Service Agreement of LINYAO LIGHT LUX CO., LTD.
to LINYAO LIGHT LUX CO., LTD.!
accepting the Agreement, you are supposed to thoroughly read all contents of
the Agreement, and fully know its terms, especially restrictive clauses or
exceptions. Restrictive clauses or exceptions are bold or highlighted in other
forms to catch your attention. In case of any doubt for the terms of the
Agreement, please contact relevant business department of LINYAO LIGHT LUX CO., LTD.. You
are not allowed to use the service before you have read and accepted all terms
of the Agreement, relevant agreements and rules, etc. Once you select
"agree and submit the Agreement" (see registration page for detailed
wordings) and complete the registration procedure, or you use the service in
any form, it will be deemed that you have read and agreed with the restriction
of the Agreement and rules above. In case of any breach of the Agreement, LINYAO LIGHT LUX CO., LTD. has
the right to unilaterally restrict, suspend or terminate the service for you,
and has the right to investigate your relevant responsibilities.
Service Agreement (hereinafter referred to as "the Agreement") is
signed by you and LINYAO LIGHT LUX CO., LTD.. It
includes (but not limited to) LINYAO LIGHT
LUX CO., LTD. Privacy
Policy and other contents. In case of change, LINYAO LIGHT LUX CO., LTD. will announce by means of
the licensed software sending a message without further notification. Upon
announcement, the changed agreement and rules become a part to the Agreement
automatically, without further notification to you for your consent. In case of
objection to such relevant changes, stop use LINYAO LIGHT LUX CO., LTD.'s service; if you keep
using it, it will deemed as that you hold no objections against the changed
rules and agree to abide by them.
Definitions of Terms
Licensed software refers to software system developed by LINYAO LIGHT LUX CO., LTD.,
downloaded and installed and applied in specified system mobile terminals.
Services refer to services provided for you by LINYAO LIGHT LUX CO., LTD. and its suppliers. You can
use such services on the mobile terminal with the licensed software.
2.1 LINYAO LIGHT LUX CO., LTD.
offers you intelligent life equipment management services, based on which you
can access the intelligent terminals on LINYAO LIGHT LUX CO., LTD.and its suppliers'
smart platform through the LINYAO LIGHT LUX CO., LTD.Control,
and realize interlinkage among intelligent equipment. Service contents include
intelligent equipment management, scene interlinkage and analysis report, etc.
Such functions may be optimized or modified according to changes of users'
demands or judgment of service supplier, and service supply may be suspended
due to regular and irregular maintenance.
Scope of Service
enter the company name grants you with the right to use the product based on
You are prohibited to license, sell, lease, transfer, issue the product in any
form, or use the product for other commercial purpose. 3.2 Due to limitations
on software adaptation platform and terminals, you can only use the licensed
software in the authorized system platform and terminal; if you install the
licensed software on other terminal equipment, it may damage your hardware or
You acknowledge that the licensed software can only be used for non-commercial
purpose and installation, application and running of the licensed software is
prohibited. If such commercial operation is necessary, prior written authorization
and permission from LINYAO LIGHT LUX CO., LTD.shall
3.4 LINYAO LIGHT LUX CO., LTD.and
its suppliers may change, upgrade or transfer the licensed software or relevant
functions from time to time, and may add new functions or services in the
licensed software system. If no separate agreements are accompanied with the
aforesaid new functions or services, you are entitled to the corresponding
functions and services, which is also subject to the Agreement.
You shall be responsible for the accuracy, reliability, integrity and legality
of input data and legality of the way in which you obtain the data, and shall
back up data and information from time to time. You shall bear all risks for
damage and loss of such information.
You shall properly keep your account number and password. In case of any safety
loophole for your account (including but not limited to divulgence of user
password), you shall notify LINYAO LIGHT
LUX CO., LTD. in
time, and LINYAO LIGHT LUX CO., LTD.will
assist you in taking relevant measures. Otherwise, all behaviors related to
your account shall be assumed by you and you will bear all responsibilities.
You acknowledge that certain service of LINYAO LIGHT LUX CO., LTD. and its suppliers is based
on software or services provided by a third party. Such service is set to
facilitate your application and necessary legal authorization is obtained from
the third party.
The product includes certain information and services of the third party. LINYAO LIGHT LUX CO., LTD.and
its suppliers neither controls nor bears responsibility for information and
services of the third party.
You acknowledge that LINYAO LIGHT
LUX CO., LTD. and
its suppliers cannot guarantee that the licensed software always uses or
contains such services, or that other software provided by the same third party
will be used in future. Likewise, it may use similar services supplied by
another third party. Upon application, the aforesaid corresponding software or
services are subject to this Agreement.
Service Application Standard
shall use the licensed software in a normal manner. The following ways are in
breach of the application standard:
Issue or share computer virus, worms, malicious codes, or software that deliberately
damages or changes computer system or data;
Collect information or data of other users without authorization, for example,
email address and the like;
Maliciously use the product in an automatic way, causing over load to the
server, or interfere with or damage web server and network links in other
Attempt to visit server data or communication data of the product without
Interfere with or damage the production application by other users.
You understand and agree that:
1) LINYAO LIGHT LUX CO., LTD. will
determine whether or not you are involved in violation of standards above, and
suspend or terminate your application license according to determination
results or take other restrictions according to agreements.
2) LINYAO LIGHT LUX CO., LTD. will
directly delete information in breach of laws, or infringing others' legal
rights, or in breach of the Agreement issued by you when using the licensed
a third party suffers from damage due to your breach of application standards,
you shall independently bear legal responsibility in your name, and protect and
indemnify LINYAO LIGHT LUX CO., LTD. from
losses or additional expenses generated therefrom. Otherwise, LINYAO LIGHT LUX CO., LTD.has
the right to claim compensation.
4) If LINYAO LIGHT LUX CO., LTD. and
its suppliers suffers from any loss due to your breach of relevant laws or the
Agreement, you shall compensate LINYAO LIGHT
LUX CO., LTD. and
its suppliers for losses and (or) expenses generated therefrom.
Information Content Standard
You promise that you will not conduct any act in breach of laws or improper
behaviors by using the service, such act and behavior include (but not limited
Uploading, transferring or sharing information containing one of the following
Opposing the basic principles determined in the Constitution;
Endangering state safety, disclosing state secret, subverting state power and
sabotaging state unity;
Damaging state honor and benefit;
Inciting national hatred and discrimination and sabotaging national unity;
Destroying religious policy of the state and advocating heresy and feudalistic
Spreading rumors, disturbing social order and destroying social stability;
Spreading obscenity, porn, gambling, violence , murder and terror or abetting a
Insulting or slandering others and infringing on the legal rights and interests
Containing contents of sham, defraudation, harm, threat, infringement to
others' privacy, harassment, infringement, slander, coarseness, indecency, or
morally repulsive contents;
Containing other contents restricted or forbidden by applicable laws,
regulations, rules, provisions and other legal standards.
Private Policy and Data
is crucial for LINYAO LIGHT LUX CO., LTD. to
protect your personal information. LINYAO
LIGHT LUX CO., LTD. prepares LINYAO LIGHT
LUX CO., LTD. Privacy
which contents related to ownership and protection of intellectual property,
collection, use, share, storage and protection, etc. of your information are
disclosed. You are suggested to thoroughly readLINYAO LIGHT LUX CO., LTD.
Unless otherwise specified in laws and regulations, LINYAO LIGHT LUX CO., LTD. will
do its best to ensure the security, validity, accuracy and reliability of the
licensed software and technologies and information involved, but LINYAO LIGHT LUX CO., LTD. is
unable to guarantee the same due to restriction by available technologies
8.2 You understand that LINYAO LIGHT
LUX CO., LTD. will not assume responsibility for direct or indirect
losses caused by force majeure and default of a third party.
8.3 You shall be responsible for personnel injury or incidental or indirectly
injury caused by or related to one of the following accidents: 1) A third party
uses the licensed software or changes your data without permission; 2) Expenses
and losses produced by using the licensed software; 3) Your misunderstanding of
the licensed software; 4) Other losses related to licensed software caused by
reasons not attributable to LINYAO LIGHT
LUX CO., LTD..
8.4 Any other licensed software-derived software not developed and released by LINYAO LIGHT LUX CO., LTD. or
the development and release are not granted by LINYAO LIGHT LUX CO., LTD. is illegal software.
Downloading, installing and using such software may cause unpredictable risks. LINYAO LIGHT LUX CO., LTD.shall
be free from legal responsibilities and disputes generated therein and LINYAO LIGHT LUX CO., LTD. shall
have the right to suspend or terminate application license and/or other all
8.5 You have been informed of that the usage of LINYAO LIGHT LUX CO., LTD.and its supplier's smart platform[朱海舰2]
involves in Internet service, which may be affected by unstable factors in all
links. Although LINYAO LIGHT LUX CO., LTD. has
taken safeguard measures, the service may be suspended, terminated, delayed,
suffered from application restriction or application failure due to inherent
defects of Internet and e-communication as well as factors beyond reasonable
control of any party to the Agreement (including but not limited to fire,
flood, terrorist attack, pestilence, natural disasters, riot, terminal virus,
hacker attack, network fault and terminal fault). You hereby agree to bear
foregoing risks and agree that LINYAO
LIGHT LUX CO., LTD. is free from any responsibility when normal
running of services are influenced by the occurrence of foregoing risks.
Agreement Termination and Breach of Agreement
You should understand that you shall use the licensed software according to
authorization scope, respect intellectual property of software and contents
contained in the software, and perform obligations according to the Agreement
when using LINYAO LIGHT LUX CO., LTD.'s
services. LINYAO LIGHT LUX CO., LTD. will
terminate the application license if you are in material breach of the
Your application of the software relies on supporting services supplied by LINYAO LIGHT LUX CO., LTD.'s
related companies. Breach of terms, agreements, rules, annunciation and other
relevant regulations of LINYAO LIGHT
LUX CO., LTD. and
its related companies may cause failure in normal usage of licensed software,
in which case, LINYAO LIGHT LUX CO., LTD. shall
be entitled to terminate the application license, or take measures to restrain
your application license or other rights and interests controlled by LINYAO LIGHT LUX CO., LTD. as
agreed in the Agreement, including suspension or termination of your application
case of your breach of the Agreement or other agreements signed with LINYAO LIGHT LUX CO., LTD., LINYAO LIGHT LUX CO., LTD. and
its suppliers shall have the right to notify the related companies, requiring
them to take restrictive measures to your rights and interests, including
requiring related companies to suspend or terminate supplying part or whole
services for you, and legally announce your breach of agreement on websites run
or actually controlled by them.
The licensed software is downloaded from the downloading platform and you shall
abide by stipulations of the download platform, system platform and terminal
manufacture on application ways and restrictions of the licensed software. If
the above mentioned third party confirms that you are in breach of the
agreement and LINYAO LIGHT LUX CO., LTD. and
its supplier's treatment is required, LINYAO
LIGHT LUX CO., LTD. may terminate your application license at the third
When the application license terminates, you shall stop using the licensed
software and destroy all copies.
You must bear all compensation responsibilities if LINYAO LIGHT LUX CO., LTD. and other users suffer
from losses caused by your breach of terms in the Agreement.
Governing Laws and Severability
Effectiveness, explanation, change, execution and dispute settlement of the
Agreement are subject to laws of the People's Republic of China. If no relevant
laws and regulations are available, reference to general international business
practices and (or) industrial practices shall be made.
Dispute arising from or in connection with the Agreement may be settled by you
and LINYAO LIGHT LUX CO., LTD.
through friendly negotiation or submitted to People's Court of LINYAO LIGHT LUX CO., LTD. where
the Agreement is signed for adjudication.
When any term of the Agreement is judged to be invalid by the People's Court,
it will not influence the effectiveness of other terms or any part thereof, and
you and LINYAO LIGHT LUX CO., LTD. shall
perform the valid terms in good faith.
10.4 The Agreement is
signed in LINYAO LIGHT LUX CO., LTD..