Laber End User License Agreement

Published on: June 20, 2020

Welcome to Laber (hereinafter referred to as “Laber”, “we” or “our”). Laber provides users with the service of sharing fresh things through images, videos and texts.

Our “Privacy Policy” explains how we and some of our partners collect, use, share and protect any software related to our mobile services, websites, or Laber services (collectively, the “Services”), as well as your choices regarding the collection and use of your information.

By using our “Services”, you understand and agree that we only provide you with a platform to post content, including photos, comments and other materials (collectively, the “User Content”), and to publicly share the “User Content”. This means that, subject to our “Privacy Policy” and the “Terms of Service” of the Service, other users may search, view, use or share any “User Content” that you publicly post through the “Service”. Our policy applies to all visitors, users and other visitors to the “Service” (collectively, “Users”).

1. General Provisions

Laber provides you with services in accordance with the following terms of service. These terms may be updated by Laber at any time without notice. Once the Laber User Agreement (hereinafter referred to as the "User Agreement") is changed, Laber will post the modified content on the web page. The revised User Agreement will take effect immediately upon posting on the web page and replace the original User Agreement.

You should read this User Agreement carefully before using any of the services provided by Laber. If you do not agree to this User Agreement and/or any changes to it at any time, please stop using all the services provided by Laber immediately; once you use Laber's services, you are deemed to have understood and fully agreed to the contents of this User Agreement, including any changes made by Laber to the User Agreement at any time, and become a Laber user (hereinafter referred to as "User").

2. Service Description

Laber currently provides users with the following services: users can share fresh things through GIFs and texts. Unless otherwise expressly provided in this User Agreement, any new features that enhance or enhance the current Service, including new products launched, are subject to the provisions of this User Agreement. You understand and agree that the Service is provided only as it is currently presented, and Laber is not responsible for any user information or personalization settings, such as timeliness, deletion, transmission errors, failure to store or any other problems. Laber reserves the right to suspend any part of the Service for maintenance, upgrade or other purposes without prior notice.

3. Compliance with Laws

You agree to comply with all relevant laws and regulations of the People's Republic of China and bear full responsibility for any actions and results of using your password and your account to use this service in any way. If your actions violate any provisions of national laws and regulations, and may constitute a crime, you will be held criminally liable and bear all legal responsibilities.

At the same time, if Laber has reason to believe that any of your actions, including but not limited to any of your speech and other actions, violate or may violate any provisions of national laws and regulations, Laber may terminate the service to you at any time without any prior notice.

4. Your Registration Obligations

In order to use this service, you agree to the following: Follow the registration prompts to fill in the correct phone number, password, and name, and ensure the validity and legality of the updated phone number, name, avatar, and other information in the future. If you provide any illegal, immoral, or information that Laber deems unsuitable for display on Laber; or Laber has reason to suspect that your information is a program or malicious operation, Laber has the right to suspend or terminate your account and refuse your use of all or part of this service now and in the future.

Laber is not responsible for any user's registration information, including but not limited to the responsibility of identifying, verifying the authenticity, correctness, completeness, applicability, and/or whether the registration information is up-to-date.

5. User Account, Password, and Security

After completing the registration process for this service and successfully registering, you can use your phone number and password to log in to your Laber account (hereinafter referred to as the “account”). It is your responsibility to protect the security of your account. You are fully responsible for all activities that occur using your password and account. You agree:

1) You will immediately notify Laber if your Laber account is used without authorization or if any other security issues occur;

2) Laber cannot and will not be liable for any loss or damage arising from your failure to properly safeguard your account and password;

3) Each user is fully responsible for all actions and events in their account. If you fail to properly safeguard your account and password and cause damage to yourself, Laber, or a third party, you will bear full responsibility.

6. Laber Privacy Policy

The registration information you provide and other information about you retained by Laber will be subject to the relevant Chinese privacy laws and the company’s “Privacy Policy”.

7. Provider’s Responsibility

In accordance with relevant laws and regulations, Laber hereby solemnly reminds you that any text, information, data, music, photos, graphics, videos, messages, or other materials (hereinafter referred to as “content”) that are published or uploaded through this service, whether publicly or privately transmitted, are the responsibility of the content provider. Laber only provides users with content storage space and cannot control the content transmitted through this service. Therefore, it does not guarantee the correctness, completeness, or quality of the content. You are aware that when using this service, you may be exposed to content that is unpleasant, inappropriate, or offensive. In any case, Laber is not responsible for any content, but Laber has the right to stop transmitting any of the aforementioned content in accordance with the law and take corresponding actions, including but not limited to suspending the user’s use of all or part of this service, retaining relevant records, and reporting to relevant authorities.

8. User Behavior

Users agree not to use this service for any illegal or improper activities, including but not limited to the following behaviors:

1) Posting or transmitting information containing any of the following:

* Opposing the basic principles established by the Constitution;

* Endangering national security, leaking state secrets, subverting state power, and undermining national unity;

* Damaging national honor and interests;

* Inciting ethnic hatred, ethnic discrimination, and undermining national unity;

* Destroying national religious policies, promoting cults and feudal superstitions;

* Spreading rumors, disrupting social order, and undermining social stability;

* Spreading obscenity, pornography, gambling, violence, murder, terror or instigating crime;

* Insulting or slandering others, infringing on the legitimate rights of others;

* Containing false, fraudulent, harmful, coercive, infringing on others' privacy, harassing, infringing, defamatory, vulgar, obscene, or other morally offensive content;

* Containing other content restricted or prohibited by Chinese laws, regulations, rules, ordinances, and any norms with legal effect;

* Containing content that Laber deems unsuitable for display;

2) In any way harm the legitimate rights and interests of others;

3) Impersonate any other person or entity, or falsely state or misrepresent your affiliation with any person or entity;

4) Publish, send emails, or transmit any content that you know but are not authorized to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

5) Publish or transmit any content that infringes on the copyright, patent, trademark, trade secret, or other proprietary rights (hereinafter referred to as "Proprietary Rights") of others;

6) Publish, send, or transmit any advertising letters, promotional materials, "junk mail," "spam," "chain letters," "direct mail," or any other form of solicitation;

7) Publish, send, or transmit any data containing computer viruses or other computer code, files, and programs designed to interfere with, disrupt, or limit the functionality of any computer software, hardware, or telecommunications equipment;

8) Interfere with or disrupt this service or servers or networks connected to this service, or violate any regulations, procedures, policies, or norms of networks connected to this service;

9) Stalk, dox, or otherwise harass others;

10) Intentionally or unintentionally violate any applicable local, national law, and any rules with legal effect;

11) Intercept, tamper with, collect, store, or delete personal information, site mail, or other data of others without legal authorization, or use such information for any illegal or improper purpose.

You acknowledge that Laber does not have full control over user behavior, and when you use any content, including relying on the accuracy, completeness, or usefulness of such content, you agree to judge for yourself and bear all risks, and not rely on Laber. However, Laber, at its sole discretion, may refuse and delete any content provided through this service that violates these terms or is otherwise objectionable to Laber.

You understand and agree that Laber may preserve or disclose content when required by law or in good faith for the following purposes or within a reasonable and necessary scope, as determined by Laber:

a) Comply with legal process;

b) Enforce this User Agreement;

c) Respond to any third-party claims;

d) Protect the rights, property, or personal safety of Laber, its users, and the public;

e) Other situations deemed necessary by Laber.

9. Special Warning for International Use

You acknowledge the borderless nature of the Internet and agree to comply with all local laws and regulations regarding online conduct and content. You specifically agree to comply with all applicable laws and regulations regarding the transmission of information from China or your country or region of residence.

10. Public Information Posted on Laber

1) In this User Agreement, “Publicly Accessible Areas of the Service” refers to areas accessible to the general public;

2) For content uploaded or posted by users on Laber, users should ensure that they are the copyright holder or have obtained legal authorization, and that such content does not infringe on the legitimate rights and interests of any third party. Users agree to grant Laber a free, irrevocable, perpetual, exclusive, sublicensable, and transferable license to use all such content worldwide, and Laber shall have the right to use such content in any manner not prohibited by law, including but not limited to display, promotion, and other means.

11. Disclaimer

1) The user expressly agrees that the risk of uploading text, information, data, music, photos, graphics, videos, information, or other personal data to the Internet, which may be copied, reproduced, or used for other purposes by other organizations or individuals, is borne entirely by the user; all consequences arising from the use of Laber services are also borne by the user, and we do not assume any responsibility for the user.

2) The promotion and publication of relevant text, information, data, music, photos, graphics, videos, information, or other personal data by official accounts such as Weibo and WeChat does not constitute an infringement of the user's relevant rights and interests, and Laber does not assume any responsibility.

3) Malicious comments against users on the website will be deleted upon user report, but we do not guarantee that the service will meet the user's requirements, nor do we assume any legal responsibility for such malicious comments.

12. Compensation

If any third party makes any claim or demand, including reasonable attorney's fees, arising from or resulting from the content you provide, publish, or transmit through this service, your connection to this service, your breach of this User Agreement, or your infringement of any rights of others, you agree to indemnify Laber and its subsidiaries, affiliates, officers, agents, co-branders, or other partners and employees, and hold them harmless from any damages, and assume all legal responsibility arising therefrom.

13. Prohibition of Commercial Activities

You agree not to reproduce, copy, sell, resell, or use for any other commercial purpose any part of this service or the use or access of this service.

14. General Measures for Use and Storage

You acknowledge that Laber has the right to establish general measures and restrictions regarding the use of this service, including but not limited to the maximum period for which content or other posted content will be retained by this service, and the maximum number of times you may use this service within a certain period of time (and the maximum duration of each use). Any information, communication data, and other content published or transmitted through this service, if deleted or not stored, you agree that Laber shall not be liable. You also agree that Laber has the right to change these general measures and restrictions at any time, with or without notice, at its sole discretion.

15. Modification of Service

Laber has the right to modify or terminate this service (or any part thereof) temporarily or permanently at any time, with or without notice. You agree that Laber shall not be liable to you or any third party for any modification, suspension, or termination of this service.

16. Termination of Service

You agree that Laber, at its sole discretion, may terminate your account or use of this service (or any part thereof) for any reason, including but not limited to lack of use, or Laber’s belief that you have violated the letter and spirit of this User Agreement, and may remove and delete any content within this service. You agree that any provision of this service under this User Agreement may be interrupted or terminated without prior notice, and you acknowledge and agree that Laber may immediately close or delete your account and all related information and files in your account, and/or prohibit further use of the aforementioned files or this service. In addition, you agree that if the use of this service is interrupted or terminated or your account and related information and files are closed or deleted, Laber shall not be liable to you or any third party.

17. Transactions with Advertisers and Other Third Parties

Your communication or business dealings with advertisers and other third parties through this website, or participation in promotional activities, including payment and delivery of related goods or services, and any other related terms, conditions, warranties, or representations, are solely between you and the advertiser and other third parties. Laber shall not be liable for any loss or damage of any nature arising from such transactions or from such advertisers and other third parties.

18. Laber’s Exclusive Rights

You understand and agree that this service and the related software used by this service (hereinafter referred to as the “Software”) contain proprietary confidential information protected by intellectual property and other laws. You also understand and agree that the content of sponsored advertisements or information presented to you by this service or advertisers is also protected by copyright, trademark, service mark, patent, or other proprietary rights laws. Without the express authorization of Laber or the advertiser, you may not modify, rent, lend, sell, distribute any part or all of this service or software, or create derivative works based on it, or use modified software, including but not limited to for the purpose of unauthorized use of this service. Laber grants you a personal, non-transferable, and non-exclusive right to use the object code of its software on a single computer, but you may not (and may not allow any third party to) copy, modify, create derivative works, perform reverse engineering, reverse assemble, or otherwise discover the source code, or sell, transfer, sublicense, or provide software security, or otherwise transfer any rights in the software. You agree to use this service through the interface provided by Laber and not through any other means.

19. Guarantee and Warranty

You clearly understand and agree:

1) Any provision of this usage agreement will not exempt Laber from any liability for causing personal injury to you or for causing financial loss to you due to intentional or gross negligence;

2) You bear the risk of using this service. This service is provided on an "as is" and "as available" basis. Laber does not provide any express or implied warranty or guarantee for this service, including but not limited to warranties or guarantees of merchantability, fitness for a particular purpose, and non-infringement of the rights of others;

3) Laber does not guarantee the following:

* This service will meet your requirements;

* This service will not be interfered with, provided in a timely manner, safe and reliable, or error-free;

* The results obtained from the use of this service are correct and reliable;

* Any products, services, information or other information obtained through this service or purchased by you will meet your expectations;

4) Whether to download or obtain any data using this service should be considered by you and at your own risk. Any damage to your mobile phone or loss of data caused by downloading any data shall be borne by you;

5) Any advice or information obtained by you from Laber or through this service, whether in written or oral form, unless expressly provided for in this usage agreement, shall not constitute any guarantee outside of this usage agreement.

6) If Laber and/or its partners use your portrait, name or other legal rights provided by you, you agree to authorize Laber and/or its partners to use your portrait, name and/or other legal rights.

20. Limitation of Liability

You clearly understand and agree that Laber shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, goodwill, use, data or other intangible losses, caused by the following reasons:

1) The use or inability to use this service;

2) The cost of replacing any goods, data, information, services, received messages, or transactions purchased or obtained through this service;

3) Unauthorized access to or alteration of your transmissions or data;

4) Any third party's statements or actions in this service;

5) Other matters related to this service, except as expressly provided for in this usage agreement;

6) Laber shall not be liable for any fraudulent information published or delivered by a third party in any way, or for inducing users to suffer economic losses.

21. Laber Trademark Information

Without the prior written consent of Laber, you agree not to display or use Laber and other Laber registered trademarks, logos, and product and service names in any way, or to represent that you have the right to display, use or otherwise process them.

22. Exclusive Rights of Users

Laber respects the intellectual property rights of others and calls on users to do the same.

Laber's services and materials are provided on an "as is" basis, and Laber expressly disclaims any express or implied warranties or guarantees for the "services", "materials" or "products", including but not limited to warranties or guarantees of merchantability, fitness for a particular purpose. Laber is not responsible for any direct, indirect, incidental, or consequential damages arising from the "services", "materials" or "products".

If you infringe on the intellectual property rights of others, Laber will, in accordance with the provisions of national laws and regulations, or in appropriate circumstances, delete specific content or terminate your use of the account in accordance with its terms of service or its relevant normative provisions.

Laber respects the rights of others (including intellectual property rights) and also requires our users to respect the rights of others. Laber may, in appropriate circumstances, decide to terminate the account of a user who infringes or violates the rights of others.

If you believe that your work's copyright has been infringed or your intellectual property rights have been violated, you should contact Laber in a timely manner and provide detailed evidence in accordance with the provisions of the "Regulations on the Protection of the Right to Network Dissemination of Information". Or please go to the National Copyright Administration of the People's Republic of China to download the "Notice of Request for Removal or Disconnection of Infringing Network Content" (hereinafter referred to as the "Removal Notice") in the model format. If you do not understand the content of the "Removal Notice", please log in to the National Copyright Administration of the People's Republic of China to view the "Notice of Request for Removal or Disconnection of Infringing Network Content" filling instructions.

23. General Terms

1) This usage agreement, community guidelines, and disclaimer constitute the entire agreement between you and Laber and govern your use of the service. When you use related services, use content or software provided by third parties, you should also comply with the applicable additional terms and conditions;

2) This usage agreement and your relationship with Laber are governed by the laws of the People's Republic of China. Any dispute between you and Laber regarding this service, this usage agreement, or other related matters shall be resolved through friendly negotiation. If the negotiation fails, it shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration. The arbitration award is final and binding on both parties;

3) Laber's failure to exercise or enforce any right or provision of this usage agreement shall not constitute a waiver of such right or provision;

4) If any provision of this usage agreement is invalid because it conflicts with the laws of the People's Republic of China, you still agree to make efforts to give effect to the intentions of the parties as reflected in the provision, and the other provisions of this usage agreement shall remain in full force and effect;

5) The headings of this usage agreement are for convenience only and have no legal or contractual effect;

6) As long as you log in to Laber, you acknowledge all the above agreements.

7) Laber has the final right of interpretation of this usage agreement.