Leading Bird Culture™ Account Registration Agreement
Last Updated: July 29, 2022Welcome to apply for the products and services provided by Xi'an Leading Bird Culture Communication Co., Ltd. (hereinafter collectively referred to as "Leading Bird Culture™"). Please read and fully understand the following content carefully. Clauses that limit or exempt liability, as well as other clauses involving significant user rights (such as breach penalties, dispute jurisdiction, etc.), will be highlighted in bold or underlined to draw your attention.
I. Confirmation and Acceptance of Service Terms
1.1 These service terms constitute an agreement between the user and Leading Bird Culture™ regarding the registration and use of the products and services provided by Leading Bird Culture™.If the user chooses to accept these service terms by confirming on the page or by any other explicit or implicit means, or by downloading, installing, logging in, etc., it indicates that the user has reached an agreement with Leading Bird Culture™ and voluntarily accepts all the contents of these service terms.If the user disagrees with any content of these service terms, please do not register for a Leading Bird Culture™ account (hereinafter collectively referred to as "System Account") or use the related products and services provided by Leading Bird Culture™.
1.2 The scope of these service terms applies to all products and services provided by Leading Bird Culture™ through the registration and use of the System Account (hereinafter collectively referred to as "System Services"), unless otherwise explicitly stated by Leading Bird Culture™. When using any single service of Leading Bird Culture™, the user will be bound by these service terms. When using each single service of Leading Bird Culture™, the user agrees to comply with the service terms of that single service and various announcements and rules issued by Leading Bird Culture™ in that single service (hereinafter collectively referred to as "Single Terms"). In this case, the Single Terms and these service terms will simultaneously apply to the user. If there is a conflict between the Single Terms and these service terms, the Single Terms shall prevail within the scope of the conflict.
1.3 Leading Bird Culture™ reserves the right to modify these service terms and each Single Term as necessary through reasonable means such as announcements on the webpage. Users should promptly review and understand the modified content and consciously comply with these service terms and the relevant terms of the single service. If the user continues to use the products and services involved in these service terms, it will be deemed as acceptance of the modified content. In the event of a dispute, the latest terms will prevail. If the user disagrees with the modified content, they have the right to stop using the products and services involved in these service terms.
II. System Account Service Overview
2.1 The "System Account" referred to in these service terms is a legal and valid account registered by the user with Leading Bird Culture™. The main forms of the account include:
(1) Accounts registered using an email address;
(2) Accounts registered using a mobile phone number.
2.2 The user understands and confirms that the System Account is a digital identifier authorized by Leading Bird Culture™ for registered users to use Leading Bird Culture™ in accordance with these service terms. Within the scope permitted by laws and regulations, the ownership of the System Account, as well as the service data and records related to the registration and use of the System Account, including but not limited to all registration, login, consumption records, product logs, customer service records, and related usage statistics, belong to Leading Bird Culture™ or the specific product operation entity.
2.3 After the user completes the System Account registration procedure, Leading Bird Culture™ authorizes the user to use the products and services provided by Leading Bird Culture™ in accordance with these service terms or for other purposes explicitly permitted by Leading Bird Culture™, in accordance with Leading Bird Culture™'s service rules. Leading Bird Culture™ provides various services to users through its operating system via the international internet. Users must:
(1) Provide equipment such as personal computers, mobile phones, or other internet devices;
(2) Pay for personal internet access and related service fees.
III. System Account Registration Rules
3.1 The user confirms that they should have the civil capacity appropriate to their actions as stipulated by the laws of the People's Republic of China when registering or using the System Services, ensuring they can independently bear responsibility for all actions taken using the System Services.If the user does not have the aforementioned qualifications, please read these service terms accompanied by a guardian and register and use the System Services only after obtaining the guardian's consent to these service terms and the use of the System Services. Leading Bird Culture™ reserves the right to seek compensation from the guardian if the user is required to bear responsibility according to legal provisions or these service terms.
3.2 The user must also ensure that they are not subject to any trade restrictions, sanctions, or other legal or regulatory restrictions imposed by any country, international organization, or region, and that they do not directly or indirectly provide funds, goods, or services to such entities. Otherwise, they should stop registering or using the System Services. The user understands that violating the aforementioned requirements may result in their inability to register and use the System Services normally and bear all adverse consequences arising therefrom.
3.3 System Account registration information includes but is not limited to the user's account name, avatar, password, all information entered during registration or updating of the account, and all information entered when using various single services of Leading Bird Culture™, such as names and avatars. The user promises to comply with laws and regulations when registering a System Account, not infringing on national interests, social public interests, citizens' legitimate rights and interests, public order, social morality, etc., and not including illegal or harmful information in the System Account registration information. The user guarantees that when registering and using the account, they will not engage in the following behaviors:
(1) Violating laws and regulations;
(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Damaging national honor and interests, harming public interests;
(4) Distorting, defaming, desecrating, or denying the deeds and spirit of heroes and martyrs, or infringing on the names, portraits, reputations, and honors of heroes and martyrs through insults, defamation, or other means;
(5) Promoting terrorism, extremism, or inciting the implementation of terrorist or extremist activities;
(6) Inciting ethnic hatred or discrimination, undermining ethnic unity;
(7) Undermining national religious policies, promoting cults and feudal superstitions;
(8) Spreading rumors, disrupting social order, undermining social stability;
(9) Spreading obscene, pornographic, gambling, violent, murderous, terroristic content, or inciting crimes;
(10) Insulting or defaming others, infringing on others' legitimate rights and interests;
(11) Containing other content prohibited by laws and administrative regulations.
If the account registration information provided by the user to Leading Bird Culture™ is inaccurate, untrue, or contains illegal or harmful information, Leading Bird Culture™ has the right to refuse registration and reserves the right to terminate the user's use of the System Account and System Services. If the user obtains account registration through false information or if the account avatar, personal profile, and other registration information contain illegal or harmful information, Leading Bird Culture™ has the right to take measures such as notifying the user to correct it within a time limit, suspending use, or canceling the registration. For accounts registered in the name of affiliated institutions or social celebrities, Leading Bird Culture™ has the right to cancel the account and report it to the competent government authorities, and has the right to hold the user accountable.
3.4 According to relevant laws and regulations and considering the importance of System Services, the user agrees:
(1) To submit personal valid identity information for real-name authentication when registering a System Account (including but not limited to mobile phone numbers that have been legally registered and authenticated, real names, ID card numbers, etc.);
(2) To provide necessary, accurate account registration information and continuously update the registration information to enable Leading Bird Culture™ to assist the user or provide better services.
If the information submitted by the user is untrue, incomplete, or inaccurate, they may not be able to use the System Services or may be restricted during use. Leading Bird Culture™ reminds users that the ID number filled in when registering or updating the account cannot be modified after the account is successfully registered or supplemented. Please fill in various registration information carefully.
3.5 The user agrees that the real, accurate, and legal account registration information they provide is the only evidence to determine the association between the user and their account and the user's identity. While enjoying various services of Leading Bird Culture™, the user agrees to accept various information services provided by Leading Bird Culture™. In the event of a dispute, the user agrees to use the system data of Leading Bird Culture™ or the specific product operation entity as the standard, and Leading Bird Culture™ guarantees the authenticity of the data.
IV. Changes, Suspension, Cancellation, or Termination of Services
4.1 Leading Bird Culture™ is constantly changing and improving its services. Leading Bird Culture™ may add or remove functions, or suspend or completely stop a service. The user agrees that Leading Bird Culture™ may choose to terminate the System Account service or other services based on its own business decisions. If such a situation occurs, Leading Bird Culture™ will notify the user through reasonable means such as website announcements. Except in cases explicitly stipulated by law, Leading Bird Culture™ has the right to directly process balance refunds (if any) for the user without their application.
4.2 If a user's illegal or infringing behavior is confirmed by a valid legal document from a national administrative or judicial authority, or if Leading Bird Culture™, based on its own judgment, believes that the user's behavior is suspected of violating these service terms or the usage rules published by Leading Bird Culture™ from time to time, or is suspected of violating laws and regulations, Leading Bird Culture™ has the right to directly suspend, interrupt, or terminate the provision of services to the user without any notice and without bearing any responsibility.
4.3 Leading Bird Culture™ has the right to independently decide the service standards for System Account services or other System Services provided to individual users based on actual conditions, such as the maximum storage period of data for individual users in System Services.
4.4 Users can back up relevant data in System Account services or other System Services according to their needs. If the user voluntarily stops using the relevant services or the services are terminated or canceled, Leading Bird Culture™ has the right to permanently delete the user's data from the server. After the service is stopped, terminated, or canceled, Leading Bird Culture™ has no obligation to return any data to the user and will not refund any fees that the user has paid but not yet used.
V. User Privacy Policy
Respecting user privacy is a fundamental policy of Leading Bird Culture™. Leading Bird Culture™ will collect, store, use, disclose, and protect users' personal information in accordance with the privacy policy published on the website (("Leading Bird Culture™ Privacy Policy"))Please read the aforementioned privacy policy in its entirety to better protect your personal information. If the user is a minor, please notify the guardian to read and confirm together, and be sure to seek the guardian's consent and guidance before using the service and submitting personal information.
VI. Account Security and Protection
6.1 The user's account is set by themselves and kept by the user. The user should maintain the confidentiality and security of the password and account. If the user fails to keep their account, password, or other information (including but not limited to account registration information, operation records) secure and causes damage to the user, Leading Bird Culture™, or a third party, the user will bear full responsibility.
6.2 Leading Bird Culture™ authorizes the use of the System Account according to these service terms, limited to the initial applicant. Without the explicit permission of Leading Bird Culture™, the initial applicant shall not give, lend, rent, transfer, or sell the System Account or allow other entities to use the System Account in any other way. Otherwise, the user shall bear any responsibility and consequences arising therefrom. At the same time, Leading Bird Culture™ reserves the right to suspend, interrupt, or terminate the use of the account without notice and to hold the aforementioned actors accountable.
6.3 The user agrees that if they discover any illegal use of their account or security vulnerabilities, they are obligated to immediately notify Leading Bird Culture™. Leading Bird Culture™ will assist the user in freezing the account, changing the password,or making other security settings. The user understands and agrees that Leading Bird Culture™ needs reasonable time to take action on their request and is not responsible for any consequences (including but not limited to any loss to the user) that occur before taking action or caused by the user.
6.4 To protect the security of the user's account and enable the user to use the System Services more securely, Leading Bird Culture™ may continuously upgrade and improve our security protection measures. If Leading Bird Culture™, based on its own judgment, finds that the user's account has or may have security risks such as being hacked, to protect the user's account security and prevent property loss, it may take certain measures, including but not limited to requiring the user to verify/change/bind a security phone, change the password, etc. The user needs to cooperate with Leading Bird Culture™ to perform the corresponding account protection operations. The user understands and agrees that if they refuse the System Account protection operations or fail to pass the System Account protection operations, Leading Bird Culture™ has the right not to restore the use of the account or to restrict some or all functions of the account.
6.5 If the System Account cannot be logged in normally due to the user's forgetting or losing the password or other reasons, the user can take corresponding measures according to the situation of the account through the "Forgot Password" option:
(1) If the account has been bound to a security phone or email, the user can verify through the security phone or email. If the verification is successful, the user can reset the password and continue to use the account;
If the account has not been bound to a security phone or email, or the password cannot be retrieved through the bound security phone or email, the user can apply to Leading Bird Culture™ for account recovery. After the account recovery application is approved, the user can reset the password to achieve normal login. During the account recovery process, to ensure the security of the user's account, the user should cooperate and truthfully provide identification and related materials for verification and matching with the system records. Leading Bird Culture™ will continuously take various measures to improve the account recovery process, but the account recovery result depends on the accuracy, completeness, and validity of the information and materials submitted by the user, as well as other factors. The user should fully understand that their account recovery application may not necessarily be approved, and Leading Bird Culture™ has the right to decide whether to approve the user's account recovery application based on various factors.
.6 If the System Account is involved in administrative or judicial investigations, or if there are disputes, conflicts, or security risks for other reasons, Leading Bird Culture™ may temporarily freeze the corresponding account. During the account freeze period, the user cannot initiate a recovery application, and Leading Bird Culture™ also has the right not to accept or approve the recovery application.
6.7 Leading Bird Culture™ to complete necessary verifications. The user understands and agrees that Leading Bird Culture™ cannot accurately know whether the user's mobile phone number and email are in effective use. Given the potential secondary use of mobile phone numbers and emails after being recycled by operators,to ensure the security of the user's account, if the user no longer effectively uses the mobile phone number and email, they must back up the relevant materials of the System Account in advance, promptly delete the data related to the account, and apply for account cancellation. The user shall bear any responsibility and consequences arising from their failure to take timely backup, cancellation, and unbinding measures.
VII. User Conduct Guidelines
7.1 Users understand and agree that Leading Bird Culture™ is committed to providing a civilized, healthy, and orderly online environment. Users must comply with all applicable local, national, and international laws when using the System Services and must not engage in illegal activities, disrupt the normal operation of the System Services, or infringe on the legitimate rights of other users or third parties.
7.2 Users must not create, copy, publish, or disseminate the following information on the System Services pages or through the System Services:
(1) Information that violates the basic principles established by the Constitution;
(2) Information that endangers national security, leaks state secrets, subverts state power, or undermines national unity;
(3) Information that damages national honor and interests;
(4) Information that distorts, defames, desecrates, or denies the deeds and spirit of heroes and martyrs, or infringes on the names, portraits, reputations, and honors of heroes and martyrs through insults, defamation, or other means;
(5) Information that promotes terrorism, extremism, or incites the implementation of terrorist or extremist activities;
(6) Information that incites ethnic hatred or discrimination, undermines ethnic unity;
(7) Information that undermines national religious policies, promotes cults and feudal superstitions;
(8) Information that spreads rumors, disrupts social order, or undermines social stability;
(9) Information that spreads obscene, pornographic, gambling, violent, murderous, terroristic content, or incites crimes;
(10) Information that insults or defames others, infringes on others' legitimate rights and interests;
(11) Information that incites illegal assemblies, associations, marches, demonstrations, or gatherings to disrupt social order;
(12) Information that engages in activities in the name of illegal civil organizations;
(13) Information that may induce minors to imitate unsafe behaviors, violate social morals, or develop unhealthy habits, thereby harming the physical and mental health of minors;
(14) Information that spreads commercial advertisements, or similar commercial solicitation information, excessive marketing information, and spam;
(15) Information that is meaningless or deliberately uses character combinations to evade technical review;
(16) Information that contains content prohibited by laws, administrative regulations, or other content that violates social public order and good customs.
7.3 Users must not engage in the following activities using the System Services:
(1) Deliberately creating or spreading computer viruses or other destructive programs, illegally intruding into others' networks, interfering with the normal functions of others' networks, stealing network data, or other activities that endanger network security;
(2) Providing programs or tools specifically used for activities that endanger network security, such as intruding into networks, interfering with normal network functions and protective measures, or stealing network data, or knowingly providing technical support, advertising promotion, payment settlement, or other assistance to those engaged in activities that endanger network security;
(3) Establishing websites or communication groups for illegal activities such as fraud, teaching criminal methods, or producing or selling prohibited items or controlled items;
(4) Publishing, transmitting, disseminating, or storing content that infringes on others' rights to reputation, portrait, privacy, intellectual property, trade secrets, or other legitimate rights, or engaging in other activities that infringe on others' legitimate rights;
(5) Publishing, transmitting, or disseminating harassment, advertising information, and spam;
(6) Interfering with or disrupting the normal operation of the System Services, or other activities that endanger the security of computer information networks;
(7) Other activities that violate any relevant laws, regulations, rules, ordinances, or other legally binding norms, as well as all other regulations and procedures of Leading Bird Culture™.
7.4 Unless permitted by law or with written permission from Leading Bird Culture™, users must not engage in the following activities during the use of the System Services:
(1) Deleting information about intellectual property rights on the application programs and their copies of the System Services;
(2) Reverse engineering, decompiling, or disassembling the application programs of the System Services, or attempting to discover the source code of the application programs of the System Services by other means;
(3) Using, renting, lending, copying, modifying, linking, reprinting, compiling, publishing, establishing mirror sites, or other activities involving the intellectual property content owned by Leading Bird Culture™;
(4) Accessing the computer information network or system of the System Services or using computer information network resources;
(5) Copying, deleting, modifying, adding, hooking up, or creating any derivative works of the application programs and functions of the System Services, the running instructions, stored/processed or transmitted data, including but not limited to using plugins, add-ons, or third-party tools/services not authorized by Leading Bird Culture™ to access the System Services and related systems; or operating or disseminating software or methods for the above purposes, whether for commercial purposes or not;
(6) Logging in or using the System Services through third-party software, plugins, add-ons, systems not developed or authorized by Leading Bird Culture™, or creating, publishing, or disseminating the above tools;
(7) Interfering with the application programs and their components, modules, or data of Leading Bird Culture™ by oneself or authorizing others or third-party software;
(8) Other activities not explicitly authorized by Leading Bird Culture™.
7.5 Users promise not to use the services of Leading Bird Culture™ for sales or other commercial purposes without the consent of Leading Bird Culture™. If users need to use the services for commercial purposes, they should notify Leading Bird Culture™ in writing and obtain explicit authorization from Leading Bird Culture™.
VIII. Liability and Limitation of Liability
8.1 Users must bear legal responsibility for all actions under their System Account, including any content posted by users and any consequences arising from others using the user's computer, mobile phone, or account. If users or others using the user's account infringe on the civil rights of others using Leading Bird Culture™'s services, users shall bear legal liability for infringement. The forms of legal liability borne by users include but are not limited to compensating the infringed party and compensating Leading Bird Culture™ for any administrative penalties or infringement damage compensation first borne by Leading Bird Culture™ due to the user's actions.
8.2 Users understand that if Leading Bird Culture™ discovers or receives reports or complaints from the infringed party that the user's behavior violates relevant laws and regulations or these service terms, Leading Bird Culture™ has the right to take measures such as restricting, suspending, freezing, or terminating the user's use of the System Services at any time without notice, and to preserve relevant information and report to the relevant national authorities in accordance with laws and regulations. Users shall bear all losses arising therefrom (including but not limited to communication interruptions, clearing or inability to use user data, virtual property, related data,value-added services, products, or services), and Leading Bird Culture™ will not refund any fees paid but not yet used by the user.
8.3 Users understand that to ensure the security of the System Services and the consistency of product functions, Leading Bird Culture™ will periodically update the System Services. Users should update the software to the latest version. If users do not update to the latest version in time, Leading Bird Culture™ does not guarantee that users can use the System Services normally.
8.4 Leading Bird Culture™ will make every effort to maintain the security and convenience of all services on the System Account but does not assume any responsibility for the deletion or storage failure of information (including but not limited to user-published information) in the services.
8.5 Unless caused by Leading Bird Culture™, Leading Bird Culture™ is not obligated to refund any fees already collected.
8.6 To the extent permitted by laws and regulations, Leading Bird Culture™ is not liable for any indirect, punitive, special, or consequential damages related to or arising from these service terms.
IX. Force Majeure and Other Exemptions
Users understand and agree that due to the particularity of the internet, the following situations may occur during the use of the System Services, causing service interruptions. In such cases, Leading Bird Culture™ is not considered to be in breach of contract, and Leading Bird Culture™ will be exempt from liability for any losses caused to users:
(1) Force majeure, including but not limited to natural disasters, epidemics, government actions, promulgation or adjustment of laws and regulations, wars, turmoil, communication line interruptions, network attacks, virus invasions, network failures, technical adjustments by telecommunications departments, and government control, which are unforeseeable, insurmountable, and unavoidable objective circumstances;
(2) Service interruptions due to maintenance, equipment inspection, system upgrades, or optimization of the data center by Leading Bird Culture™;
(3) Risks such as service or system login failures, incomplete system information synchronization, or slow page opening speeds caused by network issues such as unstable network signals, small network bandwidth, network congestion, or system or equipment failures;
(4) Service interruptions or terminations caused by the user's own or third-party reasons, including improper user operations, software or hardware failures of third-party product or service providers.
X. Notifications and Advertisements
10.1 All notifications sent to users can be transmitted via email, public accounts, regular mail, or announcements on prominent positions on the website. Leading Bird Culture™ will convey messages to users through one of the aforementioned methods to inform them of modifications to the service terms, service changes, or other important matters.
10.2 Users agree that Leading Bird Culture™ may publish various forms of commercial and non-commercial advertisements, notifications, and short messages multiple times and for a long period through the System Services, including but not limited to placing advertisements on the login page and any page after logging into the System Services, sending advertisement emails, public account messages, and short messages to users of the System Services, and attaching advertisements and/or advertisement links to emails sent by users of the System Services.
XI. Intellectual Property Statement
11.1 The ownership of all Leading Bird Culture™ products and the intellectual property rights of related software involved in providing services belong to Leading Bird Culture™.
(1) The content provided by Leading Bird Culture™ includes but is not limited to text, software, images, audio, video, graphics, program codes, interface designs, layout frameworks, data materials, accounts, etc., that are not uploaded/provided by users. The intellectual property rights and related intellectual achievements of all these contents belong to Leading Bird Culture™ and are protected by copyright, trademark, patent, and other related laws. Without authorization from Leading Bird Culture™, users must not use the aforementioned content, and users must not engage in activities such as copying, selling, reproducing, or recreating the aforementioned content without permission.
(2) The registered accounts of Leading Bird Culture™, as well as other marks and the names of Leading Bird Culture™ products and services, are trademarks of Leading Bird Culture™ (hereinafter referred to as "Copyright Marks"). Without prior written consent from Leading Bird Culture™, users must not use or otherwise handle the Copyright Marks and other marks that Leading Bird Culture™ enjoys related rights in any illegal or unreasonable way, nor must they indicate to others that users have the right to use the Copyright Marks.
11.2 Leading Bird Culture™ respects intellectual property rights and pays attention to protecting the rights enjoyed by users. In the System Services, users may need to provide content to Leading Bird Culture™ through various means such as uploading and publishing. Users promise that the content they publish and upload when using the services provided by Leading Bird Culture™ (including but not limited to text, images, audio, video, software code, and all content protected by intellectual property rights) is original or legally authorized. When providing content, users grant Leading Bird Culture™ a global free license to use, disseminate, reproduce, modify, sublicense, translate, adapt, create derivative works, publish, perform, and display such content. Users specifically authorize Leading Bird Culture™ to take legal actions, including but not limited to complaints and lawsuits, in its own name or by entrusting a third party to protect the intellectual property rights of the content uploaded and published by users.
XII. Applicable Law and Dispute Resolution
12.1 These service terms are governed by the laws of the People's Republic of China, excluding the application of any conflict of laws principles.
12.2 In the event of a dispute arising from the use of services under these service terms, users and Leading Bird Culture™ shall resolve the dispute through friendly negotiation. If the negotiation fails, users agree to submit the dispute to the court where Leading Bird Culture™ is located for litigation.
XIII. Special Reminder for Teenage Users
Teenage users must abide by the National Youth Network Civilization Convention:
Be good at online learning and do not browse harmful information; be honest and friendly in communication and do not insult or deceive others; enhance self-protection awareness and do not meet online friends casually; maintain network security and do not disrupt network order; be beneficial to physical and mental health and do not indulge in virtual time and space.
XIV. Validity Period of System Account
14.1 Users are aware that the System Account has a validity period and agree to log in and use the System Account from time to time to extend its validity period. If the user's System Account is not logged in for 180 consecutive days, Leading Bird Culture™ has the right to freeze or terminate all or part of the System Services under the account and reclaim the System Account;
14.2 After the account is reclaimed, all information and data related to the System Account and all services under the System Account will be deleted and cannot be recovered, and users will no longer be able to continue using the corresponding account.
14.3 Logging in refers to entering the products and services provided by Leading Bird Culture™ through System Account password authentication.
XV. Miscellaneous
15.1 If Leading Bird Culture™ does not exercise, fails to exercise in time, or does not fully exercise the rights enjoyed under these service terms or according to law, it shall not be deemed as a waiver of such rights, nor shall it affect Leading Bird Culture™'s future exercise of such rights.
15.2 If any clause in these service terms is completely or partially invalid or unenforceable for any reason, the remaining clauses of these service terms shall still be valid and binding, and Leading Bird Culture™ and users shall make every effort to achieve the intended purpose of the invalid clause.
15.3 The titles in these service terms are for convenience only and shall not be used as a basis for interpreting these service terms.
If users have any questions about the content of these service terms, they can contact customer service for consultation or log in to the help center for inquiries.