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DiYiBo.com Terms of Use Updated on November 25th 2020
2019-11-25
Notice to all visitors, readers, writers, and members (herein referred to “users”) of DiYiBo.com Kindly read and adhere to our Terms of Use before entering DiYiBo.com
1.1 Acceptance of Terms
By using the service in any manner, including but not limited to accessing, visiting, browsing, scraping or crawling the DiYiBo.com domain name (“website”), you agree to be bound by these terms of use. These terms of use apply to all users of the service, including users who are also contributors of stories, images, videos, information, content and other materials or services on the website.
1.2 User Agreement
This User Agreement is between you and DiYiBo.com. By using and/or visiting DiYiBo.com or any content available through the Website, you signify your agreement to both these terms and conditions ("Terms of Use") and DiYiBo.com’s Privacy Policy, which is published at http://www.DiYiBo.com/privacypolicy (and incorporated herein by this reference), whether you are simply browsing the Website ("visitor"), or you have registered with DiYiBo.com ("Registered User").
1.3 User Registration
As a condition of using certain aspects of the Service, you will be required to register with DiYiBo.com and select a password and screen name (“Username”). You shall provide DiYiBo.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your DiYiBo.com account.
You shall not
● Select or use as a Username a name of another person with the intent to impersonate that person;
● Use as a DiYiBo.com Username a name subject to any rights of a person or entity other than you without appropriate authorization;
● Use as a Username a name that is otherwise offensive, vulgar or obscene.
1.4 Account Ownership
DiYiBo.com reserves the right to refuse registration of, or cancel a DiYiBo.com Username or account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your DiYiBo.com password. You shall never use another user’s account without such user’s express permission. You will immediately notify DiYiBo.com in writing of any unauthorized use of your account, or other account-related security breach of which you are aware. Although DiYiBo.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DiYiBo.com or others due to unauthorized use.
1.5 User Eligibility
Users of DiYiBo.com must be age of fourteen (14) years or older. As a user of DiYiBo.com, you represent and warrant
● That you are either more than the age of majority in your jurisdiction of residence, or possess legal or guardian consent and are competent to enter into an agreement to accept these Terms of Use and to use the Service;
● That all registration information you submit is accurate and truthful;
● That your use of the Service does not violate any applicable law or regulation.
DiYiBo.com may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
1.6 Website Updates
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://www.DiYiBo.com/tos/). DiYiBo.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1.7 Personal Use
DiYiBo.com is for the personal use of its users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by DiYiBo.com. You shall not collect or harvest any personally identifiable information, including authors' names. Appropriate legal action will be taken for any illegal or unauthorized use of the website. DiYiBo.com does not offer technical support for any third party software.
1.8 General Use of Website
DiYiBo.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that
● You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without DiYiBo.com 's prior written authorization.
● You agree not to alter or modify any part of the Website.
● You agree not to access User Submissions (defined below) or DiYiBo.com’s Content through any technology or means other than the Website itself.
● You agree not to use the Website for any commercial use, without the prior written authorization of DiYiBo.com. Prohibited commercial uses include any of the following actions taken without DiYiBo.com's express approval
sale of access to the Website or its related services on another website;
use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
advertising sales on DiYiBo.com or any third-party website, targeted to the content of specific User Submissions or DiYiBo.com’s Content; and
any use of the Website or its related services that DiYiBo.com finds, in its sole discretion, to use DiYiBo.com 's resources or User Submissions with the effect of competing with or displacing the market for DiYiBo.com, DiYiBo.com’s Content, or its User Submissions.
● You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the DiYiBo.com’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DiYiBo.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. DiYiBo.com reserves the right to revoke these exceptions either generally or in specific cases.
● You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.
● You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, DiYiBo.com’s guidelines or code of conducts, and all applicable local, national, and international laws and regulations.
DiYiBo.com reserves the right to discontinue any aspect of the Website at any time.
1.9 Trademarks
All trademarks, logos, service marks and trade names, which include “DiYiBo,” “DiYiBo.com” and the “DiYiBo.com” logo, (collectively, “Trademarks”) displayed on the Website or Service are registered or unregistered Trademarks of DiYiBo.com, its partners and/or others, and may not be used unless authorized by the Trademark owner. All Trademarks not owned by DiYiBo.com that appear on the Website or Service, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website.
2.0 Copyright Policy
DiYiBo.com shall have its absolute discretion to implement and revise its copyright policy from time to time without consent of any user. In the event that a user has been determined to have infringed, DiYiBo.com may terminate user access to the Website without prior notice. Please note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. You must have a belief that such content that you have seen on DiYiBo.com infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
If you find any content in our Website infringe your works, you may file a copyright infringement notification in form and in substance as below to us:
To report an infringement or violation of terms, email us and use this format
Email: contact@DiYiBo.com
Subject: Attn: Copyright Infringement Notification / From: [Full name] [email address] / Date: [Day/Month]
Email Body:
Copyright Infringement Notification
1. I, [full name] hereby confirm that the story highlighted below infringes my copyright.[state the details of the story or article…etc.]
2. Copyright of my work is governed by the law of [name of a country].
3. I include the title of the content concerned and the full URL of its page as follows:[insert URL]
4. I believe that [the text is copied, the entire story is a copy of an original work of mine, etc.]
5. The content of (e.g. an article, a drama, a book, a short story, a poem, etc.) and details of (e.g. title, publisher, dates, ISBN etc.) the copyright work is an infringement of my copyrighted work.
6. Optional: Here is a live on the Internet for your reference: [insert hyperlink]
7. Here is my email address: [email] At this address to contact me.
8. Here is my email address: [email] for the submitter of the content concerned to contact me and to resolve my complaint directly.
9. In good faith, I believe that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
10. I swear and affirm that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right by law to bring infringement proceedings with respect to its use.
Signature: [Full, Legal name]
2.1 Disputes
You are solely responsible for your interactions with other DiYiBo.com users. DiYiBo.com reserves the right, but has no obligation, to monitor disputes between you and other DiYiBo.com users.
2.2 Warranty and Condition Disclaimer
You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, DiYiBo.com, its officers, directors, employees, and agents disclaim all warranties and conditions, whether written, oral, express, implied, legal, statutory, contractual, extra-contractual, edictal or in tort, and whether arising by law, statute, usage of trade, custom, course of dealing or performance, or the parties' conduct or communication with one another, or as a result of the nature of these terms and conditions, the website and your use thereof or in conformity with usage, equity or law or otherwise. DiYiBo.com makes no warranties, conditions or representations about the accuracy or completeness of the website's content or the content of any sites linked to this website and assumes no liability or responsibility for
● any errors, mistakes, or inaccuracies of content,
● personal injury, property, bodily, moral or material damage of any nature whatsoever, resulting from your access to and use of the website,
● any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
● any interruption or cessation of transmission to or from the website,
● any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party,
● any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via this website.
DiYiBo.com expressly disclaims any warranty or condition of any kind of fitness for a particular or general purpose, quality, merchantability, workmanship, non-infringement, or title and ownership. DiYiBo.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the DiYiBo.com website or any hyperlinked the website or featured in any banner or other advertising, and DiYiBo.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. To the maximum extent permitted by law, the provisions of the United Nations convention on contracts for the international sale of goods are hereby disclaimed.
2.3 Limitation of Liability
In no event shall DiYiBo.com, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
● errors, mistakes, or inaccuracies of content,
● personal injury, property, bodily, moral or material damage of any nature whatsoever, resulting from your access to and use of DiYiBo.com website,
● any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
● any interruption or cessation of transmission to or from DiYiBo.com website,
● any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party,
● any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the DiYiBo.com website, whether based on warranty, contract, tort, or any other legal theory, and whether arising by law, statute, usage of trade, custom, course of dealing or performance, or the parties' conduct or communication with one another, or as a result of the nature of these terms and conditions or in conformity with usage, equity or law or otherwise, and whether or not the company is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that DiYiBo.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
2.4 Website Availability
DiYiBo.com makes no representations that DiYiBo.com Website is appropriate or available for use in other locations other than in Hong Kong. Those who access or use the DiYiBo.com Website from other jurisdictions (countries) do so at their own volition and are responsible for compliance with local laws.
2.5 Third Party Websites
This Website may contain links to third party websites that are not owned or controlled by DiYiBo.com. DiYiBo.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites, and such third party sites are in no way investigated, monitored or checked for accuracy or completeness by DiYiBo.com. Inclusion of any third party website on DiYiBo.com does not imply approval or endorsement of the linked website by DiYiBo.com. When you access these third-party sites, you do so at your own risk. By using the Website, you expressly relieve DiYiBo.com from any and all liability arising from your use of any third-party website. Please read the terms and conditions and privacy policy of each third party website that you visit.
2.6 Links from the Website to Third Party Websites
As a convenience for users, the Website may contain links to websites maintained by third parties. You acknowledge and agree that DiYiBo.com does not operate, control or endorse, in any respect, the information, content, products, services, advertising, or other materials that may be found on a third party website. When you link to a third party website, you become subject to their terms of use and privacy policy rather than to ours. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, your use of third party websites, and any reliance on the contents of a third party website is at your own risk.
2.7 Links to the Website from Third Party Websites
You agree that if you include a link from any other website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to link from any other website to the Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right, in our sole discretion, to revoke your right to link to the Website from any other website at any time. You agree to discontinue any link to the Website, when and as requested by DiYiBo.com.
2.8 Indemnity
You agree to defend, indemnify and hold harmless DiYiBo.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from
● Your use of and access to the DiYiBo.com Website;
● Your violation of any term of these Terms of Service;
● Your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right;
● Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the DiYiBo.com Website.
2.9 Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DiYiBo.com without restriction.
3.0 General User Terms
You agree that
● the DiYiBo.com Website shall be deemed solely based in Hong Kong;
● the DiYiBo.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over DiYiBo.com, either specific or general, in jurisdictions other than DiYiBo.com.
Unless prohibited by law, these Terms of Service shall be governed by the internal substantive laws of DiYiBo.com, without respect to its conflict of laws principles.
Unless prohibited by law, any claim or dispute between you and DiYiBo.com that arises in whole or in part from the DiYiBo.com Website shall be decided exclusively by a court of competent jurisdiction located in Hong Kong. These Terms of Service, together with the Privacy Notice at https://www. DiYiBo.com/privacy policy/ and any other legal notices published by DiYiBo.com on Website, shall constitute the entire agreement between you and DiYiBo.com concerning the DiYiBo.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such a provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DiYiBo.com’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such rights or provision. DiYiBo.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the DiYiBo.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND DiYiBo.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DiYiBo.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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