OpenVoice User Agreement

OpenVoice User Agreement

 OpenVoice Service Usage Agreement

1. Special reminder

1.1

The OpenVoice operator agrees to provide

the OpenVoice service to the user in accordance with

the provisionsof this agreement and the operating

rules published from time totime. In order to obtain the

 OpenVoice service, the user of theOpenVoice service

 (hereinafter referred to as "the user") mustrecognize

and agree to all the terms of this agreement (especially

the terms that are reminded to the user's attention in bold)

 on thebasis of careful reading and independent thinking,

 and complete allregistration procedures according to the

instructions on the page.By clicking the "Agree" button

 (or actually using the OpenVoiceservice) during the

registration process, the user fully accepts

this service agreement and the OpenVoice usage

agreement, theOpenVoice Community Convention, the

OpenVoice business conductregulations, the OpenVoice

 reporting and complaint operation rulesand regulations

published by the OpenVoice operator. If the userhas any

objection to this service agreement or any part of the

agreement, the registration process (or stop using the

 OpenVoiceservice) should be terminated.

1.2

After the user registration is

successful, the OpenVoice operator will open the

OpenVoice servicefor the user based on the objective

needs of using the OpenVoice

service when applying for and registering the OpenVoice service,

and the user has the right to use the OpenVoice service on the

basis of the OpenVoice operator opening and agreeing to provide the

service. At the same time, the user agrees to:

1.2.1 Users should keep their OpenVoice

account and password safe.

1.2.2 Users may not buy, sell, transfer

or rent any OpenVoice account or OpenVoice nickname without the

consent of the OpenVoice operator.

1.2.3 In the process of using the

OpenVoice service, the user shall be fully responsible for his own

use of the OpenVoice service, any information published and

disclosed by the user through the OpenVoice service, and any

consequences arising therefrom.

1.2.4 Users can confirm and control the

disclosure and visibility of the information they submit, publish

or display during the use of OpenVoice services through the

settings function.

1.3

In the process of using OpenVoice

services, users have legal rights and bear corresponding legal

responsibilities for their use of OpenVoice services and any

information published and disclosed through OpenVoice services. At

the same time, users agree to:

1.3.1 OpenVoice operators have the right

to use OpenVoice content (OpenVoice content refers to the

information that users have published on OpenVoice, such as text,

pictures, video, audio, etc.).

1.3.2 Without the prior written

permission of the OpenVoice operator, the user shall not illegally

crawl OpenVoice content by himself or authorize or assist any third

party. "Illegal crawling" refers to the behavior of obtaining

content data through programs or abnormal browsing and other

technical means.

1.4

Users should strictly abide by the Robots

Agreement issued by the OpenVoice operator in the process of using

OpenVoice services.

Without the prior written consent of the

OpenVoice Operator, no user may access the OpenVoice Platform or

collect any OpenVoice Content in any way by himself or through any

third party in violation of the foregoing.

1.5

To the extent permitted by laws and

regulations, the user agrees and authorizes the OpenVoice operator

to take any form of legal action against acts that infringe upon

the legitimate rights and interests of the user (including but not

limited to private copying, use, editing, plagiarism, etc.),

including but not limited to necessary rights protection measures

such as complaints and lawsuits.

1.6

The OpenVoice Operator has the right to

entrust the operation, management and performance of the Service or

the rights and obligations under this Agreement to its affiliates

or other third-party companies directly, and the OpenVoice Operator

does not need to obtain additional authorization from the user. The

OpenVoice Operator will try its best to avoid the inconvenience

caused by the aforementioned entrustment or change to the user's

use of the OpenVoice Service, and the OpenVoice Operator will try

its best to notify it in a timely manner through the website,

platform, private message, email, etc. For the purpose of this

Agreement, an affiliate refers to any enterprise that controls, is

controlled by, or is jointly controlled by a party to the same

entity. Control means direct or indirect ownership of more than

fifty percent (50%) of the equity, voting or management rights of

the enterprise.

1.7

In order to improve the user's experience

and satisfaction with the OpenVoice service, the user agrees that

the OpenVoice operator can conduct research and analysis on user

data to further optimize the OpenVoice service.

2. Service content

2.1

The specific content of the OpenVoice

service is provided by the OpenVoice operator according to the

actual situation, including but not limited to users using the

OpenVoice service to post opinions, comments, pictures, videos,

forwarding links, long OpenVoice, etc. The OpenVoice operator has

the right to upgrade or make other adjustments to the service or

product form it provides, and timely update the page/inform

users.

2.2

Some of the OpenVoice services provided

by the OpenVoice operator are paid network services, and the user

needs to pay the OpenVoice operator a certain fee to use the paid

network services. For paid network services, the OpenVoice operator

will give the user a clear prompt before using, and the user can

only use such paid network services if the user confirms that he is

willing to pay the relevant fees. If the user refuses to pay the

relevant fees, the OpenVoice operator has the right not to provide

the user with such paid network services.

2.3

The user understands that the OpenVoice

operator only provides technical services related to the OpenVoice

service, and in addition, the equipment (such as personal

computers, mobile phones, and other devices related to access to

the Internet or mobile networks) and the required expenses (such as

telephone and Internet charges paid for access to the Internet,

mobile phone charges paid for the use of mobile networks) related

to the relevant network services are borne by the user.

3. Change, Interruption or Termination of

Services

3.1

In view of the particularity of network

services (including but not limited to server stability problems,

malicious network attacks, and other circumstances beyond the

control of OpenVoice operators), users agree that OpenVoice

operators have the right to interrupt or terminate part or all of

OpenVoice services (including paid network services) at any time,

and in the event of such circumstances, OpenVoice operators will

notify affected users through webpage announcements, system

notifications, private messages, SMS alerts or other reasonable

means as soon as possible.

3.2

The user understands that the OpenVoice

operator needs to repair or maintain the platform (such as Internet

websites, applications, etc.) or related equipment that provides

OpenVoice services on a regular or irregular basis, and if the

service is interrupted within a reasonable time due to such

circumstances, the OpenVoice operator shall not be held responsible

for this, but the OpenVoice operator shall give prior notice as far

as possible.

3.3

In the event of any of the following

circumstances, the OpenVoice operator reserves the right to

interrupt or terminate the provision of OpenVoice services

(including paid services and free services) under this agreement to

the user at any time without any liability to the user or any third

party, and the resulting losses shall be borne by the user

independently:

3.3.1 The personal information provided

by the user is untrue;

3.3.2 The user violates laws and

regulations, national policies or the rules of use stipulated in

this agreement;

3.3.3 When using the paid service, the

user fails to pay the relevant service fees for the paid service

used by him in accordance with the regulations;

3.3.4 Users infringe upon the legitimate

rights and interests of individuals, enterprises, institutions or

social organizations, including but not limited to patent rights,

copyrights, trademark rights, or name rights, name rights,

reputation rights, honor rights, portrait rights, privacy rights,

etc.;

3.3.5 Users damage the image of

regulatory authorities, state agencies and governments;

3.3.6 The user damages the legitimate

rights and interests of the OpenVoice operator and its affiliates

in any way;

3.3.7 The OpenVoice operator has other

reasonable reasons to believe that it is necessary to interrupt or

terminate the provision of OpenVoice services to users.

3.4

If the user does not actually use the

OpenVoice service within any consecutive 90 days after applying to

activate the OpenVoice service, the OpenVoice operator has the

right to choose any of the following methods to deal with it to the

extent permitted by laws and regulations:

3.4.1 Recover user nicknames;

3.4.2 Recover user accounts;

3.4.3 Stop providing the OpenVoice

service to the user.

3.5

If the user chooses to bind the OpenVoice

account to the third-party account that the OpenVoice operator

cooperates with, in addition to the user's own unbinding

relationship, the third-party account that the user has bound may

also be unbound in any of the following situations, and the

OpenVoice operator shall not be liable to the user or any third

party:

3.5.1 The user violates laws,

regulations, national policies and this agreement;

3.5.2 The user violates the third-party

user agreement or its relevant provisions;

3.5.3 The website to which the

third-party account belongs requests to unbind;

3.5.4 The platform or business to which

the third-party account belongs has been shut down;

3.5.5 In accordance with laws and

regulations, national policies or the requirements of the competent

authorities;

3.5.6 The OpenVoice operator has

reasonable grounds to believe that it is necessary to unbind.

4. Rules of Use

4.1

Users can edit the account name,

nickname, profile photo, profile, etc. (hereinafter referred to as

"account information") in the registration information by

themselves, but they should abide by relevant laws and regulations

and must not contain illegal and harmful information.

If a user registers an OpenVoice account

and produces, publishes, and disseminates information, he or she

shall use real identity information and personal data, and shall

not register with false or fraudulent resident identity information

or enterprise-related information; if there is any change in the

user's personal data, the user shall timely update it.

Without the authorization of the relevant

rights holder, the user shall not register an OpenVoice account in

the name of another person or other organization, and shall not use

misleading information to register an OpenVoice account, including

but not limited to the name, profile photo or profile that makes

people mistakenly believe that the account is related to other

individuals or organizations.

4.2

News media and government agencies that

open OpenVoice accounts shall abide by relevant laws, regulations,

organizational rules and regulatory provisions in addition to using

OpenVoice services in accordance with this agreement.

4.2.1 A media account refers to an

organization-certified account opened by a news unit with legal

news qualifications on OpenVoice. Media accounts shall be subject

to unified management by the news department and the network

information department when using OpenVoice services.

4.2.2 Government accounts refer to

institutional certified accounts opened by party and government

organs, democratic parties, and people's organizations at all

levels. Government accounts shall be subject to unified management

by the network information department when using OpenVoice

services, and shall be managed according to their own

responsibilities, articles of association, and the management

requirements of higher-level units.

4.3

The user acknowledges and agrees that the

following information cannot be changed once submitted by the user

for confirmation, and the loss and consequences caused by content

defects (including but not limited to errors, incompleteness,

dissatisfaction, etc.) shall be borne by the user

independently:

4.3.1 OpenVoice Account Personalized

Domain Name;

4.3.2 Account information that cannot be

modified after determination as specified by the OpenVoice

operator.

4.4

The OpenVoice operator will establish and

improve the user information security management system and

implement technical security prevention and control measures. The

OpenVoice operator will protect the user's privacy content involved

in the user's use of OpenVoice services.

For OpenVoice content published or stored

by users in OpenVoice, the OpenVoice operator recommends that users

backup it from time to time. Users understand and agree that if the

user voluntarily stops using the OpenVoice service by using the

account cancellation function or the OpenVoice service is

terminated or cancelled, the OpenVoice operator cannot return or

provide any data to the user.

4.5

In order to maintain the stable operation

of the OpenVoice platform and ensure the quality of user experience

, no one may implement automated behaviors or publish spam on the

OpenVoice platform without the prior written permission of the

OpenVoice operator.

4.5.1 Automated behavior refers to the

behavior of users to publish OpenVoice, comments, private messages,

Toutiao articles, follow, like, grab data, etc. by themselves or

authorized by OpenVoice operators, assisting third parties to use

automated means or significantly different from ordinary people,

and much higher than normal users without the consent of OpenVoice

operators.

4.5.2 Spam refers to the unauthorized use

of OpenVoice accounts (including OpenVoice accounts registered in

bulk through fraudulent means, ordinary OpenVoice accounts, etc.)

to publish marketing information, meaningless information or buy

and sell fan information in OpenVoice, comments, private messages,

account information, Toutiao articles, group chats, etc., without

the consent of OpenVoice operators.

The user acknowledges and agrees that the

OpenVoice operator has the right to determine whether the user

account behavior constitutes automated behavior and whether the

information posted by the user account is spam in accordance with

the technical rules through testing and verification, and take

relevant measures to deal with it. All data and information

(including but not limited to account operation records, OpenVoice

content, re-comments, etc.) based on the OpenVoice platform

background records shall prevail.

4.6

As the existence of OpenVoice service

presupposes that the account number provided by the user in the

process of applying to open OpenVoice service, the user should not

transfer or lend his account number and password to others for use.

If the user finds that his account or OpenVoice service has been

illegally used by others, he should immediately notify the

OpenVoice operator. If the account, password and OpenVoice service

are illegally used by others due to hacking or negligence in the

custody of the user, the user shall bear the relevant

responsibility.

4.7

The User agrees that the OpenVoice

Operator may serve commercial advertisements or any other type of

commercial information in various ways (including but not limited

to advertising on any page of the OpenVoice Platform Website) in

the course of providing the OpenVoice Services, and the User agrees

to accept that the OpenVoice Operator may send promotional or other

related commercial information to the User through e-mail, private

message or other means.

4.8

In order to better promote information

sharing and publicity, the user authorizes the OpenVoice operator

to use the OpenVoice content on OpenVoice and its related products

and services, and licenses the above content to third parties for

publicity purposes. The user's aforementioned authorization to the

OpenVoice operator and its affiliates does not change the ownership

and intellectual property rights of the content posted by the user,

nor does it affect the user's exercise of his legal rights to the

published content.

4.9

Users should speak in a civilized manner

in the process of using OpenVoice services, and respect other

users' personal rights such as personality rights and identity

rights in accordance with the law, and jointly establish a

harmonious, civilized and polite online social environment.

4.10

When using OpenVoice services, users must

follow the following principles:

4.10.1 shall not violate the laws and

regulations of the People's Republic of China and relevant

international treaties or rules;

4.10.2 shall not violate network

protocols, regulations, procedures and industry rules related to

network services and OpenVoice services;

4.10.3 Do not engage in any behavior that

may adversely affect the normal operation of the Internet or mobile

network;

4.10.4 Do not upload, display or

disseminate any false, false, pretended, harassing, libelous,

offensive, abusive, intimidating, racially discriminatory,

defamatory, leaking privacy, pornographic, malicious plagiarism,

violence, bloodshed, suicide, self-harm or any other illegal

information;

4.10.5 shall not infringe upon the

legitimate rights and interests of any individual, enterprise,

institution or social organization, including but not limited to

patent rights, copyrights, trademark rights, or name rights, name

rights, reputation rights, honor rights, portrait rights, privacy

rights, etc.

4.10.6 shall not damage the image of

state organs and governments at all levels in any way;

4.10.7 shall not damage the legitimate

rights and interests such as the goodwill or reputation of

OpenVoice operators and their affiliates in any way;

4.10.8 Do not engage in any other

behavior that affects the normal operation of OpenVoice operators,

disrupts the OpenVoice business model or is otherwise harmful to

the OpenVoice ecosystem;

4.10.9 The OpenVoice service shall not be

used for any other illegal purpose.

4.11

For the use rules and instructions of

some specific OpenVoice services, any statements, notices, warnings

and other contents made by OpenVoice operators through various

means (including but not limited to web page announcements, system

notices, private messages, SMS reminders, etc.) are deemed to be

part of this agreement, and users who use such OpenVoice services

are deemed to agree to the contents of such statements, notices and

warnings.

4.12

OpenVoice operators have the right to

review, supervise and deal with users' behavior and information

using OpenVoice services, including but not limited to user

information (account information, personal information, etc.),

posted content (location, text, pictures, audio, video, trademarks,

patents, publications, etc.), user behavior (building

relationships, @information, comments, private messages,

participating in topics, participating in activities, publishing

marketing information, reporting complaints, etc.) and other

categories.

4.13

If the user finds that other users upload

illegal and infringing content in the process of using OpenVoice

services, the user can directly click the "Report" button to

report, and the relevant personnel will verify and deal with it as

soon as possible; if the handling of disputes over personal rights

and interests involving name rights, name rights, reputation

rights, honor rights, portrait rights, privacy rights, etc., the

user can handle it in accordance with relevant laws and regulations

and refer to the methods published in the relevant OpenVoice

announcements; if the user believes that the above methods cannot

solve the problems encountered, or the user feels that it is

necessary to seek help from judicial administrative organs, the

user can report to the relevant organs as soon as possible, and the

OpenVoice operator will cooperate with the judicial organs in

accordance with the law The investigation of evidence.

5. Intellectual property rights

5.1

OpenVoice operators are the owners of the

OpenVoice platform and OpenVoice products and intellectual property

rights.

5.2

The above-mentioned OpenVoice products

refer to the functions, software and services provided by OpenVoice

operators, affiliates of OpenVoice operators, or their authorized

entities to users through the OpenVoice platform, including but not

limited to information release and sharing, relationship chain

expansion, convenient auxiliary tools, platform applications,

public open APIs, etc.

5.3

The OpenVoice operator is the owner of

the ownership and intellectual property rights of all information

content on the OpenVoice platform and OpenVoice products. The

aforementioned information content includes but is not limited to

program code, interface design, layout framework, data, account

numbers, text, pictures, graphics, charts, audio, video, etc.,

except for the content that should be enjoyed by the relevant right

holders in accordance with laws and regulations.

5.4

In the process of using the OpenVoice

platform, the user may use the functions, software or services

developed by third parties to run on the OpenVoice platform. In

addition to complying with the relevant provisions of this

agreement, the user shall also abide by the relevant regulations of

the third party and respect the relevant rights of the third-party

right holder to its functions, software, services and the content

it contains.

5.5

In view of the above, the user

understands and agrees that:

5.5.1 Users shall not reverse engineer,

decompile or disassemble the above functions, software and services

without the consent of the OpenVoice operator and relevant rights

holders; at the same time, they shall not publish, play, rewrite or

redistribute the above content or materials directly or indirectly

in any media for the purpose of playback or distribution, or use

them for any other purpose;

5.5.2 Under the premise of using

commercially reasonable efforts, the OpenVoice operator shall not

be liable to the user or any third party in any form for the delay,

inaccuracy, error, omission or any damage caused by the above

functions, software, services and the content contained

therein;

5.5.3 The OpenVoice operator does not

make any warranty, or joint commitment or guarantee for any of the

above functions, software, services or content provided by the

third party, and any disputes, disputes or damages arising

therefrom shall be resolved by the user and the third party, and

the OpenVoice operator shall not be liable;

5.5.4 In order to better maintain the

OpenVoice ecosystem, the OpenVoice operator reserves the right to

dispose of the above-mentioned products or content under the

ownership and intellectual property rights of the OpenVoice

operator at any time and in any way, including but not limited to

revision, blocking, deletion or any other disposal method permitted

by laws and regulations.

6. Privacy Protection

6.1

The protection of user privacy and other

personal information is a basic policy of OpenVoice, which is

detailed in the OpenVoice Personal Information Protection

Policy.

7. Disclaimer of Liability

7.1

Users shall comply with national laws,

regulations and policies in the process of using OpenVoice

services, and the consequences of their use of OpenVoice services

shall be borne by the users themselves.

7.2

Any information posted by the user

through the OpenVoice service, and any opinions conveyed through

the OpenVoice service do not represent the position of OpenVoice,

and OpenVoice is not responsible for its completeness,

authenticity, accuracy or reliability. The user shall make its own

judgment for any illegal, unethical, wrong or otherwise

inappropriate information, misclassified or deceptive content that

may be accessed on OpenVoice. In any case, the relevant actors

shall be solely responsible for any loss or injury caused by the

aforementioned improper information.

7.3

Because the content of the web pages to

which the external links refer is not under the actual control of

the OpenVoice operator, the OpenVoice operator cannot guarantee the

accuracy and completeness of the external links set up for the

convenience of users.

7.4

The OpenVoice operator shall not be

liable for any interruption of the OpenVoice service or other

defects caused by force majeure or reasons beyond the control of

the OpenVoice operator, but will try its best to reduce the loss

and impact caused to the user.

7.5

OpenVoice operators are legally

responsible for the OpenVoice products and services they provide to

users, unless otherwise provided or agreed by law.

7.6

The user acknowledges and agrees that the

OpenVoice operator may cooperate with a third party to provide the

user with products (including but not limited to games, third-party

apps, etc.), and the third party will provide the user with the

follow-up work of the product upgrade, maintenance, customer

service, etc., and the third party will be responsible for all

disputes or user losses caused by the quality of the product or its

own causes, and the user hereby agrees to claim all rights and

losses related to this third party.

7.7

Unless otherwise agreed, products or

services provided by OpenVoice operators (including but not limited

to game items and props) that do not have an expiration date, or

whose expiration date is "permanent," "indefinite," or "unlimited,"

shall be used from the time the user starts using the product or

service until the date the product or service is offline on

OpenVoice.

8. Liability for breach of contract

8.1

If the OpenVoice operator violates

relevant laws, regulations or any terms under this agreement and

causes losses to the user, the OpenVoice operator shall be liable

for damages caused to the user.

8.2

The user agrees to protect and defend the

legitimate rights and interests of OpenVoice operator, its

affiliates and other users, and the user agrees to be liable for

damages caused to OpenVoice operator, its affiliates or any other

third party due to the user's violation of relevant laws,

regulations or any terms under this agreement.

8.3

If the OpenVoice operator discovers or

receives a report or complaint from a third party that the user has

or is suspected of violating Article 1 (Special Reminder) or

Article 4 (Terms of Use) of this agreement, the OpenVoice operator

or its authorized subject has the right to take all necessary

measures immediately and without notice according to its reasonable

judgment to mitigate or eliminate the impact of the user's

behavior, and will notify the user after processing as much as

possible. The resulting losses and consequences (including but not

limited to missed promotion opportunities, loss of marketing

revenue, etc.) shall be solely borne by the user.

8.4

Unless otherwise stipulated in this

Agreement, if the OpenVoice operator discovers or receives a report

or complaint from a third party that the user has or is suspected

of violating the obligations, warranties, commitments or other

terms stipulated in this Agreement, the user shall correct and

eliminate the impact within the specified period of time by the

OpenVoice operator; if the user fails to correct it within the

aforementioned time limit, the OpenVoice operator or its authorized

subject has the right to immediately take all necessary measures

according to its reasonable judgment to mitigate or eliminate the

impact caused by the user's behavior, and will notify the user

after processing as much as possible. The resulting losses and

consequences (including but not limited to missed promotion

opportunities, loss of marketing revenue, etc.) shall be borne by

the user independently.

8.5

The "all necessary measures" mentioned in

8.3 and 8.4 of this Agreement include but are not limited to one or

more of the following:

8.5.1 change, delete or block relevant

content;

8.5.2 Warning illegal accounts and

account mute;

8.5.3 Freeze user account funds to make

up for losses caused by users to OpenVoice operators, its

affiliates, and others;

8.5.4 Change, restrict or prohibit some

or all functions of the offending account;

8.5.5 Suspend, restrict or terminate the

user's right to use OpenVoice services, cancel the user account,

etc.;

8.5.6 report to the relevant regulatory

authorities or state authorities;

8.5.7 Other actions deemed reasonable by

the OpenVoice Operator.

9. Modification of Agreement

9.1

The OpenVoice Operator reserves the right

to modify any of the terms of this Agreement at any time. Once the

content of this Agreement is changed, the OpenVoice Operator will

publish the revised content on the OpenVoice platform, and the

OpenVoice Operator may choose to notify the user of the modified

content through other appropriate means (such as system

notification).

9.2

If you do not agree with the OpenVoice

operator's modification of the relevant terms of this agreement,

the user has the right to stop using the OpenVoice service. If the

user continues to use the OpenVoice service, it is deemed that the

user accepts the OpenVoice operator's modification of the relevant

terms of this agreement.

10. Service of notice

10.1

All notifications made by the OpenVoice

Operator to the User under this Agreement may be made by means of

webpage announcements, e-mails, system notifications, active

contact from the OpenVoice management account, private message, SMS

or regular mail transmission; such notifications shall be deemed to

have been delivered to the recipient on the date of sending.

10.2

The user's notice to the OpenVoice

operator shall be delivered through the contact information such as

the mailing address, fax number, email address, etc. officially

announced by the OpenVoice operator.

11. Applicable law

11.1

The conclusion, execution and

interpretation of this Agreement and the settlement of disputes

shall be governed by the laws of the People's Republic of

China.

11.2

If there is any dispute between the two

parties on the content of this agreement or its implementation, the

two parties shall try their best to resolve it through friendly

negotiation; if the negotiation fails, either party may file a

lawsuit with the People's Court of Haidian District, Beijing.

12. Other provisions

12.1

If any provision of this Agreement is

invalid or unenforceable in whole or in part for any reason, the

remaining provisions of this Agreement shall remain valid and

binding.

12.2

The headings in this Agreement are for

convenience only and should be ignored in the interpretation of

this Agreement and should not be used as a basis for the

interpretation of the terms of this Agreement.