User Registration Terms for SmartNotebook Account

Welcome to Register SmartNotebook Account!

Please carefully read User Registration Terms for SmartNotebook Account. If you register your SmartNotebook Account successfully, that means you consent to these Terms.

“You” refers to the registered user of SmartNotebook Account.

“SmartNotebook” refers to the software we provide to scan, recognize, administrate, store, convert and share documents, etc. and related internet value-added services. In addition to these Terms, the Privacy Policy and other business rules we issued also constitute a part of these Terms. Please read them carefully.

I. Service of SmartNotebook Account

SmartNotebook Account is the internet account which you need to sign in when you use some of the function and related internet services of SmartNotebook. You can use SmartNotebook Account to carry out the function of storing, backing up and synchronizing your scan documents and relevant data, etc..

When using SmartNotebook, you may process the data of personal technology which belongs to you or your relatives and friends such as privacy technology etc.. In order to provide You the service with individuation and privacy, some of our services need to be used after You sign in your SmartNotebook Account.

You could set your SmartNotebook Account to use related services, such as booking some service or cancelling some service.

Some services of SmartNotebook Business are provied for a fee. You could use your SmartNotebook Account to pay the related fees, and use the paid services with that SmartNotebook Account after your successful payment. You may only obtain such services after you have paid related fees in time and in full. About the paid service, we will ask your consent before charges. If you need any technology or help, you may send an email to [email protected].

II. Registration, Use and Safety of SmartNotebook Account

You could register your SmartNotebook Account with software products www.SmartNotebook.com.

You promise to offer your truthful technology when registering SmartNotebook Account, and be willing to accept the adverse consequence to you as well as any damage to us or any third party, which are caused the false technology you offered. When you start to use some services, we will verify your identity, and you promise to coordinate positively with us. If not, you will not be able to use such services. You are required to keep the password of your SmartNotebook Account properly and be responsible for all the activities carried out under the SmartNotebook Account. You are kindly reminded to take specific measures to protect the safety of your SmartNotebook Account, including but not limited to proper keeping of account password, installation of anti-virus software and antispyware, changing password regularly and signing out after use, etc. If your SmartNotebook Account and password are embezzled, you shall be liable for all the liabiliites and consequences incurred during the period of embezzlement, unless you may prove such embezzlement is due to our intentional misconduct of gross negligence.

If you find that any person is using your SmartNotebook Account without authorization, please contact and notify us immediately at [email protected].

III. Privacy and personal technology

We respect user’s personal privacy and will protect your privacy and personal technology according to law. Please read our Privacy Policy carefully, which governs how we will deal with your technology.

We specially remind you that the technology you upload to SmartNotebook Account may be related to the personal technology or privacy of others. We will not disclose such technology you unpload without your authorization.

You understand and promise that you will pay full respect to the privacy of other users and any person whose technology is included in the business card you upload which you know, receive or have access to, You shall not gather, reproduce, save, spread, disseminate or abuse the privacy technology of others without authorization. If you use others’ personal technology miliciously or otherwise infringe upon other user’s privacy (including but not limited to causing harrassment to others), we will restrict or terminate your authority for the SmartNotebook Account at any time until removal of your account and reserve the right to unilaterally rescind the Services and pursue your legal liabilities.

IV. Providing services “as is”

SmartNotebook Account is provided on an “as is” basis based on the current technologies and conditions. We will use our best efforts to provide you with satisfactory services and ensure the consistency and safety of the services. Nevertheless we are not able to predict legal, technical or other risks, including but not limited to service interruption, data loss and other loss and risk as result of force majeure, virus, trojan, hacker attack, system instability, defect in third party services, and governmental act etc.. You explicitly understand and agree you will solely undertake any risks arising from the use of SmartNotebook Account and relevant services.

V. Services provided by the third party

In SmartNotebook Account, we allow you to call related services provided by a third party such as map, news, searching, social network site website, and email services, etc. We will call the third party’s services in SmartNotebook Account based on the API provided by related company. The actual service will be provided by related third party. With regard to the terms and conditions for use of the services, please refer to the related service rules issued by such third party. You and/or related responsible party shall be liable for the problems or losses incurred arising from your use of any third party’s services, and we will not undertake any direct or indirect legal liabilities.

VI. Contents produced by users

You are entitled to the copyright and other rights as to the lawful contents you upload to SmartNotebook Account.

The Contents Provider shall be responsible for any contents sent, uploaded, posted or released via SmartNotebook Account (including but not limited to business card technology, email, message, material, literary works, software, music, sound recording, picture, graph, video, data, user’s registration technology or other technology, etc., hereinafter referred to as “Contents”), whether transmitted in public or in private, you shall ensure that you have necessary authorization to upload such Contents. You agree to indemnify against all losses (including but not limited to compensation, attorney fees) incurred by QIHUI as a result of your activities. We reserve the right to review, screen, and delete the Contents or terminate the services pursuant to law.

As to the publicized contents, you agree to grant QIHUI the world-wide, royalty-free, non-exclusive, sub-licensable and permanent license to use the same. We may decide at our own discretion to use (including but not limited to reproducing, adapting, amending, creating derivative works, and translating) and distribute these Contents. At the same time you authorize QIHUI to file any action in its own name against any third party for the infringement upon the foregoing Contents and any of its derivative works and to receive all the compensations. You shall warrant that you have necessary authorization to grant such license to QIHUI. Notwithstanding the foregoing provision of reservation of rights, we will not necessarily use or distribute the Contents. Furthermore, such reservation of rights is only applicable to the Contents you have publicized rather than any personal technology or privacy which has not yet been publicized.

VII. Technology storage and synchronization

1. If you set up SmartNotebook in your terminal device and sign in your SmartNotebook Account, the data technology already stored by SmartNotebook in your terminal device will be automatically added to your SmartNotebook Account and will be stored in our servers. Your SmartNotebook Account will be bound with such terminal device in default, but you may unbind in the setting by signing out.

2. If you use SmartNotebook to directly amend the business card technology in your terminal device with your SmartNotebook Account signing in, or sign in and amend the data technology in SmartNotebook Account on our websites, such amendment will be synchronized in your terminal device and the server in the form of the latest amendment results. We hereby specially remind you that if you provisionally use your SmartNotebook Account via any terminal device not owned by you, you shall make necessary adjustment to your setting to avoid leakage of your or others’ personal technology and privacy.

3. Our system will store, backup and recover data technology based on your operation. Please read the user menu carefully to understand the default setting of the system and adjust the same based on your own preferences to properly use SmartNotebook Account. We remind you to backup your data by other means, and we will not be responsible for the data and other technology you fail to store or deleted by you at your sole discretion.

VIII. Code of conduct for users

1. You shall abide by local laws and regulation during your use of SmartNotebook Account, and you shall not produce, duplicate, publicize or release sensitive technology, illegal technology or any technology or material which a normal person considers as immoral, including but not limited to the following technology:(1) Contravening the basic principles determined by the Constitution;(2) Endangering national safety, divulging state secret, overturning state power and sabotaging national unity;(3) Damaging national reputation and interests;(4) Instigating ethnic hatred, discrimination and sabotaging ethnic unity;(5) Sabotaging national religious policies and advocating cults and feudalistic superstition;(6) Spreading rumors to disturb social order and sabotage social stability;(7) Spreading obscenity, eroticism, gambling, violence, murder, terrorism or subornation;(8) Insulting or slandering other person or infringement upon other person’s legal rights, or(9) Containing any other contents which are prohibited by laws and administrative regulations.

2. You shall not use SmartNotebook Account for any illegal purpose or use the same to conduct any illegal activities, including but not limited to:(1) Using SmartNotebook to carry out any act which may adversely affect the normal operation of internet;(2) Embezzling, gaining illegal access to or abusing other user’s SmartNotebook Account, other Corporate Account or technology contained in such Account;(3) Falsifying facts miliciously, or concealing truth to mislead and deceive others;(4) Publishing, transmitting, spreading advertising technology and junk technology, initiating, continuing or joining any speculation or illegal plan in any manner, or utilizing network and any other communication means to harass other person;(5) Releasing, spreading, disseminating, storing the Contents which infringe upon the intellectual property and trade secrets of others; or spreading or distributing or otherwise diffusing any document containing any picture, photo, software or other data which is protected by intellectual property law, unless you have corresponding rights, authorization or have obtained necessary approval; or(6) Any other act prohibited by laws and regulations.

3. You shall not engage in any activity jeopardizing the legitimate interests of QIHUI. Unless expressly provided by law or QIHUI has consented in writing, you shall not conduct any act not expressly authorized under these Terms during the use of SmartNotebook Account, including but not limited to:(1) Deleting all the technology regarding the copyright of SmartNotebook Account;(2) Reproducing the technology of SmartNotebook Account (including but not limited to the technology stored in any terminal device during the use of SmartNotebook Account as well as the technology exchanged between client and server, etc.) for commercial purpose, or amending, altering or mounting or creating any derivative works or products in any form including but not limited to using plug-in, add-on or third party tool/service to connect with, disturb or affect the Software and related system;(3) Restricting, prohibiting or otherwise interfering in or affecting any other person’s use or enjoyment the services of SmartNotebook Account (except for such safe and protection tools as parental control), including but not limited to releasing or transmitting any technology or software in the following nature: the technology or software including worm, virus or any other harmful function, or the traffic of which so generated may impede the using, sending or searching of technology by others;(4) Having access to or attempting to have access to SmartNotebook Account by any automatic means;(5) Using related technology and Contents of SmartNotebook Account for commercial use, lease, borrowing, reproduction of data, amendment, linking, reprinting, assembly, publication, and establishment of mirror image station, etc.;(6) Carrying out any operation for the purpose of manipulation or distortion, making any rating or comment which may damage SmartNotebook Account, or conducting any act that may affect the completeness or accuracy of the services of SmartNotebook Account; or(7) Any other act without the express authorization of QIHUI.

4. If you conduct any of the foregoing acts, you shall independently undertake related liabilities and we are not liable howsoever. If any damage is thus caused, you shall make compensation according to law, and we reserve the right to recover loss and claim for compensation according to law.

5. You agree to indemnify and hold harmless QIHUI from and against any loss incurred by QIHUI arising from your violation of these Terms, including but not limited to any claim, demand or loss made by any third party arising from or resulting from your act, and necessary expenses for us to deal with related matters such as attorney’s fee.

IX. Intellectual Property

You understand and agree that QIHUI has all the lawful rights to SmartNotebook Account, including the intellectual property in respect of software and services. The technology contained in SmartNotebook Account includes but is not limited to: words, software, audio/video files, pictures, graphs, all Contents contained in advertisement and the commercial technology we provided to you. The technology and Contents contained in SmartNotebook Account will be protected by copyright law, patent law, trademark law and other relevant laws and regulations. You may use these Contents only after obtained our authorization, or you shall not reproduce, alter, compile these Contents, or create any derivative works in connection with such Contents. Unless we and you otherwise agreed in writing, these Terms has not authorized you to use the name of any software, trademark, service mark, logo, domain name and other labels which have prominent features of the brand in respect of QIHUI.

X. Limitation of Liability

1. Please create SmartNotebook Account and use the Services through the official channels we provide. Otherwise, we are unable to guarantee the safety of your account. In addition, we will not be liable for any loss incurred by you or any third party due to your use of unauthorized account.

2. You are required to use SmartNotebook Account in a proper way. You may contact us directly to obtain necessary help: [email protected]. You will be liable for any loss due to your improper setting or improper operation.

3. You fully understand that SmartNotebook Account will involve internet services and may encounter various risk factors which may cause the relevant sercies be suspended. We will use our best efforts to conduct timely repair, provided that you shall be solely responsible for all losses incurred thereby, and we are not liable. Such risks include but is not limited to the service interruption and disruption as a result of the following reason:(1) Damage due to computer virus, trojan or other malicious program, and hacker attack;(2) A fault takes place in the software, system, hardware or communication lines of the terminal devices of the users or QIHUI;(3) Accident, natural disaster or governmental act;(4) Users’ use of any service which is not provided or authorized by QIHUI; or(5) Any other force majeure or factor beyond QIHUI’s control.

4. We will not provide any guaranty of any kind for any unpredictable or uncontrollable technical defect in the product, service stability and any loss or damage thereby caused; unless otherwise provided by laws and regulations.

5. We suggest you regularly export the business card technology for proper backup. We will not be liable directly or indirectly for any direct or indirect loss incurred during the period in which SmartNotebook Account cannot be normally used.

XI. Use by juveniles

SmartNotebook Account does not directly target any juvenile users. If you are a juvenile user and decide to register SmartNotebook Account to use SmartNotebook any way, please first have the consent of your guardian and/or other adult with guardianship duties and use the services under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for helping you to correctly understand the contents of these Terms and other related legal documents in order to guide you to use SmartNotebook Account and SmartNotebook in a correct way.

XII. Notification of infringed contents and counter notification procedures

1. Infringement notification:

Except for the provisions of these Terms, if any individual or group finds that any other user has infringed upon its lawful rights or interests by transmitting technology through the use of our services, such individual or group (hereinafter referred to as “Complainant”) will notify us in writing by giving us an official infringement notification for the purpose of protecting intellectual property rights. The infringement notification will include the following contents:

(1) Detailed contact technology of the Complainant, including its name, a copy of its identity card or passport (in case of an individual), a copy of its registration certificate (in case of a group), address, telephone number, fax and email address;

(2) Contents of suspected infringement as shown in this service to facilitate us to notify the user who manages the contents;

(3) Materials as preliminary proof of infringement act;

a) Ownership certificate to certify Complainant’s trademark rights, copyrights and other exercisable rights to the Contents pursuant to law in respect of the Contents of suspected infringement;

b) Specifying the contents of the suspected infringement has infringed upon the Complainant’s legitimate interests set forth in Section a) above;

c) The infringement notification shall also include the following statement: “(i) I own the rights or I am authorized to exercise the rights; (ii) I state that the technology contained in the infringement notification is adequate, true and accurate, and I am the owner of the statutory rights specified in Section a) of this infringement notification or I am authorized to exercise such rights. My lawful rights and interests are infringed upon by the Contents contained in the web pages which is suspected of infringement; and (iii) I hereby confirm that if anything contained in this infringement notification is untrue, I would liable for such misrepresentation”.

2. Counter notification:

If we remove your Contents or interlinkage based on the infringement notification, you may submit to us an official written counter notification. To enable us to deal with your counter notification as soon as possible, your counter notification shall be made in the following format (including numbering of the items):

(1) Detailed contact technology, including its name, a copy of its identity card or passport (in case of an individual), a copy of its registration certificate (in case of a group), address, telephone number, fax and email address;

(2) The technology, contents or web pages removed by us;

(3) Materials as preliminary proof of non-infringement;

a) The materials which can prove the legality of the Contents removed, including but not limited to the materials which can prove your rights to the Contents removed or that you have been authorized to exercise the rights to the Contents removed;

b) The counter notification shall also include the following statement: “(i) I own the rights or I am authorized to exercise the rights; (ii) I have the right or am authorized to provide or release the technology or Contents which are removed; I state that the technology contained in the counter notification is adequate, true and accurate, and I am the owner of the statutory rights specified in Section a) of the counter notification or I am authorized to exercise such rights; and (iii) I hereby confirm that if anything contained in this counter notification is untrue, I would bel liable for such misrepresentation”.

XIII. Formation and effectiveness of these Terms

By using and registration with SmartNotebook Account, you signify your consent to and acceptance of these Terms, i.e., these Terms will be binding upon you. If you do not consent to these Terms, please stop using SmartNotebook Account immediately.

If you have any opinion or suggestion with regard to our services or this User Agreement, you may contact us via our customer service department at [email protected], and we will use our best efforts to provide your with timely and necessary help.

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