Gardenotes User Service Agreement

Updated date: February 23, 2023

Effective Date: December 11, 2022

Special Note

Welcome to use the Gardenotes platform provided by China Beijing Linguagua Technology Co., Ltd. (hereinafter referred to as Linguagua). Please be sure to carefully read and fully understand the following content, especially the clauses exempting or limiting the liability of Linguagua, the clauses restricting the rights of users, and the clauses agreeing on the applicable law and jurisdiction, etc. Restrictions, exemption clauses or other clauses involving your major rights and interests may be highlighted in bold to remind you to focus on them .

If you are under the age of 18, or have other circumstances that do not have the civil capacity to adapt to the user's behavior, please read this agreement with the company and guidance of your legal guardian ("guardian"), and ensure that the guardian agrees to this agreement Use the Gardenotes platform after content. You and your guardian shall bear the corresponding consequences of agreeing to this agreement and using the Gardenotes platform in accordance with laws and regulations.

Unless you have fully read, fully understood and accepted all the terms of this agreement, you have no right to use the Gardenotes platform. If you do not agree to this agreement or any of its terms, you should stop using the Gardenotes platform immediately. If you click "Agree", or you use the Gardenotes platform, or accept this agreement in any other express or implied way, you are deemed to have read and agreed to this agreement. This agreement is legally effective between you and Linguagua Company, and becomes a legal document binding on both parties.

1. Definition and scope of agreement

1.1 Definition

• Gardenotes platform: refers to the website with the domain name Gardenotes.com, the "Gardenotes" client software, and the associated websites or software relying on the aforementioned websites or software.
• Linguagua Company or us: Refers to the operator of the Gardenotes platform, namely Beijing Linguagua Technology Co., Ltd. and its affiliated companies.
• Gardenotes platform service: means that Linguagua provides you with content browsing, content publishing and other functions or services including but not limited to collection, commenting, sharing, reposting, platform activities and other functions or services through the Gardenotes platform, specifically the actual provided by Linguagua prevail. At the same time, Linguagua has the right to add, shut down or make other adjustments to the functions or services provided.
• Gardenotes account: refers to the account that users may need to register when using the Gardenotes platform services. The user can register and obtain an account on the Gardenotes platform as a credential for logging in and using the Gardenotes platform.
• User: Refers to the user of the Gardenotes platform, more referred to as "you" in this agreement.
• Bad information: Refers to information that contains the following content:
  • Violating the basic principles determined by law, inciting resistance or undermining the implementation of laws and regulations such as the Constitution;
  • Endangering national sovereignty and territorial integrity, endangering national security, damaging national dignity, honor and interests, and promoting terrorism and extremism;
  • Slandering the excellent cultural traditions of the nation, inciting ethnic hatred and discrimination, infringing on ethnic customs and habits, distorting ethnic history and historical figures, hurting ethnic sentiments, and undermining ethnic unity;
  • Propagating religious fanaticism, endangering religious harmony, hurting the religious feelings of religious citizens, undermining the unity of religious citizens and non-religious citizens, and propagating cults and superstitions;
  • Endangering social morality, disrupting social order, undermining social stability, promoting obscenity, gambling, drug use, exaggerating violence and terror, abetting crimes or teaching criminal methods;
  • Violating the legal rights and interests of minors or damaging the physical and mental health of minors;
  • Insulting, slandering or disseminating the privacy of others, infringing on the legitimate rights and interests of others;
  • Violating the bottom line of laws and regulations, the bottom line of citizens' legitimate rights and interests, the bottom line of social public order, and the bottom line of morality;
  • Other content prohibited by laws and regulations.

1.2 Scope of Agreement

• This agreement is an agreement between you and Linguagua about your download, installation, and use of the Gardenotes platform, including the text of this agreement, the "Gardenotes Privacy Policy" and the policies that have been released or may be released/updated by Linguagua in the future. Various rules, norms, notices, etc. that are notified through reasonable means . All rules are an integral part of this agreement and have the same legal effect.

2. Account Management

2.1 Account acquisition

• The Gardenotes platform provides you with a registration and login channel. You can fill in the information according to the prompts on the page, read and agree to this agreement, and become a user of the Gardenotes platform after completing all the registration and login procedures. You also need to fill in your real identity information in accordance with laws and regulations (if any), otherwise you may not be able to use the Gardenotes platform service or be restricted in the process of using the Gardenotes platform service. You understand and agree that you are obliged to maintain the authenticity, validity and completeness of the information you provide.
• The account you registered for is the credential for you to log in and use the Gardenotes platform as a user, and you should use it carefully and keep it safe. You are responsible for all activities and conduct on your account. You will be solely responsible for account theft, password loss, and illegal use of the account due to your poor storage.
• You shall not maliciously register a Gardenotes account, including but not limited to frequent registration, batch registration, registration using another person's identity, or other account registration behaviors that are not for the purpose of using the Gardenotes platform services normally.

2.2 Account Information Settings

• The account information such as the name, avatar and profile that you set when registering or using the Gardenotes platform should abide by the principles of laws and regulations, social morality and information authenticity, and no harmful information should appear, and no false use of other people's names, names, font sizes, and avatars Waiting or adopting other methods that are sufficient to cause confusion to set up an account shall not infringe the legitimate rights and interests of a third party.

2.3 Account use and ownership

• Some third-party websites or services can use the Gardenotes account as one of their login methods. You know that these websites or services are not operated by the company unless specifically stated by the company, and you should judge the safety and availability of such third-party websites or services by yourself, and bear the relevant risks and responsibilities yourself.
• Since your account is associated with your personal information and business information on the Gardenotes platform, your account can only be used by you. Without the consent of Linguagua, your act of directly or indirectly authorizing a third party to use your account or obtain information under your account is invalid. If the company judges that the use of your account may violate laws and regulations, endanger the security of your account and/or the information security of the Gardenotes platform, the company may refuse to provide corresponding services or terminate this agreement. Linguagua has the right to ban or cancel or reclaim the account according to the situation, and you and the user of the account shall bear the losses caused by it, including but not limited to content, emptying of virtual property and so on.

2.4 Account Cancellation and Recovery

• You can independently cancel your Gardenotes account on the GardenotesApp platform, but you should still be responsible for your actions before canceling your account or during the use of Gardenotes platform services . After the cancellation is successful, unless otherwise stipulated by laws and regulations, the company will not provide you with account records, content, virtual property recovery or provide services, please operate with caution.
• You understand and agree that in order to make full use of account resources, if you do not log in for the first time after registration or do not log in and use the account for more than six consecutive months, and there is no continuous Gardenotes platform service that has not expired or has not been fulfilled Yes, Linguagua has the right to take back your account. If your account is revoked, you will not be able to log in and use the Gardenotes platform through your previously held account, and the personalized settings and usage records saved under your account will also not be restored.

2.5 Handling of account violations

• If you have any violations of laws and regulations or violations of this agreement when you register or use your Gardenotes account, Linguagua has the right not to register; Unilateral measures such as short-term bans, permanent bans, account cancellations, etc.

3. Service content and fees of Gardenotes platform

3.1 Content browsing

• You can browse and subscribe to various information and content through the Gardenotes platform. You must make your own judgment on the content of the Gardenotes platform and bear the risks arising from the use of the content. Except as expressly provided by laws and regulations, you shall be solely responsible for your purchase or transaction due to such content or the damage or loss suffered by you due to the aforementioned content . In addition, most of the content comes from the Internet, and we are not responsible for the validity and authenticity of the content, please check it yourself.

3.2 Content Publishing

• You can use the Gardenotes platform to publish opinions, texts, information, pictures and other content that belong to you or that you have the right to express. Any content or information you publish on the Gardenotes platform does not represent the views, positions or policies of Linguagua Company. Unless otherwise specified by laws and regulations, you must independently bear the responsibility for the content you publish.
• When you publish content through the Gardenotes platform, you must abide by relevant laws and regulations, and you must not use the Gardenotes platform to produce, copy, publish, disseminate, and store any information that violates laws and regulations, endangers national security, or may cause losses to user property safety or information security. Marketing information , vulgar inappropriate information, bad information, and false information.
• You are not allowed to use new technologies such as deep learning and virtual reality to produce, publish and disseminate false content information on the Gardenotes platform.

3.3 Goods and service transactions

• The Gardenotes platform does not currently provide trading services for goods and services.

3.4 Content sharing and forwarding

• You can share and forward the information content of the Gardenotes platform, but without the written permission of Linguagua, you are not allowed to copy, read, adopt, count the information content and related data of the Gardenotes platform, or conduct any sales and commercial use , or disclose, provide or allow a third party to use it in any way.

3.5 Activity Participation

• You can participate in various online and offline interactive activities organized by the company from time to time through the Gardenotes platform, but you must not take any improper or cheating means to participate in the activities , otherwise the company has the right to restrict or cancel your participation in the activities Qualification, and has the right to cancel and recover the rewards you have obtained and received, and pursue your legal responsibility .

3.6 Service Fees

• Linguagua has paid a lot of costs for the Gardenotes platform services provided to you. Except for the services explicitly charged by the Gardenotes platform, the Gardenotes platform services provided to you by Linguagua are free of charge. If Linguagua charges you reasonable fees in the future, Linguagua will take reasonable measures and notify you in advance within a reasonable period of time to ensure that you have the full right to choose.
• When Linguagua lowers the charging standard of paid services or changes the fee-based services to free services, Linguagua reserves the right not to provide refunds or fee adjustments to the original paying users.

4. Rights and licenses

4.1 Platform statement

• [Platform intellectual property rights] The content provided by the Gardenotes platform, including but not limited to video, graphics, text expressions and their combinations, interface design, layout framework, icons, trademarks, etc., except for software and content authorized by third parties, is It belongs to Linguagua Company and is protected by laws and regulations such as the Copyright Law of the People's Republic of China, Trademark Law, Patent Law, Anti-Unfair Competition Law and international treaties. Without the written permission of Gardenotes, users are not allowed to use, copy, reproduce, or create derivative products related to the content for any purpose.
• [Platform Usage Specifications] Unless permitted by laws and regulations or with the written permission of Linguagua Company, you are not allowed to engage in the following acts:
  • Reverse engineer, disassemble, decompile the Gardenotes Platform, or otherwise attempt to discover the source code of the Gardenotes Platform;
  • Directly or indirectly steal the video, graphics, user information and other information content of the Gardenotes platform in any way (including but not limited to hotlinking, redundant theft, illegal grabbing, simulated downloading, deep linking, counterfeit registration, etc.);
  • Log in or use the Gardenotes platform through third-party software, plug-ins, plug-ins, systems that are not developed, authorized, or licensed by Linguagua, or interfere with, destroy, modify, or exert other influence on the normal operation of the Gardenotes platform;
  • Using or targeting the Gardenotes platform to conduct any behavior that endangers computer network security, including but not limited to: illegally intruding into the network, interfering with normal network functions, stealing network data and other activities that endanger network security, or providing programs, tools and other support and assistance for the above activities ; Attempting to interfere with or destroy the normal operation of the Gardenotes platform system or website, intentionally spreading malicious programs or viruses, and other behaviors that disrupt and interfere with normal network information services, etc.;
  • Other use of the Gardenotes platform in any unlawful manner, for any unlawful purpose, or in a manner inconsistent with other norms and standards formulated by Linguagua for this purpose.

4.2 User content and information authorization

• The content you publish and upload on the Gardenotes platform (including but not limited to text, pictures, videos, etc.) should have a legal source, and the relevant content is owned by you or you have obtained the necessary authorization
• Unless there is relevant proof, you understand and agree that in order to better share and promote user content and increase its communication value and influence, you grant Linguagua a free, irrevocable, non-exclusive, non-regional limited License to use, including: storing, using, distributing, reproducing, modifying, adapting, compiling, publishing, displaying, translating, performing or making derivative works of the User Content, incorporating the Content into other works in any form, medium or technology known or hereafter developed , and then license the third party the right to use it in the aforementioned manner, as well as the right to collect evidence, file a complaint or file a lawsuit in its own name or entrust a professional third party to infringe the intellectual property rights uploaded and published by you.
• For the avoidance of ambiguity, the above license includes the right and license to use, reproduce and display protected personal images, portraits, names, trademarks, brands, logos and other marketing materials and materials in the user content.
• Linguagua will not transfer or disclose your personal information to any third party unless:
• • Relevant laws and regulations or the requirements of judicial and administrative agencies.
  • Transfer to complete a merger, division, acquisition or transfer of assets.
  • Necessary to provide the service you have requested.
  • Circumstances that may be transferred or disclosed to any third party in accordance with other relevant agreement rules.

4.3 Infringement Complaints

• Linguagua respects and protects your and others' intellectual property rights, reputation rights, name rights, privacy rights and other legitimate rights and interests. You guarantee that the text, pictures, video, audio, links, etc. uploaded on the Gardenotes platform will not infringe any third party's intellectual property rights, reputation rights, name rights, privacy rights and other legitimate rights and interests. Otherwise, Linguagua has the right to remove the allegedly infringing content upon receipt of notification from the right party or related parties .
• If you believe that the content on the Gardenotes platform infringes your legal rights, you can provide us with relevant documents or information (including content links, identity materials, rights, and proof of infringement, etc.) via email (customer@yucaiji.com) ). Linguagua will decide whether to deal with the allegedly infringing content after receiving a valid notice.
• Unless otherwise proven, the data stored by Linguagua on its server is the only valid evidence for users to use the Gardenotes platform.

5. Legal Responsibilities

5.1 Handling of breach of contract: If you violate this agreement, Linguagua has the right to make an independent judgment and immediately suspend or terminate the provision of some or all of the Gardenotes platform services to you, including banning speech, blocking information, deleting published content, banning accounts, and canceling accounts and other measures. You shall bear your own losses (including but not limited to emptying of virtual assets, inability to use the account and related Gardenotes platform services normally, inability to obtain assets or other rights and interests in your account, etc.), and corresponding legal responsibilities.

5.2 Responsibility: The form of your legal responsibility includes but is not limited to: compensation for losses to the victim, apology, elimination of impact, return of property, etc. If your actions cause losses to Linguagua Company, you shall bear all compensation responsibilities, including direct losses such as administrative penalties or damages, and indirect losses such as loss of goodwill, settlement funds, attorney fees, and litigation costs.

5.3 Anti-commercial bribery: You fully understand that any offering of benefits in kind, cash, cash equivalents, labor services, travel, etc. to employees or consultants of Linguagua Company that obviously exceeds the scope of normal business negotiations is regarded as commercial bribery. In the event of the above situation, Linguagua Company may immediately terminate all cooperation with you and pursue your legal responsibility.

5.4 Related processing: When Linguagua terminates this agreement due to your breach of contract, for the purpose of maintaining the order of the platform, Linguagua may terminate the cooperation with you under other agreements according to the agreement reached with you under other agreements. If you violate the agreement entered into between Gardenotes and you under other cooperation items, Linguagua Company also has the right to terminate this agreement. In addition to the termination of the aforementioned agreement, Linguagua Company may also pursue your liability for breach of contract.

5.5 Information disclosure: Linguagua Company may publish information on the disposal of your above-mentioned violations of the contract, as well as other illegal information confirmed by the effective legal documents of the judiciary, on the Gardenotes platform . For suspected violations of laws and regulations, we are obliged to keep relevant records, report to relevant state agencies and cooperate with investigations.

6. Limitation of Liability and Reasons for Disclaimer

6.1 Third-party services: When you use a specific service on the Gardenotes platform, the service may have separate agreements or rules. Please read and agree to the relevant separate agreements or rules before using the service. If the service is provided by a third party, Linguagua and the third party shall each be responsible for possible disputes within the scope of laws, regulations and agreements.

6.2 Limitation of Liability: All disclaimers and limitation of liability clauses contained in this Agreement apply only to the maximum extent permitted by laws and regulations.

6.3 Platform liability: Linguagua only assumes platform liability in accordance with the relevant laws and regulations. We are not liable for defamation, crimes or other illegal acts of third parties, nor will we compensate you for any losses caused thereby. Except for statutory fault for the loss .

6.4 Change, interruption and termination of service

• Linguagua is always changing and improving the Gardenotes platform services, and we will do our best to provide services to you to ensure the continuity and security of services. Based on this, we may update the Gardenotes platform, and you should update the software to the latest version, otherwise we cannot guarantee that you can use the Gardenotes platform normally.
• You understand and agree that Linguagua may choose to suspend, interrupt and terminate some or all of the services of the Gardenotes platform based on its own business decisions, government actions, force majeure and other reasons . If such a situation occurs, we will take a reasonable method and notify you in advance within a reasonable period of time. Unless otherwise stipulated by laws and regulations, we will not be liable for the losses caused to you .
• In the event of merger, division, acquisition, or asset transfer of Linguagua, Linguagua may transfer some or all of the Gardenotes platform services and corresponding rights and obligations under this Agreement to a third party for operation or performance after unilaterally notifying you. The specific transferee is subject to the notice of Linguagua Company.
• In the event of any of the following circumstances, Linguagua has the right to suspend or terminate the provision of services to you without notice:
  • According to laws and regulations, you should submit real information, but the personal information you provide is not true, or is inconsistent with the registration information and fails to provide reasonable proof.
  • You have violated relevant laws and regulations or violated the provisions of this agreement.
  • In accordance with the provisions of laws and regulations, or the requirements of judicial authorities or competent authorities.
  • For security reasons or other necessary situations.

7. Modification and Termination of the Agreement

7.1 Notice of Agreement Changes: Lin Gua Gua has the right to modify the content of this agreement when necessary, and will use reasonable methods (including but not limited to Gardenotes platform announcements, system messages, site messages, mobile phone text messages, emails, etc.) and a reasonable time limit If you have been notified in advance, such notice shall be deemed to have been served on you on the date it is sent. You can check the latest version of the agreement through the relevant pages of the platform.

7.2 Changes to the agreement take effect: After the changes to this agreement take effect, if you continue to use the Gardenotes platform, you are deemed to have accepted the revised agreement. If you do not accept the revised agreement, you should stop using the Gardenotes platform.

7.3 Termination of Agreement: When you cancel your Gardenotes account or Linguagua notifies you to terminate providing Gardenotes platform services to you (including but not limited to banning accounts, canceling accounts, etc.), this agreement will be terminated at the same time, and Linguagua will no longer separately Notify you of termination of this Agreement.

8. Application of Law and Jurisdiction

8.1 The signing place of this agreement is Yanqing District, Beijing, People's Republic of China.

8.2 The conclusion, entry into force, performance, interpretation, revision, termination and dispute resolution of this agreement shall be governed by the laws and regulations of the People's Republic of China.

8.3 If there is any dispute or controversy between you and the company, the company will negotiate with you to resolve it. If the negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of the court where the defendant is located .

Nine, other

9.1 The titles of all the terms of this agreement are only for the convenience of reading and understanding, and have no actual meaning in themselves, and cannot be used as the basis for interpretation of the meaning of this agreement.

9.2 Regardless of the reasons for which the terms of this agreement are partially invalid or unenforceable, the rest of the terms are still valid and binding on both parties.

9.3 If you have any comments or suggestions on this agreement, you can give feedback to the Gardenotes platform (customer@yucaiji.com), and we will give you the necessary help.