User Agreement

User Agreement

Update Date:January 16, 2024

Effective date:January 16, 2024

The Website is operated by Beijing Tuduoduo E-commerce Company Limited ("Tuduoduo" or "we"). Please read the User Agreement document carefully before using the Tuduoduo Website. By using the Tuduoduo Website, you agree to be bound by the Tuduoduo User Agreement. In addition, when you use any current or future Tuduoduo Service ("Tuduoduo Service"), you will also be subject to the terms, guidelines and conditions applicable to that Tuduoduo Service page. ("Terms"). In the event of any inconsistency between these Service Agreement and the Terms, the Terms will control. If the User Agreement or the Terms are available in more than one language, the English version shall prevail in the event of any discrepancy or conflict between the versions.

1. Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized third parties from accessing your account. You agree to accept responsibility for all activities that occur under your account or password. You shall take all necessary steps to ensure the confidentiality and security of your password and shall notify us immediately if you have any reason to believe that your password is known to anyone else or if it is being or may be used in an unauthorized manner. Please ensure that the details you provide to us are correct and complete and notify us immediately of any changes to the information you provided when you registered. You can access and update most of the information you have provided to us in Your Account.

2. Privacy

Please review our Privacy Policy, which also applies to your visit to Tuduoduo. The personal information/data you provide to us during your use of Tuduoduo will be handled in strict accordance with the Privacy Policy and applicable laws and regulations. If you do not agree with any of the rules in the Policy, please stop browsing and using this Website immediately.

3. Visiting Tuduoduo

We will do our best to ensure that the availability of the Website/software is uninterrupted and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. In addition, your access to the Website may be suspended or restricted from time to time to allow us to carry out repairs, maintenance or introduce new facilities or services to the Website/Software without prior notice.

4. Your Conduct

You must not use the Website in any way that causes, or is likely to cause, interruption of the Website or access to the Website. You understand that you, and not Tuduoduo, are responsible for all electronic communications and content sent to us from your computer, and that you must use the Website only for lawful purposes. You may not use the Website to do any of the following:

● You shall not use this Website to engage in illegal or criminal activities such as money laundering, theft of trade secrets, theft of personal information, etc.;

● You shall not attempt to interfere with or disrupt the normal operation of Tuduoduo's system or Website, intentionally spread malicious programs or viruses, and other acts that disrupt and interfere with normal network information services;

● Not to transmit or publish any information material that is unlawful, criminal, harassing, libelous, abusive, threatening, injurious, vulgar or uncivilized;

● Not to abet others to engage in illegal or unlawful behaviors or behaviors prohibited by this Agreement or the Website Rules;

● Not to use the account registered on this Website to obtain improper benefits, malicious attacks, illegal business activities, dissemination of undesirable content and other violations of laws and regulations;

● Not to publish any content that infringes on others' personal information, copyrights, trademarks, patents and other intellectual property rights or legal rights;

● Shall not impersonate others or utilize the name of others to use Tuduoduo software services or disseminate any information, malicious use of the registered account leading to misidentification by other users;

● No viruses, Trojan horses, crawlers and other malicious software or program codes that may damage, tamper with, delete, or affect the normal operation of any system of the Tuduoduo Website or unauthorized access to the data or personal information of the Tuduoduo Website and other users;

● Shall not register maliciously for a Tuduoduo account, including but not limited to frequent and batch registration of accounts and deletion of accounts;

● Shall not publish other contents that cause adverse effects on the network ecology, and other contents prohibited by laws and administrative regulations.

If the user fails to comply with the above regulations, Tuduoduo reserves the right to delete, reject or edit any content judged by Tuduoduo in its sole discretion. At the same time, Tuduoduo has the right to close or delete your account and terminate the provision of services to you.

5.Intellectual Property Terms

All content included on Tuduoduo Website, such as text, images, button icons, audio clips, digital downloads, data compilations, and software, is the property of Tuduoduo, its subsidiaries, or its content suppliers, and protected by Chinese copyright law and international copyright-related treaties. All content on this Website is the exclusive property of Tuduoduo, and is protected by Chinese copyright law and international copyright-related treaties.

Without the express written consent of Tuduoduo and/or its affiliates (if applicable), you shall not:

a. systematically extract and/or re-utilize parts of this Website, in particular extract (whether once or repeatedly) using any data mining, robots or similar data gathering and extraction tools in order to re-utilize any part of this Website.

b. encourage, assist or authorize any other person to reproduce, modify, reverse engineer, decompile or disassemble or otherwise tamper with the Tuduoduo Website/Software (whether in whole or in part), or create any derivative works of the Tuduoduo Website/Software.

Unless we instruct you otherwise, with respect to content posted or material submitted by you

a. You grant Tuduoduo and its affiliates a non-exclusive, royalty-free, irrevocable, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any media;

b. You grant us and our licensees the right to use the name that you submit in connection with such content as they see fit.

You agree that the above rights granted by you are irrevocable throughout the term of the intellectual property rights associated with such content and materials. You agree to waive your right to be identified as the author of such content. You agree to take all further actions necessary to perfect any of the foregoing rights granted by you to Tuduoduo as requested by Tuduoduo, including execution of deeds and documents.

You shall ensure that:

(i) you represent and warrant that you own or otherwise control all of the rights to the Content that you post or otherwise make available on or through the Website;

(ii) Tuduoduo and its licensees use of the content and materials you provide does not violate any applicable laws or regulations and will not cause injury to any person or entity, or else you agree to indemnify Tuduoduo and its licensees against all claims brought by third parties against Tuduoduo and its affiliates arising out of any breach by you of any of these warranties.

If you believe that any content on the Website infringes your copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right, please notify us immediately by following our Notice of Infringement procedure. Once this procedure has been submitted, we will use all reasonable efforts to remove such content complained of within a reasonable time.

6. Disclaimer

Although we have taken steps as required by law to avoid untrue and unlawful content on the Tuduoduo Website. However, we do not provide any form of guarantee for the seller's trading behavior. At no time does Tuduoduo assume any obligation or responsibility for any transaction on this Website.

7. Changes to Service Agreement

We reserve the right to make changes to our website, policies and these Service Agreement at any time. You will be bound by the policies and Service Agreement in effect at the time you use the Website or order goods from us, unless any change to these policies or these terms is required by law or government (in which case it will apply to orders previously placed by you). If any of these terms are held to be invalid, void or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any other term.

8. Sanctions and Import/Export Policies

You may not use any of the Tuduoduo Services if you are subject to sanctions imposed by China or by the government of the country in which you are using the Tuduoduo Services. You must ensure that your use of Tuduoduo to purchase goods/services complies with the import/export country's controls.

9. Notice of Infringement procedure

If you believe that your rights have been violated, you may complete and submit a Notice of Complaint of Infringement ("Notice").

The Notice shall include, but not be limited to, the following:

(1) The name (name), address and business license (unit), identification (individual), contact information of the right holder, relevant authorization certificates and other supporting materials;

(2) The exact name of the goods/services that the right holder considers to be infringing his/her intellectual property rights, a screenshot of the webpage, the address of the specific link on the Tuduoduo  Website and the name of its provider publicly available on the Tuduoduo Website;

(3) If the right holder entrusts an agent to file a complaint, the agent shall produce a true, legal and valid power of attorney signed or sealed by the right holder and the agent's subject qualification materials, and the power of attorney shall contain relevant content such as authorization to defend intellectual property rights.

(4) Preliminary proof of infringement in the opinion of the right holder;

(5) The right holder is responsible for the authenticity, validity and legality of the statement and materials provided in the Notice, and guarantees to bear all the losses caused to Tuduoduo due to the complaint of the right holder about the relevant goods/services, deletion of the relevant contents or disconnection of the relevant links in the summer, as well as all the legal liabilities arising from the complaint.

Upon receipt of your Notice, we will accept the complaint in time if it meets the requirements; if the qualification does not match, the material is incomplete or other does not meet the requirements, we will notify you to supplement it within a reasonable period of time, and if you do not supplement it after the expiration of the period, it will be regarded as the withdrawal of the complaint. After accepting the complaint, Tuduoduo has the right to forward the Notice and related materials to the respondent, and notify the respondent to submit the statement of non-infringement and related materials by the deadline;

Important Warning:Providing false, misleading or inaccurate information to Tuduoduo in the Notice may result in civil and/or criminal liability for you.

The Notice may be sent to us by e-mail or mail:

Attn: Beijing Tuduoduo E-commerce Co. Ltd.

Address: 1/F, Building 3, District 6, No. 188, West Nan Si Huan Road, Fengtai District, Beijing, China

10. Liability for breach of the Agreement

(a) If one of the following situations occurs, it is regarded as your breach of the Agreement:

1. Violation of relevant laws and regulations when using Tuduoduo services;

2. Violation of this Agreement.

(b) Measures to deal with the breach of the Agreement

If Tuduoduo finds or receives a report or complaint from others that you have violated this Agreement or have any malicious behavior, Tuduoduo has the right to delete or block the relevant content at any time without notice, and depending on the circumstances of the behavior, the offending account shall be subject to, including but not limited to, warnings, limitations, or prohibitions on the use of some or all of the functions.

If your behavior on the Tuduoduo Website, or your behavior that does not take place on the Tuduoduo Website but affects the Tuduoduo Website and its users constitutes a breach of the Agreement, Tuduoduo may suspend the provision of part or all of the services to you in accordance with the corresponding rules. If your behavior constitutes a fundamental breach of the Agreement, Tuduoduo may close or delete your account and terminate the provision of services to you.

(C) Liability

If your behavior causes Tuduoduo and/or its affiliates to suffer losses (including its own direct economic losses, loss of goodwill and indirect economic losses such as compensation, settlement, attorney's fees, litigation costs, etc.), you shall compensate Tuduoduo and/or its affiliates for all of the above losses. If your behavior causes Tuduoduo and/or its affiliates to be claimed by a third party, Tuduoduo and/or its affiliates may recover all the losses from you after assuming the obligation to pay money to the third party.

11. Termination of the Agreement

(a) Circumstances of termination

You have the right to terminate this Agreement in any of the following ways:

1. You delete your account through the website when the conditions for account deletion announced by Tuduoduo Website are met;

2. If you stop using the services before the changes take effect and expressly do not want to accept the changes;

In the following cases, Tuduoduo can notify you to terminate this Agreement:

1. You violate the agreement, Tuduoduo terminate this agreement based on the default terms;

2. You steal other people's accounts, publish prohibited information, cheat other people's property, disrupt the market order, take improper means to make profits and other behaviors, Tuduoduo based on the rules of Tuduoduo Website for your account to be closed;

3. In addition to the above, if you violate the relevant provisions of the Tuduoduo Website Rules and the circumstances are serious, Tuduoduo will close your account according to the Tuduoduo Website Rules;

(b) Consequence after the termination of the agreement

After the termination of this Agreement, Tuduoduo still enjoys the following rights:

1. Retain the relevant information that should be retained by the Website in accordance with the law;

2. For your past breach of the Agreement, Tuduoduo can still pursue the responsibility of breach of the Agreement from you according to this Agreement.

3. After the termination of this Agreement, Tuduoduo may notify the counterparty and decide whether to close the order according to the counterparty's wishes for the orders generated during the period of this Agreement; if the counterparty requests to continue to fulfill the order, you shall continue to fulfill the agreement of this Agreement and the order, and bear any loss or increase in any costs incurred as a result.

12. Applicable Law and Jurisdiction

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. If any dispute arises between the parties in relation to the content of this Agreement or its implementation, the parties shall endeavor to settle it by friendly consultation; in the event that consultation fails, it shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in accordance with the arbitration rules of CIETAC in force at the time of the application for arbitration. The arbitration award shall be final and binding on both parties.

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