account, and to cancel such account without bearing any legal liability for the user. Any user communication outage, user data and information loss and other related damages caused thereby shall be assumed by the user himself.
(3) The user is liable for maintaining security and confidentiality of personal account and password, and shall take full responsibility for all activities undertaken by the same in the name of his registered account, including modification of user data, released opinions and any other operation behaviors on Again. Therefore, the user shall attach great importance to protection of his account and password. If he discovers that any person uses his account without permission or any other security flaw, he shall have CRATER immediately informed. But in case of any password disclosure due to whatever reason, the user shall assume the liability itself.
(4) In the event of the user account loss or password forgotten, you may timely get it back by the ways listed in "Help" of Again. The user shall offer personal password protection materials that can strengthen his account security. CRATER shall not assume any liabilities for any losses caused to the user by an appeal by any other person. The user understands that he bears the custodial responsibility for his account and password. CRATER does not undertake that the user will certainly get his account back through an appeal in case of an account loss or password forgotten.
(5) The user shall guarantee the authenticity of the identity information that he fills during registration. Any liability caused by any illegal, false or inaccurate user information shall be assumed by himself. The user shall keep his registration information constantly updated, and conforming to the requirements of timeliness, comprehensiveness, authenticity and accuracy. CRATER shall not assume any liabilities for any issues arisen by false registration information of the user or any consequences caused hereby. Where the user offers any inaccurate, false or illegal information, or CRATER is justified to suspect such information to be inaccurate, false or illegal data, or that the user releases any advertisement, casual content and any other content deviating from any national law or regulation, CRATER is entitled to suspend or terminate provision of services to the user, cancel such account and permanently refuse such user's application of the Again APP, and any loss caused hereby shall be assumed by the user himself.
(6) Apart from registration of Again account by himself, the user may also authorizes to register an account and login Again by his legal account of Sina Weibo, WeChat, Tencent QQ, Facebook and Twitter, through the account management backstage of Again. The account-related provisions hereof shall be also applicable for the circumstance where the user registers and applies Again and/or its services by any of his existing accounts above.
IV. Legality of User Behavior
(1) When applying Again and its services, the user shall conform to laws of the People's Republic of China. The user shall not undertake any behaviors prohibited by any law, regulation or policy and violating any others' lawful right using Again and its services.
(2) The user shall not disturb, destroy, modify, or exert any other influences on the normal operation of Again, using any plug-in, add-on or third-party tool unauthorized or unapproved by CRATER.
(3) The user shall not undertake any behavior endangering security of computer network, using Again or against the same, which shall include without limitation: using any unapproved data or accessing any unauthorized server/account; attempting to search, crack Again or other behavior damaging network security; attempting to intervene, destroy the normal operation of Again server, and deliberately spreading any rogue program or virus and other behavior damaging and disturbing normal network information services.
(4) Without permission of CRATER, you may not undertake such commercial behaviors as releasing any advertisements and selling any products on Again.
(5) In any case, if CRATER is justified to consider any behavior of the user as a violation or possible violation against the provision hereinbefore, it may terminate its provision of any service to such user in any time without any prior notice.
V. Protection of User Information
(1) You may browse your personal information submitted by yourself at any time, provided that you may not be able to completely modify the initial registration information and other verification information offered during registration, in consideration of security and identity identification.
(2) CRATER will protect your personal information using various security technologies and improved information security management system, in case of any access, use or disclosure. But the user shall also understand the uncertainty of the Internet, and that CRATER will not be liable for any leakage of user information caused by any factor beyond its control.
(3) CRATER will not transfer your personal information or disclose the same to any non-affiliated third party, unless as required by any related law or regulation or court or government agency, or that CRATER transfers the same for purpose of merging, separation, acquisition or asset transference, or as required to offer any service that you require.
(4) The user shall bear in mind not to disclose any important personal data including various property accounts, bank cards, credit cards, third-party payment accounts and according passwords when using Again, or otherwise any loss caused hereby shall be assumed by himself. The user shall not upload or spread any information that he considers as private through Again.
(5) In the following cases, CRATER has right to use the user's personal information:
① In case of a promotion or lucky draw, CRATER may share the user's personal information with the sponsor. In such case, CRATER will make a reminder prior to sending such information and the user may terminate such sharing through nonparticipation to such promotion or lucky draw;
② CRATER may cooperate with a third party to offer related network services to the user. In such case, CRATER is entitled to provide such third party with registration data of the user if it agrees to bear the liability for protection of user privacy equal to that of CRATER;
③ CRATER is entitled to analyze the entire user database and commercially use the same under the circumstance of non-disclosing any private data of an individual user.
(6) CRATER will send all notices related to Again and its services using the email address that you submit. Except any use above and any disclosure by your personal behavior or with your consent, CRATER will not display your email information to any third party or share it with the same through the Internet.
VI. User Management
(1) When registering an account, the user shall promise to conform to all Chinese laws and regulations, socialist system, national interest, citizens' legal rights, public order, social morality, information authenticity, etc., and guarantee not to undertake any following behaviors when registering or applying Again and its services:
① Violate the constitution of China or any Chinese law and regulation;
② Endanger Chinese national security, disclose any state secret, overturn the national political power, or undermine the state unity;
③ Damage any Chinese national honor or interest;
④ Incite national hatred, ethnic discrimination or destroy national unity;
⑤ Incite regional discrimination, racial discrimination, regional hatred;
⑥ Damage any national religious policy, advocate any heresy and superstition;
⑦ Spread any rumor, disturb the social order, and damage social stability;
⑧ Spread any obscenity, eroticism, gamble, violence, murder, terror or abet a crime;
⑨ Insult or slander others, encroach on others' any lawful right;
⑩ Render a violence intimidation, threat or a cyber manhunt to others;
⑪ Spread any private information of a juvenile under 18 without a written consent of the statutory guardian of such juvenile;
⑫ Spread bestial words and damage the public order and good custom of the society;
⑬ Infringe others' any intellectual property right;
⑭ Spread any commercial advertisement or similar commercially soliciting information;
⑮ Spread any other information that any Chinese law, regulation or rule forbids to be spread.
(2) In case of any user violating the promise above, CRATER will, as the case may be, adopt such management measures as forewarning and canceling the released information, temporarily forbidding such user to make a statement or permanently closing his account. In case of any publisher who is suspected to undertake an illegal criminal activity, CRATER will keep a record and truthfully report it when receiving the investigation from any involved governmental sector.
VII. Change, Suspension and Termination of Service
(1) You understand and agree that Again and its services are offered in accordance with existing conditions of CRATER. CRATER will try its utmost to serve you as well as guarantee the consistency and security of services, provided that CRATER shall not foresee and prevent lawful, technical and other risks at any time, including without limitation, service interrupt, data loss and other losses and risks caused by such reasons as a force majeure event, virus, trojan, hacker attack, system instability, flaw of third-party service, act of government, natural disaster and influence of war.
(2) The user shall understand that CRATER may need to adjust or modify any content or function of Again at any time for the purpose of the entire operation service. In case of any change to any service term of CRATER, it will publish the modified agreement on Again and the official website (official website: www.again8.com). Where any user disagrees on the modified content, please immediately suspend to login or apply Again and its services. Where the user continues to apply Again and its services, it will be deemed as an acceptation of such change to the service term.
CRATER is entitled to modify, interrupt, suspend or terminate Again and its services without a prior notice to the user after the modified agreement is published on Again, without assuming any liabilities for any user or any third party or any compensation.
VIII. Intellectual Property and Liability
(1) Again and its services include without limitation any design, layout, icon, text, explanation, image, audio, video, game, competition, vote, application program, illustration, information, data, compiling, advertising copy, identification, domain name, trademark, slogan of mobile client end APP of Again and Again's website (domain name: www.again8.com), and any and all materials (Again client end APP and its source code) under protection of copyright displaying product names, service names and the commercial identity of Again products, "appearance and style" of Again's client end and website, and any other materials related to Again products. All products of Again are subject to protection of copyright, trademark, patent and any law, regulation and rule of other rights, and international treaty. The user may not copy or recreate such content, or create any derivative in connection with the same, without authorization.
(2) The user may not render a reverse engineering, reverse compiling to related application software, picture design or other content involved by Again's products and services, or attempt to crack Again's security system and make other similar behaviors.
(3) The content carried by Again consists of two parts including self-creation of Again and uploading by any Again user. Again owns the copyright to its self-created content, and any person or organization shall obtain the consent and authorization of CRATER before reprinting such content.
(4) The user agrees that CRATER obtains a worldwide free, permanent, irrepealable, nonexclusive and totally permitted right and permission of any content that he releases on or uploads to Again. CRATER has the right to use such content for other lawful purposes, including but not limited to, partly or fully copy, modify, adapt, translate, assemble, disassemble, promote, distribute, forecast, perform, deduce or publish it.
(5) The user shall guarantee that any text, picture, video and other information that he uploads to Again will not infringe any intellectual property of any third party, nor violate any law and regulation of the People's Republic of China, or otherwise CRATER is entitled to remove such infringement information without assuming any liabilities thereunder. If the above-mentioned third party claims for any right, the user shall assume all liabilities hereunder and guarantee that CRATER will not suffer any losses consequently.
IX. Legal Notice and Exception Clause
(1) Any exercise is accompanied with risks. The user shall choose the exercise event and strength suitable for himself according to his own physical ability and health condition. To diminish exercise injury and other possible health accident, please first consult your doctor before commencing any training program. The user shall assume all risks arisen by his participation to any exercise event using Again.
(2) CRATER shall not be liable for guaranteeing authenticity, accuracy and integrity of any others' information, content or advertising and any other news (hereinafter referred to as "information") obtained on Again. Where any unit or individual makes any behavior through the "information" hereinbefore, such unit or individual shall discriminate the true from the false and prudently prevent any risk by itself, or otherwise CRATER will not assume any direct or indirect, attached or derivative losses and liabilities for any transactions and/or behaviors occurred not in direct connection with the website.
(3) Upon the operation need of Again, we may provide you with any link of any other third party address, with a view to offering convenience to you, which shall not indicate our acceptance of content offered by such website or address. We will not control or investigate such content offered by such external links, nor assume any liabilities for the same.
(4) CRATER does not undertake (including but not limited to): Again is totally applicable for the usage requirements of users and free of any disturbance, and timely, secure, reliable or free of any error; any error of Again will be corrected.
(5) CRATER will not assume any direct, indirect, attached, special, derivative or punitive liabilities for compensation of any profit, business reputation and data loss or other tangible or intangible losses caused by the following reasons:
① Application of Again or failure to apply Again;
② Again is free of any disturbance, timely, secure, reliable or free of any error; Any product, service or other materials obtained through total application of Again conform to the user's expectation;
③ Any error of Again will be able to be corrected;
④ Any statement or behavior that any third party makes herein;
⑤ Any user purchases any commodity or service from any third party based on any advertising information released on Again;
⑥ Failure to apply Again and its services through the terminal due to abnormal information transfer caused by satellite transmission, telecommunications department and network service provider and other similar reasons;
⑦ Any user is unable to apply Again and its services caused by such natural disasters as earthquake and typhoon, or a war, strike, act of government or other related circumstances;
⑧ Other matters in connection with Again and its services, provided that those specifically stipulated hereof are excluded.
X. Liability for Breach
Where any loss is caused to CRATER due to any claim for compensation or request by any third party against CRATER on the basis that a user violates any national law or regulation or any provision hereof, or infringes any right of others, including any litigation cost, attorney fee, travel expense, compromise amount, penalty or any other damages as stipulated in any valid legal instrument, such user shall compensate CRATER for any and all losses suffered hereby and eliminate any effect.
XI. Other Terms
Chinese laws shall apply to the preparation, execution and interpretation and dispute resolution hereof. Any provision hereof that collides with any law of the People's Republic of China shall be deemed as invalid. Such term shall be re-analyzed to the extent being close to the intention of the initial agreement as far as possible, and other stipulations hereof shall have integrated force and effect. In case of any dispute between both parties, they agree to bring such dispute to the court in Chaoyang District, Beijing, for a settlement.