Cliponyu User Agreement
1. Special Notices
To obtain these Web Services, the service user (hereafter the "User") shall agree to the provisions of this Agreement in its entirety and complete the registration process as indicated on the page. By clicking on "Sign Up" during the registration process, the User wholly agrees to all provisions in the items of this Agreement.
By using the Web Services under this Agreement, User hereby declares that: (a) User is of the sufficient legal age (according to the prevailing regulations) and have the full legal capacity and are not prohibited to enter into and conclude a binding agreement, or (ii) you have obtained the consent from your parents or guardian to use the Web Services and to be bound by this Agreement. You also declare that the information you provide in the registration process is always correct, true, up to date and accurate.
This Agreement is an agreement between the User and Baidu (Hong Kong) Limited, a company registered in Hong Kong with its registered address at Rooms 2201-03,22/F.,World Wide House,19Des Voeux Road Central,HK P.R.C., being the developer of the Cliponyu Community product (“Cliponyu Community”).
The Cliponyu Community has the right to amend or modify this Agreement as it may consider necessary without further notice to User, including by way of announcing the amendment to the Web Services and the User agrees that by continuing to use the Web Services after the amendment or modification, the User agrees to be bound by the amended terms and conditions which has been modified. The User is fully required to know the modified and newest version of the Agreement by accessing the following link: http:// www.cliponyu.com/useragreement
For the purposes of this Agreement, the Cliponyu Community and the User shall be jointly referred to as the “Parties” and any one of them as a “Party”.
1.2 After the User is successfully registered, the Cliponyu Community will assign each user a user account and password, the safekeeping of which shall be the responsibility of the User. The User shall bear full legal liability for all behavior and activities conducted through their user account. The User shall indemnify and hold the Cliponyu Community free and harmless from any claims and/or lawsuits from any third parties arising out of the User’s use or unlawful use of the Web Services through its user account.
2. Web Services Content
2.1 The actual content of the Web Services is provided by the Cliponyu Community based on the situation, e.g., a live video broadcast, video on demand, music streaming, searches, networking, forums (BBS), chat rooms, email and the posting of comments, etc.
2.2 Some of the Web Services provided by the Cliponyu Community require payment. When the User uses such paid-for services, they will be required to pay the relevant charges to the Cliponyu Community. For paid-for Web Services, the Cliponyu Community will give the User explicit notice in advance. The User can only access such services if he/she confirms, as prompted, that he/she agrees to and pay the relevant charges. The User acknowledges and agrees that if the User chooses to decline to pay the relevant charges, the Cliponyu Community has the right to not provide such paid-for Web Services to the User.
2.3 Where payment in relation to the Web Services is required, the payments shall be subject to a separate Cliponyu Payment Policy which shall constitute an inseparable part of this Agreement, which may be obtained by accessing following link: http://www.cliponyu.com/pages?name=PaymentPolicy
2.4 The User understands that the Cliponyu Community merely provides the relevant Web Services, and that the User is solely responsible for his/her own required equipment (such as PC, cell phone or any other devices used for connecting to the internet or cellular network) relevant to these Web Services, as well as the necessary costs (such as telephone or internet charges for internet connection and cell phone charges for cellular network usage) thereof.
3. Modification, Suspension, Termination or Restriction of Service
3.1 In consideration of the unique nature of Web Services, the User acknowledges and agrees that the Cliponyu Community has the right, at its sole discretions, to modify, suspend or terminate part or all of these Web Services (including those requiring payment) at any time and from time to time. The Cliponyu Community may also impose limits on certain features and services or restrict the User’s access to part or all of these Web Services. If the modified, suspended, terminated or restricted Web Service is a free service, the Cliponyu Community is not obligated to notify the User and shall not have any liability in whatsoever forms to the User or any third party. If the modified, suspended or terminated Web Service is a paid-for service, the Cliponyu Community shall notify the User in advance of any modification, suspension or termination, and should provide affected users with an alternative paid-for service of equivalent value.
3.2 The User understands that the Cliponyu Community needs to perform scheduled or unscheduled repairs and maintenance on the platform providing the Web Services (such as the website or cellular network, etc.) and the relevant equipment. If such situations cause an interruption of paid-for Web Services for a reasonable duration, the Cliponyu Community shall not bear any liability to the User and/or to any third parties. However, the Cliponyu Community shall provide as much advance notice as possible.
3.3 The Cliponyu Community has the right to suspend, terminate or restrict provision of the Web Services under this Agreement at any time and is not obligated to bear any liability to the User or any third party, if any of the following events occur:
3.3.1 Personal information provided by the user is false;
3.3.3 The User does not make a payment to the Cliponyu Community, as stipulated, to cover the relevant service fees when using paid-for Web Services.
3.4 If the User's registered account for a free Web Service is inactive for 90 consecutive days, or the User's registered account for a paid-for Web Services is inactive for 180 consecutive days following expiration of the subscription period, then the Cliponyu Community has the right to delete the account and discontinue the provision of relevant Web Services to the User.
3.5 If the User's registered free account name violates any laws and regulations or national policies, or if it infringes upon the legal rights and interests of any third party, the Cliponyu Community retains the right to revoke the account name.
4.1 When applying to use the Cliponyu Community's Web Services, the User must provide accurate personal information and promptly update the information if any changes occur, and upon request from the Cliponyu Community, provide evidence to verify accuracy of the information given.
4.2 The User shall not transfer or loan his account or password to others. The User shall immediately notify the Cliponyu Community if he discovers unlawful use of his account by others. The Cliponyu Community shall not bear any liability, in whatsoever forms, if hacking or user negligence results in the unlawful use by others of the User's account or password.
4.3 The User agrees that the Cliponyu Community has the right to, when providing Web Services, place any type of commercial advertisement in any form or other types of commercial information (including, but not limited to, the placement of advertisements on any page of the Cliponyu Community website). The User also agrees to receive promotional or other relevant commercial information from the Cliponyu Community via email or other methods.
4.4 By using and/or uploading any live stream content or other content through a Cliponyu Community Web Services (including but not limited to forums, BBS, comments or personal microblogs) to publicly accessible areas of the Cliponyu Community website, the User grants to the Cliponyu Community the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.4.5 While using the Cliponyu Community Web Services, the User must abide by the following:
4.5.1 The User shall comply with all applicable laws and regulations in Indonesia;
4.5.2 The User shall comply with all agreements, stipulations and procedures applicable to the Web Services;
4.5.3 The User shall not use the Web Services system for any unlawful purposes which is in violation of the prevailing laws, decency and public policy;
4.5.4 The User shall not, in any shape or form, use Cliponyu Community Web Services to infringe upon the commercial interests of the Cliponyu Community, including but not limited to the posting of commercial advertisements without the express permission of the Cliponyu Community;
4.5.5 The User shall not use the Cliponyu Community Web Services system to engage in behavior that may adversely impact the normal operation of the internet or cellular network;
4.5.6 The User shall not use Web Services provided by the Cliponyu Community to upload, display or distribute any false, harassing, harmful, abusive, threatening, vulgar or obscene messages or information, or any other type of unlawful messages or information;
4.5.7 The User shall not infringe upon the patents, copyrights, trademarks, right to reputation or any other legal rights and interests of any third party;
4.5.8 The User shall not use the Cliponyu Community Web Services system to engage in any behavior detrimental to the interests of the Cliponyu Community;
4.6 The Cliponyu Community has the right to review and monitor the User's usage of the Cliponyu Community Web Services (including, but not limited to, review of content stored by the User on the Cliponyu Community website). If the Cliponyu, at its sole discretions, reasonably consider that the User violates any of the aforementioned stipulations when using the Web Services, the Cliponyu Community or its authorized agent has the right to request the User to rectify the situation or to directly take all necessary measures (including, but not limited to, modifying or deleting the content posted by the User, or suspension or termination of the User's rights to use the Web Services) to mitigate the impact of the User's improper conduct without requiring any approval from the User.
4.7 Any disclaimers, notifications or cautions regarding the usage of particular Cliponyu Community Web Services, which are issued through various methods (including, but not limited to, webpage announcements, emails and SMS reminders) shall be deemed to form part of this Agreement. Usage of such Web Services shall be deemed to be a confirmation of the User's acceptance of the content of such disclaimers, notifications and cautions.
4.8 The Cliponyu Community will limit access to information about the User to employees who we believe reasonably need to come into contact with that information to provide products or services to the User or in order to do their jobs.
5. Intellectual Property Rights
5.1 All text, data, images, graphics, audio and/or video information and other materials within the Web Services provided by the Cliponyu Community are property of Cliponyu Community are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by the Cliponyu Community to the User. The User is prohibited from copying, displaying, downloading, modifying, reproducing or creating any derivative works of such materials, directly or indirectly published, performed, rewritten or republished for performance or distribution purposes, or otherwise used for commercial purposes without prior written consent from Cliponyu Community. The entirety or any part of such information may only be.
stored on a computer for private and non-commercial use.
In further consideration of the unique nature of the Web Services, the Cliponyu Community shall not bear any liability for any loss or damage incurred by the User by using the Web Services, any compensation, in any form, to the User or any third party for delays, inaccuracies, errors or omissions, interruption or defect arising from the production, the operation, transmission, transfer or submission, communications-line failure, theft or destruction of all or part of the aforementioned information, nor for any losses or damages arising from, or caused by, such inaccuracies, errors or omissions or any unauthorized access of the Web Services.
5.2 Any intellectual property rights of any software (including, but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party used by the Cliponyu Community in the provision of Web Services belong to such third party copyright holder. The User may not reverse engineer, decompile or disassemble such software without the prior permission of the copyright holder.
5.3 By providing live-feed content or by uploading other content including but not limited to files, photographs, links, texts and images, User agrees to give the Cliponyu Community (including and all other users of the Web Services) an irrevocable non-exclusive royalty-free rights to use the UGC or any other content and their selection and arrangement for any purpose including publication, display, modification, and creation of derivative works.
6. Privacy Protection
6.1 The protection of user privacy is a fundamental policy of the Cliponyu Community. The Cliponyu Community guarantees that it will not publicly disclose or provide a third party with an individual user's registered information or non-public content, which is stored in the Cliponyu Community during the use of Web Services. However, the following circumstances are excluded:
6.1.1 When prior express authorization is obtained from the User;
6.1.2 When and as required by applicable laws and regulations;
6.1.3 When and as required by relevant competent authorities of the government;
6.1.4 When it is necessary to safeguard the public interest;
6.1.5 When it is necessary to safeguard the legal rights and interests of the Cliponyu Community.
6.2 The Cliponyu Community may collaborate with a third party to provide the User with relevant Web Services. In this scenario, the Cliponyu Community has the right to share the User's registered information with a third party, if the third party agrees to bear responsibility for providing privacy protection equivalent to that of the Cliponyu Community.
6.3 Under the condition that no private information of an individual user is disclosed, the Cliponyu Community has the right to analyze the entire user database and utilize the database for commercial purposes.
6.4 The User acknowledges and agrees that the User may, directly or indirectly, provide any of its personal information through its use of the Web Services and as provided under this agreement. For the purposes of this article, the User hereby agrees and consents to the use of the User’s personal information by the Cliponyu Community, and such shall be considered as the consent as stipulated under the prevailing Indonesian laws.
7.1 The User expressly agrees that he/she shall be fully responsible for any risks involved in using the Cliponyu Community Web Services. The User shall also be responsible for any and all consequences arising from the Use of Cliponyu Community Web Services, and the Cliponyu Community shall not bear any liability to the User.
7.2 Under no circumstance does the Cliponyu Community guarantee that the Web Services will satisfy the User's requirements, or guarantee that the Web Services will be uninterrupted. The timeliness, security and accuracy of the Web Services are also not guaranteed. The User acknowledges and agrees that the Web Services is provided by the Cliponyu Community on an “as is” basis. The Cliponyu Community make no representations or warranties of any kind express or implied as to the operation and the providing of such Web Services or any part thereof. The Cliponyu Community shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Web Services and shall not be responsible for any consequences which may arise from the User’s use of such Web Services.
7.3 The Cliponyu Community does not guarantee the accuracy and integrity of any external links that may be accessible by using the Web Services and/or any external links that have been placed for the convenience of the User. The Cliponyu Community shall not be responsible for the content of any linked site or any link contained in a linked site, and the Cliponyu Community shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Web Services by the User. Moreover, the Cliponyu Community shall not bear any responsibility for the content of any webpage that the User is directed via an external link that is not under the control of the Cliponyu Community.
7.4 The Cliponyu Community shall not bear any liability for the interruption of or other inadequacies in the Web Services caused by circumstances of force majeure, or that are otherwise beyond the control of the Cliponyu Community. However, as far as possible, the Cliponyu Community shall reasonably attempt to minimize the resulting losses of and impact upon the User.
7.5 The User agrees that the Cliponyu Community shall not bear any liability for any losses arising from inadequacies in the quality of the following products or services provided by the Cliponyu Community:
7.5.1 Web Services provided to the User free of charge;
7.5.2 Any complimentary products or services offered to the User;
The User agrees to safeguard and maintain the interests of other users. If the User violates the relevant laws and regulations, or any of the provisions of this Agreement, and in doing so causes damages to the Cliponyu Community or any other third party, the User agrees to bear full responsibility for compensation of any damages caused.
9. Changes to the Agreement
9.1 The Cliponyu Community has the right to make changes at any time to any provision of this Agreement. Once the contents of this Agreement have been modified, the Cliponyu Community will publish the contents of the modified Agreement directly on the Cliponyu Community website. This announcement shall be deemed to be a confirmation that the Cliponyu Community has notified users of the changes. The Cliponyu Community may also inform users of the details of the changes through other appropriate methods.
9.2 The User has the right to discontinue use of the Web Services if they do not agree to the changes made by the Cliponyu Community to relevant provisions of this Agreement. Continued use of the Web Services shall be deemed as an acceptance of such changes.
10. Delivery of Notifications
10.1 Under the terms of this Agreement, all notifications sent to users by the Cliponyu Community may be delivered via a webpage announcement, email, text message or post; such notifications shall be deemed to have been received by the recipient on the date sent.
10.2 Notifications from the User to the Cliponyu Community should be sent to the contact address, fax number, email address or other contact details officially issued by the Cliponyu Community.
11. Legal Jurisdiction
11.1 This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to choice of law principles. Should a dispute arise between the Parties in connection with this Agreement, the Parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after commencement of such friendly consultations, then the Parties agree that such and all disputes arising from the implementation of or in connection with this Agreement, including questions regarding its existence, validity or termination, shall be settled, referred to and finally resolved by the Hong Kong International Arbitration Centre (“HKIAC”), under its Rules of Arbitration for the time being in force, which rules are deemed to be incorporated by reference to this section. The arbitration shall be conducted in English by three (3) arbitrators from the then existing HKIAC list of arbitrators where each Party shall appoint one arbitrator and these two shall appoint a third arbitrator. The award shall be final and binding on both Parties. Expenses of the arbitrator(s) shall be divided equally between the parties.
11.2 The Parties shall keep confidential all information relating to the arbitration, including without limitation, the existence of arbitration proceedings (or the possibility thereof), the proceedings themselves, all statements given or made during the course of the proceedings, all documents and other information submitted by parties in connection with the proceedings, all documents and other information issued by the arbitrator and/or the arbitration centre and the arbitral award. Nothing herein shall be deemed to limit the parties’ rights to seek interim injunctive relieve from any court to prevent or curtail any breach of this Agreement.
12. Other Terms
12.1 This Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.
12.2 If any provision of this Agreement is rendered void or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.
12.3 The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.
12.4 Language: This Agreement is made in the English and the Indonesian languages and the Parties agree that in the event of any inconsistency between the English and the Indonesian language versions, then the English language version shall prevail and take precedence.
For notices for Cliponyu Community, it may be sent to the following address: