Lenovo File Hosting Service Agreement

1. Scope of Agreement
Thank you for using the internet-based Lenovo file hosting related services provided by us in accordance with the provisions of this Lenovo File Hosting Service Agreement (this “Agreement”). All the software, hardware and services related to this Agreement are collectively referred to as the “Services”. This Agreement is entered into by you and Beijing Legend Tiaopin Technology Limited (“we” or “our company”, and “our” or “us” shall have the corresponding meaning). Any reference to “you” in this Agreement shall mean any entity or individual who registers, subscribes for or uses the Services. “Lenovo File Hosting Service” shall mean the service products provided by us to the users for online storage, including but not limited to Lenovo commercial file hosting service and Lenovo enterprise file hosting service, etc. This Agreement shall apply to any Lenovo File Hosting Service, including upgrade and update of the hardware, services and software used by you during the term of this Agreement.

2. How to Obtain the Services
For the purpose of obtaining the Services, please register a Lenovo account as instructed on the registration page of the Services, maintain the validity of such account and execute this Agreement in accordance with Article 3 hereof.

3. Execution of this Agreement
You may not use the Services unless you accept the terms and conditions of this Agreement. For the purpose of execution of this Agreement, you shall reach the age of legal capacity as stipulated by applicable laws; if you are under such age of legal capacity, the execution of this Agreement shall be completed by your parent or legal guardian. The following acts will indicate that you have understood and accepted the terms and conditions of this Agreement: (a) your click on the “I Agree” or “I Accept” button to confirm that you agree to or accept the online version of this Agreement; (2) your execution of the hardcopy version of this Agreements with us; or (3) your actual use of the Services (including any third-party service provided together with the Services). If you accept this Agreement online, you may use the printing function of your browser to print the online version of this Agreement for the purpose of internal record.

4. Details of the Services For the details of the Services, please refer to the brief introduction and/or function description with respect to the Services. We reserve the right to adjust the details or mode of the Services (including but not limited to the terms of the Services) as necessary. The details or mode of the Services so adjusted, or the brief introduction and/or function description based thereon, will become an integral part of this Agreement and will be notified to you by our company in an effective way. Please check and comply with the adjusted terms of the Services from time to time.

5. Service Period and Service Fee
The Services under this Agreement are provided on a paid basis. Subject to your confirmation that you are willing to accept the Services and your payment of relevant service fees to us (“Subscription”, and “Subscribe” or “Subscribed” shall have the corresponding meaning), we will provide the Services to you within a specific period (“Service Period”). We shall have the right to adjust the rate for service fee from time to time on a case by case basis, but such adjustment will have no impact on the Services you have already Subscribed.
Under certain circumstances, even though you have not paid any Service fees, we may make preparation for providing the Services to you, which including but not limited to incurring some expenses, after recognition of your intention to subscribe for the Services. In such case, you shall compensate the losses we bear resulted from this preparation if you do not pay the corresponding service fees within a reasonable time; but the compensation amount shall in no event exceed the annual service fees for such Services. We may provide a free trial period to you. If you intend to continue to use the Services, you shall pay service fees prior to the expiry of the trial period. If you fail to pay service fees prior to the expiry of the trial period, we will cease the Services to you but retain the Services-related data in your Lenovo account for a grace period. If you pay service fees within such grace period, we will resume the Services to you as soon as possible. The Service Period shall commence from the expiry date of the trial period.
The service fees shall not include any expenses incurred due to your access to Internet or mobile network. Regardless of whether the Services are provided on a paid basis, any expenses payable to a third party, including telecom carrier, due to your use of the Services, such as telephone bill or SMS bill, shall be solely borne by yourself. For the purpose of obtaining further Services, you shall pay further service fees prior to expiry of each Service Period. If you fail to timely pay further service fees, we will cease the Services to you but retain the Services-related data in your Lenovo account for a grace period. If you pay service fees within such grace period, we will resume the Services to you as soon as possible. Each Service Period shall commence from the expiry date of the last Service Period. If you fail to pay relevant service fees within the said grace period, then you will be deemed as having terminated the use of the Services, and we will cease the Services to you. You understand and agree that, in that case, we may delete any information, data and other materials stored in your Lenovo account based on the Services (“Data”), and will bear no liability for such deletion.
(For the specific duration of each period set forth in the above provisions, please refer to relevant service descriptions.)

6. How to Use the Services
When using the Services, you shall:
comply with any applicable laws, including applicable international treaties or conventions;
comply with all the agreements, principles, provisions, procedures or notices in connection with the Services;
immediately notify us of any illegal use of or security bug in your account that you have become aware of;
ensure the security of the Data uploaded and stored by you, e.g. the Data shall be free from any virus, Trojan or other maladies software; and properly and timely backup your Data.

7. Prohibitions
When using the Services, you shall not:
use the Services to engage in any activity which may have an adverse effect on the normal operation of Internet or mobile network;
use the Services to upload, demonstrate, duplicate, distribute, broadcast or otherwise transmit any materials containing any illegal or immoral information, including but not limited to those materials which:
(1) oppose the fundamental principles determined in the Constitution;
(2) endanger State security, divulge State secrets, subvert State power or damage national unity;
(3) impair the dignity or interests of the State;
(4) assault the government and governmental officers;
(5) disseminate rumors, disturb social order or disrupt social stability;
(6) incite ethnic hatred or racial discrimination or damage inter-ethnic unity;
(7) propagate obscenity, pornography, gambling, violence, murder or terror or incite the commission of crimes;
(8) sabotage State religious policy or propagate heretical teachings or superstitions;
(9) insult or slander a third party or infringe upon the lawful rights and interests of a third party;
(10) instigate others to hold any assembly, to form any association, or to parade or demonstrate in unlawful ways, or assemble a crowd to disrupt social order;
(11) engage in any activity in the name of an illegal non-governmental organization;
(12) contain any false, deleterious, threatening, infringing upon third party’s privacy, harassing, disoperative, slanderous, vulgar, salacious or otherwise morally disgusting content;
(13) are documents or information which may infringe third party’s rights or interests, such as (including but not limited to) virus code, hacker program or registration information for software cracking; or
(14) include any other content restricted or prohibited by laws, regulations or ordinances or any other rules having legal force and effect.
use the Services to infringe the intellectual property rights or any other legal rights or interests of a third party;
use the Services in such a manner which may impair the interests or reputation of us or our affiliates, dealers, distributors and/or suppliers, or the interests or reputation of any clients thereof;
engage in or promote any illegal activity by using or through the Services;
use any part of the Services as a target link to any unsolicited bulk or commercial information (including but not limited to all kinds of junk mails);
access and/or use the Services by using any automatic process or service;
modify or modify the connection to, or attempt to modify or modify the connection to, the Services without any authorization;
damage or destroy the Services (or any network connected to the Services) or cause the Services unworkable or to work overload or disrupt the use and enjoyment of the Services by any other person; or
resell or redistribute the Services or any part of the Services.

8. Consequence of Breach
If you breach any provision of this Agreement when using the Services, we shall have the right to require you to remedy such breach or directly take responsive measures, including but not limited to: (a) block, modify or delete the Services-related Data in your Lenovo account; (b) suspend the Services to you; and/or (c) terminate the Services to you, so as to minimize the influence of your misconduct. In that case, we shall have no obligation to retain the Services-related Data in your Lenovo account or transmit such Data to you or any third party designated by you.
Any penalty, investigation, accusation, claim or demand resulted from or incurred due to your conduct shall be settled by you at your own expense; and any losses and liabilities arising therefrom shall be solely borne by you.
You shall, at your own expense, defend and hold harmless us, our suppliers, clients or employees, against any penalty, investigation, accusation, claim or demand initiated by any third party against us due to your conduct, immediately upon your receipt of our notice. In addition, we reserve the right to claim against you for any losses sustained by us due to your conduct.
If the Services are terminated due to your breach of this Agreement, no fees paid by you shall be refunded, unless otherwise agreed herein.

9. Change of Services
You understand and agree that, we may regularly or irregularly examine, repair, maintain and update the Services’ website or relevant equipments so as to better meet clients’ demand or update our products or perform technical improvement. For any suspension of the Services for a reasonable period due to such reasons aforementioned, we promise to make reasonable efforts to inform you thereof in advance; and such informing shall be our exclusive liability under such circumstance.
In consideration of the particularity and unpredictability of Internet service, the Services or any part thereof may have to be changed, suspended or terminated at any time for various reasons. We will as practical as possible make commercially reasonable efforts to send a prior notice of such change, suspension or termination (but we are not obligated to sending such notice), and endeavor to provide substitute services equivalent to the Services, including extension of the Service Period, etc. If we are unable to provide or if you refuse to accept such substitute services, we will refund the balance of service fees paid by you deducting the fees of Services actually used by you. Upon the termination of the Services for whatever reason, your right to use the Services shall be terminated accordingly, and the Data stored in your Lenovo account based on the Services may become irrecoverable.

10. Intellectual Property Rights
All the rights, titles or interests in or to the Services or any part thereof or the software and any text, image, graph, audio and/or video provided through or together with the Services (“Materials”), including but not limited to all Intellectual Property Rights, shall be enjoyed by us or a third party. These Materials are protected by laws on copyright, trademark and/or other property ownership. You agree not to modify, adapt, translate, produce derivative works from, decompile, reverse engineer or disassemble, or through other ways to attempt to derive source code from, the Services or the Materials or extract a substantial part thereof for any other application. You also agree not to remove, obscure or alter the copyright notice, trademark or other proprietary right notice by us or any third party, attached to or contained in the Services or accessed together with or through the Services. “Intellectual Property Rights” means any and all rights available from time to time under patent law, copyright law, trade secret law, trademark law and anti-unfair competition law and any and all other proprietary rights, and any and all applications therefor and renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Unless otherwise expressly specified herein, nothing in this Agreement shall be construed as the assignment by a party to the other party of any copyright, patent, trade secret, trademark or other Intellectual Property Rights held thereby.

11. Information Collection and Privacy Protection
We promise that we will not actively disclose the Data stored by you in your Lenovo account based on this Agreement to a third party, unless we have to do so subject to any laws, regulations, judgments, rulings (including procedures according to summons, orders from a court or the government) or requirements by Stock Exchange. Under such circumstances, we will timely notify you.
We will collect some of your information for the purpose of collaboration and providing the Services. We will use and protect the information so collected in accordance with our privacy policy. We may access or disclose relevant part of your information only for the following purposes: (a) to comply with laws or assist in investigation or enforcement by a judicial and/or enforcement authority; or (b) to protect the rights, properties and security of the public.
In order to provide the Services to you, we may collect some information relating to the status of the Services, your equipment and your use of the Services. Our company shall have the right to automatically upload such information from your equipment. The information so collected and uploaded will not constitute an identification of your personal status.
You may read details of our privacy policy by visiting http://www.lenovo.com.cn/Public/public_bottom/privacy.shtml.

12. Limited Warranties
We warrant that we will provide the Services in a professional manner consistent with de facto standards in this industry. You shall inform us of any inconsistency of the Services provided by us with this warranty within ninety (90) days since the Services are provided. Some parts of the Services may be provided by a third party. We will make commercially reasonable efforts to mark the third party provider thereof (in any) on relevant pages.
The parties agree that what we provide under this Agreement are services, rather than goods. Therefore, we have made no warranty or representation with regard to the Services other than as set forth hereinabove and hereby disclaim any other warranties or conditions, whether express or implied, including but not limited to those with respect to merchantability, applicability for a specific purpose and non-infringement.
You understand that the Services are provided based on continuously developing technologies and in reliance upon telecommunication, Internet and other third-party services and, therefore, may fail to satisfy the users’ demand due to disruption, delay, information leakage or other problems to the Services, caused by unstable factors including but not limited to force majeure, computer virus or hacker attack, unstable system, user’s location, user’s equipment shutdown, or breakdown of GSM network, Internet or communication circuit. All of such risks shall be solely borne by you. We make no absolute warranty on the promptness, security or accuracy of the Services and bear no liability for failure of timely and accurate storage, sending, receipt and reading of Data, or any other similar problems caused by the said factors.
You will decide whether to use the Services at your sole discretion and bear any liabilities arising from such decision.
If applicable laws prohibit the exclusion of some implied warranties by contracts, then to the greatest extent prohibited by such applicable laws, the above exclusion of implied warranties does not apply to you, and you may continue to enjoy the rights which are so prohibited to be excluded or restricted by contracts.

13. Limitation of Liabilities
If the Services provided by us are inconsistent with the above warranty, we will make commercially reasonable efforts to correct the errors in and re-provide the Services. If we are unable to materially correct any error therein in a commercially reasonable manner, you may terminate the Services and be refunded your advance payment for the unused Services. The foregoing has set out all remedies available to you and all liabilities to be borne by us for such inconsistency.
Notwithstanding any other provisions of this Agreement, we bear no liability or obligation for: (a) any amount exceeding the total service fees received by us hereunder; (b) any cost and expense incurred for obtaining substitute goods, technologies, services or rights; (c) any services that shall be provided by a third-party service provider or (d) expense, expense increase or loss incurred due to the interruption or delay of the Services or the damage or loss of Data, whether based on this Agreement or any contract, negligence, strict liabilities or any other legal principle, even if we have received a prior notice about possibility of compensation for damages above mentioned. We will in no case be liable for any indirect, incidental or consequential damage or loss of profit. If laws of your country or region prohibit the exclusion or limitation of some liabilities by contract, then to the greatest extent prohibited by such law, the above liability limitation or exclusion provisions shall not apply to you.

14. Amendment
Without prejudice to your material right to enjoy the Services, we reserve the right to amend the provisions of this Agreement as necessary. We will provide a reasonably prior notice of any amendment to this Agreement via (a) webpage announcement; (b) e-mail; and/or (c) SMS. Please read the up-to-date version of this Agreement at https://www.vips100.com/tiaokuan_en.html (or any other website otherwise provided by us) from time to time to learn about any amendment hereto. If you do not accept any amendment to this Agreement, please cancel and cease your use of the Services before such amendment comes into force. If you do not cease your use of the Services, you shall use the Services in accordance with the provisions of this Agreement so amended.

15. Termination
This Agreement shall become effective as of the date of execution or the date when Services are actually provided, whichever is earlier, and remain valid until it is terminated by either party hereto. Upon the occurrence of any of the following events, either party may terminate this Agreement according to the corresponding reasons: (a) if you violate the requirements set forth in this Agreement on the use of Services or other matters, we will send you a written notice and require you to cease or rectify the acts aforementioned within a specified period; if you fail to cooperate within such specified period, this Agreement will automatically terminate on the closing date of such specified period, and we will bear no liabilities or costs for such termination and consequences thereof; (b) if you fail to pay the relevant service fees prior to the expiry of grace period specified herein, this Agreement will automatically terminate; or (c) if we terminate the Services, we will send you a fifteen(15) days’ prior written notice, and suggest you timely removing all Serviced-related Data in your Lenovo account.
Upon the termination of this agreement due to the expiry of its term or for any other reason, the [Intellectual Property Rights], [Limited Warranties], [Limitation of Liabilities], [Information Collection and Privacy Protection] and [Termination] and other provisions of this agreement that shall survive based on their nature shall survive and remain in force and effect until they have been fully performed.

16. Construction
Should any provision of this Agreement is held invalid or unenforceable in whole or in part for whatever reason, the parties hereto shall replace such provision with a provision that can best reflect the intention of such invalid or unenforceable provision, and the remaining provisions of this Agreement shall remain valid and binding. This Agreement shall constitute the complete agreement between the parties hereto on the subject matter of this Agreement and other relevant matters and shall supersede any prior agreement or representation on your use of the Services. The headings herein are inserted only for convenience and shall not affect the construction of this Agreement. In case of any discrepancy between this Agreement and Lenovo Account Registration Agreement, this Agreement shall prevail.

17. Assignment
We may assign or subcontract this Agreement in whole or in part at any time with prior notice. You shall not assign this Agreement or any part hereof to any other person. Any assignment made by you shall be null and void. You shall not assign your right to use the Services or any part of the Services to any other person, whether permanently or temporarily.

18. No Third-party Beneficiary
This Agreement shall only inure to the benefit of the parties hereto and shall not inure to the benefit of any third party other than the permitted successors or assignees.

19. Governing Law
This Agreement shall be concluded and construed in accordance with the applicable laws of the mainland of the People’s Republic of China (excluding Hong Kong and Macau). Any dispute and conflict arising from or in connection with the performance and interpretation of this Agreement shall be submitted to a court having jurisdiction at the place where we domicile for ruling.

20. Trademark
“Legend”, “Lenovo”, “Lenovo联想”, “联想”, “LenovoData”、“LenovoLabs” and other logos of Lenovo are trademarks or registered trademarks of Lenovo (Beijing) Limited or its affiliates in mainland China and/or other countries or regions. Other products, trade names and trademarks referred to herein are trademarks or registered trademarks of their respective holders. Any reference of such products, trade names and trademarks is only for explanation and does not indicate any relevance between the Services and the said company or organization owning such trademarks. We reserve all rights that are not expressly granted hereunder.