This agreement is a valid contract between the Marketing and Public Relations Committee of the Chinese Museums Association (MPR) and all the entities (including museums, enterprises, etc. hereinafter referred to as users ) using the MPR website services, for the use of the MPR website services and related services. The use of any service of the MPR website services is regarded as the acceptance of all the terms of this agreement. This agreement applies to all the MPR website services, including all the services used and website upgrades during the term of this agreement.
I. Service Contents and Notice of Usage
1.1 The MPR website is both an online service that provides storage, synchronization, management and sharing of data to a wide range of users, and an information storage platform that neither directly uploads or provides contents nor makes any modifications or edits to the contents transmitted by users.
1.2 Users shall understand that the MPR website services only provides relevant network services, and equipment related to network services (such as personal computers, mobile phones, and other related devices for access to Internet or mobile networks) and required expenses (e.g. telephone and Internet access fees for Internet access, mobile phone fees for the use of mobile networks) shall be borne by the user.
1.3 Users shall not abuse the services of the MPR website. The MPR website service account is for personal use only, and shall not be made available to any third party for fee or for free. The MPR, hereby wants to remind you that any information, materials, text, software, music, audio, photographs, graphics, video, information, user registration or other materials (hereinafter referred to as "Content") transmitted through the Service by uploading, posting, sending instant messages, e-mail or any other means shall be the sole responsibility of the content provider and of the users for uploading and use. As an information storage service platform, the MPR website has no control over the content transmitted through the Service, nor does it have full control over the legality, correctness, integrity, authenticity or quality of the content from the users. Users shall agree to judge and assume all risks without relying on the MPR website.
1.4 If the MPR is notified or reported by authorities of a user's use of the MPR Website which does not comply with this agreement, the MPR has the right to make its own judgment and terminate some or all of the Services provided to the user without prior notice to the user. If a user, through the MPR website, distributes and disseminates reactionary, pornographic or other information that violates national laws and regulations, the system records of the MPR website may be used as evidence of the user's violation of laws and regulations. The user shall be solely responsible for any damages or losses claimed or derived from any third party as a result of the uploading or dissemination of such contents on the MPR website.
1.5 Based on the users' use of the MPR website, the MPR will continuously improve users’ experience, such as providing customized services or upgrading the security of the services provided. Concurrently, when the MPR is notified or reported by authorities of a user's use of the MPR website which does not comply with this agreement, the MPR has the right to require users to correct or directly take all measures that the MPR considers necessary (including but not limited to editing or deleting the contents uploaded by the user, suspending or terminating the user's use of the web services, or publicizing the violations of laws and the agreement) to mitigate the impact of the user's misconduct.
II. Ownership
The MPR reserves complete and indivisible ownership and intellectual property rights of the contents and information under the following:
2.1 Except for contents uploaded and disseminated by the users, the MPR website and all its elements including but not limited to, all the contents, data, technologies, software, codes, user interface and any derivative works associated with it;
2.2 The MPR has the ownership of the website accounts, and after the completion of the application for login, the users only have the right to use the MPR website accounts. Additionally, the users of the accounts shall not give, lend, rent, transfer or sell the MPR website accounts.
2.3 Any information and feedback provided by users to the MPR website about the services of the platform.
The Users have the discretion to post, play, rewrite for play and distribution, or use for other commercial purposes in any media of the above materials, directly or indirectly. The above material or any part thereon is stored on the MPR website for the users' private use only. The MPR website shall not be legally or financially responsible in any way to the users or any third party for any delay, inaccuracies, errors and omissions arising from or resulting from the transmission or submission of all or part of the above materials;
All rights of any software used by the MPR website to provide web services (including, but not limited to, any images, photographs, animations, videos, recordings, music, text and additional programs, attached support materials of the software) belong to the copyright owner of the software. Without the permission of the copyright owner of the software, users shall not conduct reverse engineering, decompile or disassemble the software, or discover its original code in other means and infringe on its copyright.
III. Commitment and Assurance
3.1 Users ensure that the contents uploaded to the MPR website shall not, directly or indirectly:
3.1.1 Delete, conceal, or alter any contents displayed on the MPR website that include patents, copyrights, trademarks or other proprietary notices;
3.1.2 interfere or attempt to interfere in any way with the normal operation of any part or function of the MPR website;
3.1.3 Avoid, attempt to avoid or claim to be able to circumvent any content protection mechanism or the "MPR" website data measurement tools;
3.1.4 Use any registered or unregistered works, service marks, company logo , URL or other marks originating from the MPR in written or graphic forms without prior written consent of the MPR;
3.1.5 Use any marks, including, but not limited to, the use of the MPR logo in a manner that defiles, weakens and impairs the rights of the owner, or creates or grants any rights or permission to him/herself or to any other person in a manner contrary to this Agreement. Unless clarified in written form by the MPR, users shall not export any users’ information, and are required to stop using and delete the information within 24 hours after obtaining any users’ information or other MPR website contents ;
3.1.6 Display or provide any user’s information to any non-original user without the prior consent of the original user;
3.1.7 Request, collect, solicit, abuse or obtain in any other ways the access right of the MPR website account number, password or other authentication credentials from any users;
3.1.8 Act as an agency to provide authentication credentials for any users to automatically log on to the MPR website;
3.1.9 Provide tracking functions, including, but not limited to, identifying other users’ viewing or operations on their homepages;
3.1.10 Automatically direct browser windows to other web pages;
3.1.11 Impersonate other people without authorization or gain access right to the MPR website; or allow other people to personally identify the user without the user's consent.
3.1.12 In violation of any of the above-mentioned requirements, the MPR shall have the right to impose punishments such as warning, blocking, and disqualification according to the specific situation. In case any of the above mentioned violations from any users cause any damages to the MPR, the MPR website, or any partners of the MPR, the users shall bear all legal responsibilities and compensate for the damages caused.
3.2 Users’ commitment:
3.2.1 Once the user has obtained the written authorization from the rights owner (if any) to upload, post, transmit or distribute contents in other ways using the web services provided by the MPR website, and has reached an internal agreement with the aforementioned rights owners in terms of interest distribution, the users shall ensure that the user has full, intact, exclusive ownership and intellectual property rights of the contents to be submitted and uploaded to the MPR website.
3.2.2 Users shall not use the web services provided by the MPR website to upload, post, transmit or disseminate contents that contain any information that violates national laws and regulations, including, but not limited to, the following:
a. Opposes the basic principles established in the Constitution;
b. endangers national security, discloses state secrets, subverts state power and undermines national unity;
c. Causes damage to the honour and interests of the State;
d. Incites ethnic hatred, ethnic discrimination and undermines national unity;
e. Sabotages national religious policies and promotes cults and feudal superstitions;
f. Spreads rumors, disturbs social order and undermines social stability;
g. Spreads obscenity, pornography, gambling, violence, murder, terror or incites crime;
h. Insults or slanders others and infringes on the legitimate rights and interests of others;
i. Contains other contents prohibited by laws or regulations.
3.2.3 Users shall not use the service system of this website for any illegal purposes; shall not take advantage of the MPR website storage network services in any form to infringe the commercial interests of the MPR, including not limited to the publication of commercial advertisements without the permission of the MPR; and shall avoid any actions of using the MPR website service system that may affect the normal functioning of the Internet or mobile networks;
3.2.4 Users shall not use the services of the MPR website to engage in the following activities:
a. Access to the computer information network or use computer network resources without permission;
b. Remove, modify or add computer information network functions without permission;
c. Delete, modify or add data and applications stored, processed or transmitted into the computer information network without permission;
d. Intentionally make or transmit destructive programs such as computer viruses;
e. Other behaviors that compromise the network security of computer information.
3.2.4 If the user uses the web services provided by the MPR website to upload, post, transmit or disseminate contents that harms the interests or infringes upon the legitimate rights and interests of third parties (including, but not limited to, patent rights, trademark rights, copyrights and copyright adjacent rights, portrait rights, privacy rights, reputation rights, etc.), and gives rise to complaint, report, challenge, claim, lawsuit, etc. to the MPR or other partners working with the MPR, or reputation or property damages to the MPR or other partners working with the MPR, users shall actively take all possible measures to ensure that the MPR and other partners working with MPR are free from the above-mentioned claims and litigation. At the same time, users take compensation responsibility for direct and indirect economic damages caused to the MPR and other partners working with the MPR.
IV Protection of intellectual property rights
If a user allows other users to download, view, listen to, access or distribute the contents the user uploaded, the user shall ensure that the publishing of the contents and related actions are in accordance with the relevant copyright policies in the relevant intellectual property laws and regulations, including, but not limited to:
4.1 Upon receipt of the infringement notice, the user shall immediately delete or stop access to the infringed contents in the notice and contact the delivery person for detailed information.
4.2 The user understands and agrees that the MPR shall, in accordance with relevant laws and regulations, handle qualified infringement notices issued by third parties , delete or prohibit access to the infringed contents in accordance with related requirements, implement appropriate policies to restrict or stop the user from using part of the MPR website functions, and even suspend the account for all the functions of the website in hopes of eliminating duplicate infringement under similar conditions.
V. Privacy protection
5.1 Shared information. You can proactively share information with others. Users shall be aware of the fact that the sharing function of the "MPR" website is to provide users with file transfer and storage services, but when users voluntarily share information to the network, a variety of search engines including Baidu, may capture the information.
5.2 The MPR shall not disclose or provide third parties with contents users stored on the MPR website unless:
5.2.1 With the consent of the user;
5.2.2 Under the provisions of related laws, regulations, or legal service procedures of the MPR website;
5.2.3 In case of emergency, in order to safeguard the interests of users and the public;
5.2.4 Other situations in which making public, editing or disclosure of personal information is required by law.
VI Disclaimer
6.1 In view of the uniqueness of the network services, users agrees that the MPR website services have the right to change, interrupt or terminate some or all of the network services at any time. If the network service is to be changed, interrupted or terminated as a free network service, the MPR website is not required to notify the users and does not take any responsibilities of any user or any third party.
6.2 Users understand that the MPR website services require regular or irregular checks or maintenance of the platform or related equipment provided by the web services, and that the MPR website shall not be liable for any interruption of the website services within a reasonable period of time as a result of such circumstances, but the MPR should, to the best of their ability, notify the users in advance .
6.3 The MPR website can change the services or remove some of its features at any time for any reason. The MPR website can cancel or terminate services to users at any time. After the suspension or termination of services, the MPR should do its best to notify the users in a reasonable manner. When users find it is impossible to sign in or enjoy the service, users can contact the MPR. Once the service is suspended or terminated, the users' right to use the services is terminated immediately. Once the service is suspended or terminated, any information stored by the users in the service may not be recoverable.
6.4 The MPR website does not warrant (including but not limited to):
6.4.1 The MPR website meets the users' requirements;
6.4.2 The MPR website is undisturbed, timely, secure, reliable or error-free; and any products, services or other materials obtained by the user through the MPR website meet the users' expectations.
6.4.3 The users' use of any material downloaded or obtained through the MPR website is at the users' own risk, and the users are solely responsible for the damages caused to the users' computer system or loss of data as a result of such use;
6.5 The MPR website services shall not be liable for any loss of profits, business reputation, information, or other tangible or intangible losses, and shall not be responsible for any direct or indirect compensation caused by the following:
6.5.1 Use or failure to use the MPR website;
6.5.2 any products, materials or services obtained through the MPR website;
6.5.3 Unauthorized use or modification of users’ profiles and other matters related to the MPR website.
6.6 Disputes or losses resulting from users' authorization of third parties (including third-party applications) to access/use the contents of the users’MPR website service space shall be the sole responsibility of the users and shall not be related to the MPR.
VII Others
7.1 The MPR has the rights of modification and interpretation within the scope of the law of this agreement and all the contents of product policies.
7.2 This agreement becomes effective as soon as it is published. The MPR reserves the right to modify the contents of the agreement at any time, and the results of the modifications will be posted on the MPR services website. If any user does not agree to the modifications made by the MPR to the terms of this agreement, the user has the right to stop using the website services. If the user continues to use the website services, the user is deemed to have accepted the modifications made by the MPR to the terms of this agreement.
7.3 All notifications for users on the MPR website under this agreement can be made through web announcements, e-mails, SMS messages or regular mails etc., and are deemed to have been delivered to the recipients as of the date of delivery.
7.4 The enactment, implementation, interpretation and resolution of disputes of this agreement shall be governed by laws of the Peoples Republic of China and by its courts. In the event of any disputes between the two parties over the contents and implementation of this agreement, the two parties shall resolve the matter through friendly negotiation, and if the negotiation fails, either party may take legal action in the people's court where the MPR is located.
7.5 This agreement constitutes the complete agreement between the two parties to the matters agreed upon in this agreement and other related matters, and does not confer any other rights on the parties except for what this agreement includes.
7.6 If any provisions of this agreement are, for any reason, completely or partially invalid or not enforceable, the remaining provisions of this agreement shall remain valid and binding.