GO SMS is a mobile software solely developed and operated by Guangzhou Jiubang Digital Technology Co., Ltd. Paid User Service Agreement is a legal agreement between you (hereinafter referred to as “You” or “Your”) and Guangzhou Jiubang Digital Technology Co., Ltd. (hereinafter referred to as “GO SMS”). Paid User is refer to the personal user who successfully registered GO SMS account and pay to use GO SMS paid services. 1 APPLICATION OF THIS AGREEMENT 1.1 YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO GO SMS IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT, THE APPLICABLE LAWS AND OTHER REGULATIONS. YOU SHOULD NOT REGARD NO READING THIS AGREEMENT AS THE DEFENSE OF APPLICATION UNDER THIS AGREEMENT. 1.2 GO SMS has the right to modify the terms of this Agreement regarding the updates of GO SMS. You can check the modified version of this Agreement from GO SMS or the official website. You understand and agree that if you continuously use GO SMS after the date on which these terms have changed, GO SMS will treat your use as acceptance and compliance with the updated terms. 2 TERMS OF SERVICE 2.1 You should provide the completed, detailed and true personal information for GO SMS registered account, and update your information timely when you login. You understand and agree: once the account settings, you should not be alternative. Your password of account can be altered under the terms and regulations of GO SMS. In no event shall GO SMS be liable for the risk due to the wrong account information. GO SMS can push recommended information to you timely and you agree to accept this kind of information. 2.2 It is your obligation to take and maintain the safety of your account and password. GO SMS should not liable for any risks and losses due to your account or password losing, assignment and etc. Once finding your account or password has been unlawfully used, you should notify GO SMS immediately and provide relevant certificates to suspend your account. GO SMS is not liable for damages due to account safety. 2.3 You assume full legal responsibility of the activity and behavior through your account and engage any actions that violate laws and regulations, the relevant provisions of the GO SMS service agreement or infringe on the legitimate rights and interests of other third parties. GO SMS should not assume any liability. 2.4 You cost payment through the account to enjoy services provided by GO SMS in accordance with the rules of GO SMS. 2.5 GO SMS will provide specific instructions of services. You hereby confirm that, the services may also result network fees charged by operators. If you do not agree the content of services, you should not pay for it. Your payment REGARDS AS YOUR FULLY ACCEPTANCE AND UNDERSTANDING of services and you should not demand GO SMS to refund this payment. 2.6 GO SMS can solely determine or modified services (including but not limited to content, condition, payment). 3 LIMITATION OF SERVICE 3.1 You agree to use GO SMS in a manner permitted by this Agreement. You conduct your behaviors accordance with following terms(including but not limited to): 3.1.1 Comply with relevant laws and regulations of the Peoples Republic of China; 3.1.2 NO any illegal use of GO SMS; 3.1.3 Comply with all services and software, network services related to network protocols, regulations and procedures; 3.1.4 Not carry out any acts that could damage, attack, server overload or any acts that may affect the destruction of GO SMS; 3.1.5 Shall not use GO SMS to carry out any acts that might adversely affect the normal operation of the software or network services or may interfere with normal use of the services provided by GO SMS; 3.1.6 Shall not use GO SMS to transmit any harassing, libelous, abusive, threatening, vulgar, obscene, invasive of anothers intellectual property or public / private rights of any other illegal information; 3.1.7 Shall not conduct behaviors that may harm to GO SMS; 3.1.8 Should take appropriate communication with GO SMS and cooperative business partners, services, products, business consulting, and shall not be publicly release any disadvantageous comments about GO SMS; 3.1.9 Shall notify GO SMS immediately once finding illegal use of your account. 4 INTERRUPTION AND TERMINATION OF SERVICE 4.1 One of the following circumstances occurs, GO SMS reserves the right to stop or interrupt the services provided (including but not limited to paying customers service), does not need to assume any responsibility for you or any third party without notice: 4.1.1 Software’s timely update, upgrade, repair, and other reasonable service interruption; 4.1.2 GO SMS’s partners or telecommunications network system software and hardware equipment failure, malfunction or a human operators negligence; 4.1.3 Force majored; 4.1.4 Based on the requirements of the law or legal procedures; 4.1.5 Based on the provisions of other legislation or national policy; 4.2 You and GO SMS can termination of whole or part of the services without responsible to any user or third party for termination of service at any time. 5 PRIVACY 5.1 Protection of user privacy is a basic policy of GO SMS; 5.2 You can access GO SMS Privacy Policy. 6 DISCLAIMER 6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, GO SMS DOES NOT GUARANTEE EXPRESSLY: INCLUDING BUT NOT LIMITED TO, THE SERVICES OF MERCHANTABILITY, SUITABILITY, RELIABILITY, ACCURACY, COMPLETENESS, VIRUS-FREE, ERROR-FREE, TO MEET THE PAYING CUSTOMERS REQUIREMENTS, TIMELINESS, SECURITIES. ANY EXPRESS AND IMPLIED WARRANTIES AND RESPONSIBILITIES. 6.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, GO SMS ASSUMES NO RESPONSIBILITY TO PAY ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR REQUEST (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY DAMAGES , PRIVACY LEAKAGE, PECUNIARY LOSS OR OTHER LOSS). 7 BREACH OF AGREEMENT 7.1 You agree to protect and maintain the interests of GO SMS and other users and assume the liability for damages resulting from violation of relevant laws, regulations, or any of the provisions under this Agreement to GO SMS or any other third person. 7.2 You agree to compensate for GO SMS and its subsidiaries, affiliates, servants, and all relevant personnel losses due to your violation of relevant laws and regulations or breach of this Agreement. 8 APPLICABLE LAWS AND JURISDICTION 8.1 The validity and interpretation of this Agreement is applicable to laws of the People’s Republic of China. Both You and GO SMS agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit settlement of lawsuits to competent court of .
Posted on: Tue, 17 Jun 2014 07:26:11 +0000
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