Version Last Updated Date: April 14, 2023
Version Effective Date:April 19, 2023
- Confirmation and Acceptance of Service Terms
- The ownership and operation right of DiFluid Café App(hereinafter referred to as "the Application") and each electronic service provided through This Application belongs to Shenzhen Digitizing Fluid Technology Co.,Ltd (hereinafter referred to as "Digitizing Fluid Technology"), and the services provided by the Application will be strictly performed in full accordance with the terms of service and operating rules published. When you acknowledge all the terms of service and complete the registration procedure, this Agreement shall be established and come into legal effect between you andDigitizing Fluid Technology, and you shall become an official user of the App
- According to the changes of national laws and regulations and the operation needs of the Application, Digitizing Fluid Technology has the right to modify the terms and relevant rules of this Agreement from time to time, and the modified content shall become effective once published in any form on the Application and shall supersede previous relevant provisions. You shall pay attention to the changes of announcement, prompt, agreements and rules of the Application from time to time. You understand and acknowledge that if you do not agree to the updated content, you shall stop using the Application immediately; if you continue to use the Application, you will be deemed to have acknowledged the changed content and agree to accept it.
- Digitizing Fluid Technology reserves the right to modify or interrupt the service of this Application at any time without notice and without any consequences caused to you or any third party.
- Please focus on the clauses which are prominently marked in bold. If you click the "Agree" button, you shall be deemed to have fully accepted this Agreement. Before clicking, you shall confirm that you have read and fully understood all the contents of this Agreement.
- Notice for Service
- Based on the network service provided by the Application, you acknowledge and agree that:
(1) The registration information you provide shall be true, accurate, complete, legitimate and valid, and shall be updated in a timely manner in case of any change;
(2) If the registration information you provide is illegal, untrue, inaccurate or incomplete, you shall bear the responsibilities and consequences therefore, and Digitizing Fluid Technology shall reserve the right to terminate your use of various services of the Application.
2 、 For your account (s), password (s) and security information in the Application, you acknowledge and confirm you have known that:
(1) Once you successfully register with the Application, you will become an official user of the Application and get a user account, which you may use your password to log in any and all websites of Digitizing Fluid Technology and the Application;
(2) You shall take reasonable measures to maintain the security of your account (s) and password;
(3) You shall be fully responsible for all activities conducted by using your account (s) and password to log in the Application or any other websites of Digitizing Fluid Technology;
(4) if you find any use of your account and password without your legitimate authorization or any other security issues occur, you may notify Digitizing Fluid Technology immediately;
(5) due to network technical reasons and to better ensure the security of your account and password, please terminate the use of your account after each connection. If you fail to terminate the use of your account in a timely manner, Digitizing Fluid Technology cannot ensure the security of your account and password;
(6) If you haven't used your account for more than five years, Digitizing Fluid Technology has the right to close your account and delete the contents therein.
III. Protection and Authorization of Users' Personal Information
1 、 You acknowledge and agree that, in order to facilitate your use of the services relating to the Application, the Application will store information necessary for your use, including but not limited to, your username, avatar, contact information (including mobile phone number, email address, etc.), photo album, calendar, location information, etc. Unless regulated by laws and regulations, Digitizing Fluid Technology shall not publicize or disclose your personal information to a third party without your consent. Digitizing Fluid Technology adopts professional encryption storage and transmission manner for relevant information and takes reasonable measures to protect the security of users' personal information.
2 、 When you use a particular service of the Application, the service may be subject to separate agreement and relevant business rules (hereinafter collectively referred to as "separate agreement"). You shall read and agree the relevant separate agreement before using such service; your use of the aforesaid particular service is deemed as you have read and agreed to accept the relevant separate agreement.
3 、 You fully understand and agree that:
(1) To cooperate with administrative supervision authorities and judicial authorities in their implementation, to the extent stipulated by laws, Digitizing Fluid Technology has the right to provide such administrative and judicial authorities with relevant information stored by you during your use of the Application, including but not limited to your registration information, or use relevant information for evidence preservation, including but not limited to notarization or witness;
(2) Digitizing Fluid Technology protects your right to information and right to choose in the process of installation or use in accordance with the law. When you use the service of the Application, your consent shall be obtained in advance for the services relating to functions provided by Your Devices. Upon your confirmation, Digitizing Fluid Technology has the right to activate functions including but not limited to location collection, address book access, use of camera and recording and other necessary auxiliary functions;
(3) Digitizing Fluid Technology has the right, according to actual situation and within the extent stipulated by laws, to determine the maximum storage period of data of a single user in the Application and services, and to allocate the maximum storage space of data on the servers and etchb.
- Users’ Code of Conduct
1 、 You agree to comply with the following rules for naming when registering an account:
(1) Do not register as the real name, stage name or pen name of any leader of CPC and the state, or other social celebrities;
(2) Do not impersonate any individual or organization, and do not register with a name that may easily lead people to believe that you are associated with any individual or organization;
(3) Do not register with a name that is similar to that of any other users;
(4) Do not register with an uncivilized or unhealthy name, and the registered name shall not contain discriminatory, insulting and indecent words;
(5) Do not register with a name that may easily cause ambiguity or misunderstanding.
2 、 You agree to strictly abide by laws, regulations and rules and comply with the following obligations:
(1) Do not produce, transmitte or publish any of the following illegal information materials: (1) being against the basic principles determined by the Constitution, or inciting the resistance to or violation of the implementation of the Constitution and laws and regulations; (2) endangering national security, disclosing state secrets, subverting the state power, undermining the national unity, or inciting overthrow of the socialist system; (2) jeopardizing national honor and interests; (3) distorting, vilifying, desecrating or denying the deeds and spirit of heroes and martyrs, or damaging the names, portraits, fame and honors of heroes and martyrs; (4) promoting or inciting the implementation of terrorism, extremism and activities thereof; (5) inciting ethnic hatred, ethnic discrimination and undermining national unity; (6) inciting illegal assembly, association, procession, demonstration, and gathering a crowd to disturb social order; (7) undermining state religious policies, or promoting cults or feudal superstitions; (8) spreading rumors to disturb economic and social orders; (9) disseminating obscenity, pornography or violence or abetting crimes; (10) insulting or slandering others, or infringing upon the fame, privacy and other legitimate rights and interests of others; and (10) other contents prohibited by laws and administrative regulations.
(2) Prevent and resist production, reproduction and publication of adverse information materials containing the following contents: (1) seriously exaggerating the title, or the published contents seriously inconsistent with the title; (2) improperly commenting on natural disasters, major accidents and other disasters; (3) inciting group discrimination or regional discrimination; (4) advocating vulgar, philistine or kitsch contents; (5) violating social morality; (6) infringing upon the legitimate rights and interests of minors; and (6) other contents that have adverse impacts on network ecology.
3 、 This Agreement is formulated in accordance with the relevant laws, regulations and rules of the State. You also agree to strictly abide by the following obligations:
(1) Transmission of data and information from the mainland of China to overseas shall comply with the relevant laws and regulations of China;
(2) Shall not use the Application to engage in money laundering, stealing trade secrets, stealing personal information or any other illegal or criminal activities;
(3) Shall not interfere with the normal operation of the Application, or intrude into the Application and the national computer information system;
(4) Shall not transmit or publish any illegal, criminal, harassing, defaming, abusive, intimidating, harmful, vulgar or uncivilized information or material;
(5) Shall not instigate others to engage in illegal activities or activities prohibited by this Agreement and platform rules;
(6) Shall not use the accounts registered with the Application to carry out profit-making business activities, including but not limited to uploading or uploading advertisements, banners or signs;
(7) Shall not disseminate any contents that infringe others' personal information, copyrights, trademarks and other intellectual property rights or legal rights.
4 、 You shall be responsible for your words and actions on the Application. If you distribute or disseminate reactionary, pornographic or other information that violates the law of the nation on the Application, the system records of the Application may be used as the evidence of your violation of laws.
Specifications for Use of the Application
1 、 Acquisition and Updates of the Application:
(1) you may obtain the Application directly from the App Store, Google Play or a third party authorized by Digitizing Fluid Technology; if you obtain software from a third party not authorized by Digitizing Fluid Technology, Digitizing Fluid Technology cannot guarantee that such software can be used normally and shall not be liable for losses suffered by you thereby;
(2) In order to improve users' experience and complete services, Digitizing Fluid Technology will continuously make efforts to develop new services and provide software updates to you from time to time. After the release of a new version, the old version of the software may be unavailable and Digitizing Fluid Technology does not guarantee the availability of the old version or provide relevant customer services. Please check and download the latest version at any time.
2 、 Unless permitted by laws or permitted by Digitizing Fluid Technology in writing, you shall not engage in any of the following activities in the course of using the Application:
(1) Delete information regarding copyright in the Application and any copies thereof;
(2) Reverse engineer, disassemble or decompile the Application or otherwise attempt to discover the source code of the Application;
(3) Use, rent, lend, copy, modify, link, repost, compile, publish, publish and set up mirror websites for the content whose intellectual property right is owned by Digitizing Fluid Technology;
(4) Copy, modify, add, delete, hook run or create any derivative works of the Application or data released into the memory of any terminal in the operation of the Application, data interacted between the client and the server in the operation of the Application and system data necessary for the operation of the Application, in any form including but not limited to access to the Application and relevant systems by using plug-ins, plug-ins or third-party tools/services authorized by Digitizing Fluid Technology;
(5) Add, delete or change the functions or operation results of the Application by modifying or falsifying the instructions and data in the operation of the Application, or operate the software or methods used for the above purposes or communicate to the public, regardless of whether these activities are for commercial purposes or not;
(6) Use any software, plug-in, plug-in or system of the third party developed or authorized by Digitizing Fluid Technology to login or use the Application and service, or produce, publish or disseminate any above tools;
(7) Interfere or authorize others or third party software to interfere with the Application or its components, modules or data.
- Liability for Breach of Contract
1 、 If Digitizing Fluid Technology finds or receives reports or complaints about your breach of this Agreement or any malicious act, Digitizing Fluid Technology at any time shall have the right to delete or block relevant contents without notice , and depending on the circumstances, impose punishments including but not limited to warning, restriction or prohibition on using part or all of functions, block account, cancellation of acount and other punishments on the accounts committing the illegal acts based on the circumstances, and announce the punishment results.
2 、 Digitizing Fluid Technology shall have the right to, based on reasonable discretion, take Appropriate legal action against any acts breaching relevant laws, regulations or this Agreement, keep relevant information and report to relevant authorities in accordance with the laws and regulations. You shall bear all legal liabilities arising therefrom on your own.
3 、 You understand and agree that, you shall be solely liable for any claims, demands or losses of a third party arising out of or resulting from your breach of this Agreement or related service terms and you shall also compensate such losses if Digitizing Fluid Technology suffers therefrom.
4 、 Unless otherwise expressly specified in writing, Digitizing Fluid Technology do not claim or warrant any representations in any form, express or implied (except those required by the laws of PRC) to the operation of the Application, or to the information, content, materials, products or services contained in the Application.
VII. Ownership and Intellectual Property
1 、 Once you accept this Agreement, for any form of information and content, such as text, comment, picture, photo, video, audio, etc., provided, uploaded, created or published by you in the Application (including but not limited to coments on other users or the topical articles, etc.)you grant to Digitizing Fluid Technology and its affiliated companies, until the expiration of the protection period, an irrevocable, worldwide and exclusive license, free of charge, to use all legal rights and interests related to copyrights (including but not limited to the right of reproduction, right of distribution, right of rental, right of exhibition, right of performance, right of screening, right of broadcasting, right of compilation and other licensable rights of use of the said copyrights), right of portrait, user ID name and all related thereto, portrait right, user ID name and all other information in any formright of portrait, user ID name and all related legal right and interests. For the rights and interests Digitizing Fluid Technology qualifies to launch litigation, Digitizing Fluid Technology shall have the right to collect evidence and file a lawsuit against any infringement of third parties in its own name. You agree that Digitizing Fluid Technology and its affiliated companies shall have the right to store, use, copy, revise, edit, publish, display, translate, distribute, promote, publish, issue and transmit your above information by information network, and shall have the right to adapt and produce derivative works and incorporate such information into other works in forms, media or technology now known or developed in the future.
2 、 Digitizing Fluid Technology shall have the right to sub-license all rights set forth in Article 7.1 to other third parties.
3 、 You shall ensure that none of the information set forth in Article 7.1 published in the Application will involve any infringement of any third party's portrait, privacy, intellectual property or other legitimate rights and interests. Otherwise, Digitizing Fluid Technology shall have the right to take measures including but not limited to deleting, disconnecting links at any time.
4 、 This Agreement constitutes a written license agreement of using copyright, property rights and other rights stipulated by Article 26 (Article 26 of the Copyright Law of the People's Republic of China, determined in accordance with the Copyright Law, revised in 2020) and relevant laws, and this Agreement shall be binding upon any content protected by copyright laws that you publish in the Application, regardless of whether such content is produced before or after this Agreement is concluded.
5 、 You shall agree and have fully understood the terms and conditions hereof and promise not to use any information published in the Application in any form or authorize any other person to use in any way (including but not limited to the use on various websites and media) .
6 、 Unless otherwise mandatorily required by laws, without the express and special written consent of Digitizing Fluid Technology, no institution or individual is allowed to illegally reproduce, reprint, quote, link, crawl or otherwise use any information content in the Application in part or in whole in any way. Otherwise, Digitizing Fluid Technology shall have the right to claim on the legal responsibility of the relevant institution or individual.
7 、 Materials and information published in the Application (such as texts, graphics, logos, button icons, images, sound clips, digital downloads, data editing and software) are the property of Digitizing Fluid Technology or its content providers and are protected by PRC and international copyright laws. The compilations of all the contents on the Application are the exclusive property of Digitizing Fluid Technology and are protected by PRC and international copyright laws.
VIII. Governing Law, Applicable Law and Miscellaneous
1 、 The conclusion, execution and interpretation of this Agreement and the settlement of disputes shall be governed by and in accordance with the laws of the People's Republic of China. If any dispute arises between the Parties in connection with the contents or performance of this Agreement, the Parties shall endeavor to resolve such dispute amicably through negotiation. If the negotiation fails, either Party may file a lawsuit to the people's court of competent jurisdiction located in the execution place of this Agreement. This Agreement is executed in Longhua District, Shenzhen, Guangdong Province, People's Republic of China.
2 、 If any clause of this Agreement is deemed to be revoked, invalid or unenforceable for any reason, it shall be deemed severable and the validity or enforceability of any remaining clauses shall not be affected.
3 、 Other rights which are not expressly authorized by this Agreement shall be reserved to Digitizing Fluid Technology, any exercise of such rights by you shall be subject to an additional written consent of Digitizing Fluid Technology. Digitizing Fluid Technology's non-exercise any of the above rights shall not constitute a waiver of such rights.