PLEASE READ THE FOLLOWING TERMS CAREFULLY. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE OUR SERVICES.
This End User Service Agreement (“Agreement”) is made by and between you and Zongheng Culture Inc.(“Zongheng” , “we” , or “us”).
WHEREAS “Zongheng entities” includes Zongheng and its subsidiaries, affiliates, officers, employees, agents, partners and licensors;
WHEREAS Zongheng operates and maintains its literature platform, including the website en.shishoum.tw, along with other related websites, networks, software, and applications (collectively, the “Platform”);
WHEREAS Zongheng through the Platform provide you online literature reading services (“Services”), including, but not limited to, literary works (such as fictions, short stories, essays, etc.), comics, animations, and other types of media. The literary works, functions and other services provided through the Platform and where the context permits, applications, and software downloaded from the Platform collectively constitute the “Services”;
WHEREAS “Intellectual Property Rights” means and includes, without limitation, copyrights, patents, trademarks, moral rights, and trade secrets, all other intellectual property rights and intangible legal rights or interests recognized in any country or jurisdiction in the world, and including, without limitation: (a) any concept, computer program, content, customer data, customer information, customer list, data, design, development, discovery, documentation, drawing, improvement, information, list, manual, mask work, material, model, note, object code, plan, procedure, product, prototype, report, schematic, software, source code, and specification, (b) works, works of authorship, and moral rights, including, without limitation, any right to claim authorship of a work, any right to object to any distortion or other modification of a work, and any similar right, existing under the law of any country in the world, or under any treaty, (c) inventions, invention disclosures, know-how, letters patent, means, methods, patents, provisional patent applications, provisional patents, techniques, and all foreign counterparts and foreign equivalents of same, and any and all divisions, continuations, continuations-in-part, revisions, renewals, reissues, extensions, and the like, (d) service marks, trademarks, trade dress, and trade names, (e) trade secrets, with such term “trade secrets” being given the broadest possible definition, interpretation or meaning, and (f) any other similar rights, in each case, existing under the law of any country in the world, or under any treaty, all on a worldwide basis.
WHEREAS Non-Author User Content includes messages, photos, video, images, folders, data, text, feedback, suggestions and comments regarding the Services, other types of works and what you have created and made on the Platform (collectively “User Content”);
YOU ACKNOWLEDGE THAT YOU ARE NOT CONSIDERED, AND SHALL NOT PRESENT YOURSELF AS, AN AGENT, EMPLOYEE, JOINT VENTURER, INDEPENDENT CONTRACTORS OR PARTNER OF ZONGHENG (OR ANY OF ITS RESPECTIVE AFFILIATES, PUBLISHING PARTNERS, LICENSORS OR LICENSEES). NOTHING IN THIS AGREEMENT WILL BE DEEMED TO PLACE THE PARTIES IN THE RELATIONSHIP OF EMPLOYER-EMPLOYEE, INDEPENDENT CONTRACTORS, PRINCIPAL-AGENT, PARTNERS OR JOINT VENTURERS.
YOU MAY NOT ASSIGN OR TRANSFER THE TERMS, OR YOUR RIGHTS OR OBLIGATIONS UNDER THE TERMS, IN WHOLE OR IN PART, BY OPERATION OF LAW OR OTHERWISE, WITHOUT OUR PRIOR WRITTEN CONSENT. WE MAY ASSIGN OUR RIGHTS OR OBLIGATIONS UNDER THE TERMS AT ANY TIME WITHOUT NOTICE OR CONSENT.
THE FAILURE TO REQUIRE PERFORMANCE OF ANY PROVISION WILL NOT AFFECT OUR RIGHT TO REQUIRE PERFORMANCE AT ANY OTHER TIME AFTER THAT, NOR WILL A WAIVER BY US OF ANY BREACH OR DEFAULT OF THE TERMS, OR ANY PROVISION OF THE TERMS, BE A WAIVER OF ANY SUBSEQUENT BREACH OR DEFAULT OR A WAIVER OF THE PROVISION ITSELF.
USE OF SECTION HEADERS IN THE TERMS IS FOR CONVENIENCE ONLY AND WILL NOT HAVE ANY IMPACT ON THE INTERPRETATION OF ANY PROVISION.
IF ANY PART OF THE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, THE UNENFORCEABLE PART WILL BE GIVEN EFFECT TO THE GREATEST EXTENT POSSIBLE, AND THE REMAINING PARTS WILL REMAIN IN FULL FORCE AND EFFECT.
ZONGHENG MAY AMEND OR MODIFY THE TERMS AT ANY TIME IN OUR SOLE DISCRETION. AMENDMENTS AND/OR MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY AFTER PUBLISHING THEM ON THE WEBSITE OR OTHERWISE PROVIDING YOU A COPY THEREOF, AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH AMENDMENTS OR MODIFICATIONS. WE WILL INDICATE AT THE TOP OF THIS AGREEMENT THE DATE IT WAS LAST UPDATED. YOU AGREE TO, AND ARE RESPONSIBLE FOR, CHECKING THE TERMS PERIODICALLY, AS THEY MAY BE AMENDED OR MODIFIED FROM TIME TO TIME. BY CONTINUING TO USE OUR SERVICES, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF ANY REVISED OR UPDATED TERMS. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING OUR SERVICE(S).
Ownership and License
1. Platform and Services
The Platform and the Services are the valuable property of Zongheng and its licensors and are protected by copyright and other intellectual property laws and treaties. We and our licensors own all rights, titles, and interest in and to the Platform and Services, including all copyright and other Intellectual Property Rights in the Platform and Services. The Platform and any documentation on the Platform are provided to you solely in accordance with this Agreement and are licensed, not sold. This Agreement and the license rights provided to you hereunder do not transfer to you any title or ownership, interest in or to the Platform or the Service or any Intellectual Property Rights therein.
Subject to the Terms of this Agreement and the Terms that govern your use of the Services and your compliance with any rules of conduct, we hereby grant you a personal, limited, non-transferable, non-sublicensable, and non-exclusive license to use the Services provided by Zongheng through the Platform, for your own personal, non-commercial entertainment use. The preceding states the entirety of your rights with respect to the Services and the Platform, and we reserve all rights not expressly granted to you in this Agreement.
Without limiting the forgoing, you agree you will NOT do, or authorize or permit any third-party to do, any of the following:
- Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
- Use the Services for any commercial or business purposes or for any purpose other than your own personal entertainment use;
- Violate any right of a third-party, including by infringing or misappropriating any third-party Intellectual Property Right;
- Interfere with security-related features of the Platform, including without limitation: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform or Services;
- Interfere with the operation of the Platform or any user’s enjoyment of the Services, including, without limitation: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or
- Attempt to perform any of the acts described in this section, or assist or permit any person in engaging in any of the acts described in this section.
3. Non-Author User Content
Certain features of the Services may permit you to upload new User Content to the Platform, and to publish User Content on the Platform. The Services may also permit you too upload literary works and other content as an Author; doing so requires your agreement to the Author Agreement and is not covered by this Agreement.
3.1 Limited License Grant to Zongheng
By uploading or publishing Non-Author User Content onto the Platform, you grant Zongheng a worldwide, non-exclusive, perpetual, royalty-free, fully-paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, transmit, broadcast, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats, and through any media channels now known or hereafter developed.
You hereby further agree to assign to Zongheng all right, title, and interest in and to any and all User Content, , and do hereby assign to Zongheng all rights, improvement, materials, and information on the results of tests and evaluations of the Platform or Services regarding the performance, features, and functionality of the Platform or Services and any and all inventions regarding an improvement of, or other change or addition to, the Platform or Service formulated or produced, in whole or in part, as a result of your User Content or what you have created or made, and all Intellectual Property Rights embodied therein, or resulting from, such User Content. and you hereby agree to cooperate with Zongheng in connection with the protection thereof and shall execute such documents (such as further deeds of transfer and assignment), if any, as required by Zongheng to perfect its rights hereunder.
You agree that all User Content may be used by Zongheng to improve or enhance the Platform and Services and, accordingly, to the extent the foregoing assignments do not transfer any ownership, interest in or to the User Content and the results thereof to Zongheng, you hereby grant to Zongheng an exclusive, perpetual, irrevocable, fully sublicensable, transferable, royalty free, worldwide right, and license to copy, reproduce, modify, create derivative works of, publicly perform, publicly display, distribute, market, offer for sale, sell, have sold, import, have imported, make, have made, use, have used, and commercially exploit the User Content and all of the information and contents of any and all such User Content without restriction.
3.2 Limited License Grant to Other Users
By uploading or sharing User Content with other users of the Services, you grant those users a non-exclusive license to access and use such User Content, as permitted by these Terms and the functionality of the Service.
Representations and Warranties
You are solely responsible for any User Content that you upload or publish onto the Platform, and you are responsible for the consequences of posting or publishing such User Content. By posting or publishing User Content, you represent and warrant that:
- You are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Zongheng and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Zongheng, the Service, and these Terms; and
- Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Zongheng to violate any law or regulation.
Accounts and Registration
To access the Services, you must register for an account through the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least thirteen (13) years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. If you are under 18, you should have first obtained your parent’s or guardian’s permission before the registration of an account on the Platform.
If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
When you register for an account, you may be required to provide us with your personal information , such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to set up a password for your account. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com.
Purchase and Payment
Zongheng may charge for certain Services under certain rates displayed on the Platform. Before you pay any fees, you must review the fee policy and method on the Platform, then accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable. If Zongheng changes the rates for any Service(s), including by adding additional fees or charges, Zongheng will provide you advance notice of such changes. If you do not accept the changes, Zongheng may discontinue the Service to you. Zongheng will charge the payment at the rate in effect at the time of purchase. You authorize Zongheng to charge all sums as described in these Terms, for the Service you select.