Weline User Agreement
Update Date: July. 7, 2020
Effective Date: July. 7, 2020
Thank you for choosing Weline services and/or products (hereinafter “Weline Services” or “Services”) and entering into this Weline User Agreement (hereinafter this “Agreement”) with the Weline Services provider and operator (hereinafter “ we” or “us”).
1. Confirmation of Agreement
1.1 Please read and comprehend this Agreement carefully before using Weline Services. We have highlighted the key points in bold which require your special attention.
1.2 The terms and conditions of this Agreement constitute a prerequisite for you (individual and entities) to use Weline Services as provided by us. By visiting and/or using Weline Services, you acknowledge acceptance of all terms hereunder. If such terms are not acceptable, you are not in a position to use or continue to use Weline Services.
1.3 If any change is made to this Agreement, we will publish such change in advance by way of announcement on the website weline.io and the modification will come into force on the date of announcement. If the modification is unacceptable to you, you are not in a position to use or continue to use Weline Services. Both parties may also adjust the relevant Services and the corresponding terms of this Agreement by mutual consensus.
1.4 Please inform your guardian and read this Agreement and use our Services under your guardian’s guidance when you are a person with no capacity or limited capacity for civil conduct. All Applicable Laws (see definition 2.6 below) in your country and region shall be complied with, and you hereby confirm that the conclusion and performance of this Agreement does not breach any of the Applicable Laws of the country or region where you belong, reside, or conduct business or other activities.
2.1 Weline: means a network layer communication system of TCP/IP protocol and network communication service platform, which is based on VPN networking and quite multi-functional, including without limitation network security, virtual network management, intelligent household communication, private cloud storage communication, personal server communication and family server communication, however, it does not provide any video, photo, file or other content service.
2.2 User Account (or Account): means an account registered on the Weline website by a certain user, which is bound to the user’s mobile phone and email address.
2.3 Network: provides virtual slicing of real network, enabling user devices within the same network to connect directly and communication barrier-free. Every account may automatically acquire an exclusive network.
2.4 Device/Devices: means a basic unit of the network, which can communicate and connect with other online clients and online devices of the same network. Regular Devices include without limitation NAS private cloud storage devices, intelligent power economizers, smart cameras, and mobile phones and personal computers for login customers.
2.5 Credits: means a virtual currency that is used to circulate internally in the Weline system and needs to be paid in accordance with the data flow when resource access occurs. Fiat currency can be exchanged for credits, but not vise versa.
2.6 Applicable Laws (or Laws): any statutory or common laws, regulations, rules, ordinances, decrees, governmental orders, or other legislative means as applicable in the country or region where you belong, reside, or conduct business or other activities, including relevant updates, supplements and amendments thereto.
3.Scope of Service
3.1 Free networking. A virtual network may be established to connect devices from different regions and different networks. Free networking turns remote into local, and enables users to access their family LAN and office LAN anytime and anywhere, thus providing a safe and efficient channel for smart homes and telecommuting.
3.2 Security protection. After entering the virtual network, network access will be protected by the AES 256-bit encryption, and online communication data will be protected from hacker attacks, identity theft and illegal monitoring in normal conditions.
3.3 Intelligent node. Through intelligent nodes in the virtual network, remote network access will be more efficient and much faster.
3.4 NAS private storage. The NAS storage service allows users to enjoy their private space and public space safely, with multiple functions such as uploading, downloading, storage, automatic backup and sharing.
3.5 Resource sharing. Weline has set up an efficient and mutually beneficial platform for users to share their private resources.
4.Account Registration, Use, and Cancellation
4.1 When applying for the use of Weline Services, you shall provide information in an accurate and complete manner and make sure that all provided information maintains authenticity and validity. Do not impersonate any other person’s identity or use other person’s information such as email address and phone number. We will not take responsibility for any account dispute or related problems caused by false or non-updated registration information or other fraudulent behaviors. At the same time, we have right to block use of the Account involved temporarily or permanently, as the case may be.
4.2 When using the nickname, avatar, signature, message, notes or other functions in relation to Weline Services, please comply with the Laws, public policy and social morality of your country or region, and make sure that such use will not infringe any other third party’s legitimate rights and interests, otherwise we have the right to cancel your nickname, avatar, signature, message, notes, etc without prior notice.
4.3 The Account is for personal use only and shall not be transferred, lent, rented, sold to or shared with others.Otherwise, we have the right to temporarily or permanently block the the Account, as the case may be. User Account lays the foundation for us to identify users, so please keep it strictly confidential. All operations and instructions via your Account are deemed to be made by yourself. And if the Account, password and/or other information is misused, misappropriated, or illegally used, you will need to bear the relevant risks and losses incurred therefrom.
4.4 If you find that someone has misused or misappropriated your user ID, Account, login name or password, or if your mobile phone or other related devices is lost, please notify us immediately in an effective way. Under such circumstances, you may also apply for suspension or termination of our service. Please be noted that we need a reasonable period of time to take action upon your request, therefore we will not be liable for operations and instructions that have been carried out before us taking action.
4.5 In order to protect your Account, we may periodically or irregularly verify your identity in different ways, including but not limited to requiring verification codes, SMS verification, and email authentication. If you are unable to complete verification or refuse verification, we may reasonably suspect that your Account is abnormal or stolen, and suspend the provision of our Services or take further measures.
4.6 When you need to terminate the use of Weline Services, you can apply for cancellation of your own user ID or Account in accordance with our process and page prompts. It’s understood and agreed that, when you apply to cancel your user ID or Account, we will conduct a risk review in order to protect all users’ legitimate interests, and you shall make sure that there is no outstanding rights and obligations in respect of your user ID or Account or any other situation which may cause disputes due to Account cancellation.
4.7 After the user ID or Account is canceled, you will be no longer able to use our Services, and the rights and obligations of both parties will be terminated (except for those provisions which will survive the termination of this Agreement by the parties’ express agreement or by nature)with the following legal consequences:
4.7.1 All user browsing history and Credits will be reset and unrecoverable. All content, information, data, and records in respect of Weline Services via your Account will be deleted or anonymized.
4.7.2 The rights and interests in relation to your user ID and Account will become invalid;
4.7.3 You remain legally liable for breach of contract, infringement and other improper behaviors or non-completion of contract before canceling the user ID or Account;
4.7.4 Once the cancellation is carried out, the records, functions and other aspects of the Account will not be restored or provided.
5.1 All Account ownership belongs to us, and you will obtain the right to use as initial applicant after finishing registration of a certain account. ，You have the obligation to keep the Account and password properly, and you are responsible for the series of actions or activities which are carried out after logging in the Account and using the password. In view of the particularity of network service, we are not in a position to check if the Account and password are used by yourself, instead, we will check whether the Account and password are consistent with those information as stored in the database, and as long as such information is consistent, the login will be allowed. If the user is not the initial Account applicant, we have the right to block and take back the Account without notice and without incurring any legal liability to the user. For all losses arising therefrom, such us communication interruption and deletion of user profile, shall be at your own risk. If the use right of the Account is in dispute, we may temporarily block the disputed Account after receiving complaints from the relevant parties and give a reasonable period of time for the parties to prove their claims, after which we will make independent judgement based on the presented evidence and unfreeze the disputed Account accordingly.
5.2 To facilitate your use of other relevant services, you hereby authorize us to transmit the information you provide and/or create during your Account registration and use of Weline Services to our affiliates and other relevant service providers, or obtain from our affiliates and other relevant service providers the information you provide and/or create during registration and use of relevant services.
5.3 It’s agreed that in the process of providing Weline Services, we may place commercial advertisements or any other type of commercial and non-commercial information (including but not limited to placing ads at any place of Weline or in the content uploaded and disseminated by users), the method and scope of which can be changed without special notice. It’s further agreed that we may send promotional or other commercial information to users via email or other means. We will perform our obligations towards advertisers in accordance with the applicable laws. And it’s your responsibility to make your own judgment with regard to the authenticity of the advertising information and be legally liable therefor. We will not bear any loss or damage suffered by your party if you make any deal based on any advertising information or relies upon any content provided by advertisers.
5.4 Users are prohibited from engaging in any of the following activities:
5.4.1 Uploading, posting, sending or otherwise transmitting any content which (a) includes any terrorism, extremism, obscenity, pornography, homicide or terror, (b) instigates crime, (c) spreads hate speech or advocates acts of violence, (d) infringes upon the legal rights and interests of a third party, or (e) otherwise violates Applicable Laws or irritates people, including but not limited to news, documents, text, software, music, photos, graphics, information or other materials;
5.4.2 Intentional dissemination of malicious codes or program materials that contains viruses, network worms, Trojan horses or damaged files which interferes, damages or restricts computer software, hardware or communication equipment, Weline Services or related servers and network;
5.4.3 Impersonating any person or institution, or falsely representing or causing to be falsely associated with any person or institution;
5.4.4 Forging headline or otherwise manipulating identification materials so as to make people mistakenly believe that the content is transmitted by us;
5.4.5 Uploading, posting, sending or otherwise transmitting any content (such as internal information and confidential information) without authorization;
5.4.6 Uploading, posting, sending or otherwise transmitting any content that infringes any party’s patent, trademark, copyright, trade secret or other proprietary rights;
5.4.7 Uploading, posting, sending or otherwise transmitting any spam email, advertisements, marketing materials, promotional materials, or any other commercial communication without invitation or authorization;
5.4.8 Accessing Weline, collecting or processing any content provided via Weline by use of any automated programs, software, engines, web crawlers, web analysis tools, data mining tools or other similar tools;
5.4.9 Participating in any “framework”, “mirror image” or other technologies for the purpose of imitating the appearance and functions of Weline;
5.4.10 Sharing or publishing personally identifiable information of any person without his/her express consent;
5.4.11 Researching or testing whether the Weline system or other user systems are vulnerable to intrusion attacks, or otherwise circumvent (or attempt to circumvent) any security functions of the Weline system or other user systems;
5.4.12 Decoding, disassembling, decompiling or reverse engineering Weline, or otherwise trying to find the source code of the software, or attempting to carry out the above activities;
5.4.13 Opening multiple accounts or maliciously uploading duplicate or invalid large-capacity data and information for the purpose of damage or abuse;
5.4.14 Using, leasing, lending, coping, modifying, linking, reprinting, compiling, publishing, establishing mirror sites or otherwise disposing of the content in which we have intellectual property rights;
5.4.15 Coping, modifying, adding, deleting and connecting to run or creating any derivative works in respect of the Weline software or the data released into any terminal during the software operation, the interaction data between the client and server during software operation and the system data required for software operation. The above acts may be carried out by various means, including without limitation using plug-in, add-on, and unauthorized third-party tools/services to access software and related systems;
5.4.16 Adding, deleting or changing the software functions or operation effect by modifying or falsifying the instructions or data during operation of the software, or operating or disseminating the software and methods used for the above purposes to the public, regardless of whether these actions are for commercial purpose;
5.4.17 Logging in or using our software and service through any third-party software, plug-in, add-on or system, or making, publishing and distributing any third-party software, plug-in, add-on or system that are not developed or authorized by us.
5.5 If you carry out any of the above-mentioned acts or otherwise violates any Applicable Laws, you shall bear all unfavorable consequences incurred therefrom, and be responsible for eliminating any adverse effect caused to us as well ascompensating us for any and all losses caused thereby.。
5.6 If you carry out any of the above-mentioned acts or otherwise violates any Applicable Laws, the relevant governmental authorities or institutions may file a lawsuit, fine or take other sanctions against you and request our assistance. If any damage is caused, you shall be held liable for compensation in accordance with law, and we shall not undertake any responsibilities.。
5.7 If we find out or receive any reports or complaints from others that any of your acts is illegal or breaches this Agreement, we have the right to make independent judgment and take technical measures to delete, block or disconnect the link involved. At the same time, we have the right to take further measures including but not limited to giving warnings, freezing/suspending/terminating/limiting your use of Account or other functions, rescinding or terminating this Agreement, requesting for compensation, as well as holding you legally liable, depending on the nature of your actions.
5.8 Considering the fact that we only provide technical services such as information storage and transmission, we do not undertake any responsibility for your use of Weline Services.，All users shall be in strict compliance with applicable laws and independently responsible for direct and indirect civil, administrative, criminal and other legal liabilities due to information release, storage, transmission and other acts. If any losses (including but not limited to direct losses, indirect losses, reputation losses, third-party fines, claims, etc.) is caused to us, we have the right to recover from you in full. 。
5.9 We are not responsible for the authenticity, accuracy, integrity and validity of any information, content, advertisements and other materials of all other persons and third parties obtained by you when using Weline Services, unless otherwise expressly provided by Applicable Laws. If any entity or individual conducts any behavior through the above information, content, advertisements or other materials, you should judge and distinguish on your own and be careful to prevent risks. Whatever the reason, we will not undertake any direct, indirect, incidental or derivative losses and liabilities for those transactions or actions that do not occur directly between or with us.
6. Intellectual Property
6.1 Unless otherwise stated, any and all rights (including intellectual property rights, trade secrets and other related rights) are reserved by us and/or our affiliates for all the products, technologies, software, programs, data and other content or information (including text, pictures, audio and video, web page layout, charts, data and other rights and interests) which have been produced, created or launched for the purpose of or in relation to Weline Services. Any unauthorized use of the above content or information may infringe the rights of us and/or our affiliates, and the infringing party will be held legally liable.
6.2 We and/or our affiliates enjoy trademark and other rights in the People’s Republic of China and other countries or regions in respect of the word marks, graphic marks, name of the service operator and other marks or logos on or in relation to Weline Services. Prior written authorization from us and/or our affiliates shall be obtained for the purpose of publicity, display or other use.
7. Default Liability
7.1 Determination of default
You shall be deemed to have breached this Agreement under any of the following circumstances:
7.1.1 Beach of any Applicable Laws when using Weline Services;
7.1.2 Breach of any provisions of this Agreement;
7.1.3 In order to adapt to the Internet industry development and meet the massive users’ requirements of efficient and high-quality service,it’s mutually understood and agreed that we may prescribe procedures and standards for the identification of breaches in the Weline platform rules. For instance, we may determine whether you constitute a breach of contract by comparing your user data with massive user data; and you are obliged to provide sufficient evidences so as to reasonably explain your data anomalies, otherwise it will be deemed as a breach of contract.
7.2 Remedy measures
7.2.1 If any content or information you post on Weline constitutes a default,we may delete or block such content or information, suspend the use of your Account, freeze or terminate your Account, empty your virtual gifts and Credits, and/or take other measures in accordance with relevant rules.
7.2.2 If you carry out any act which has an adverse effect on Weline Services, you shall be deemed to be in breach of this Agreement, we may restrict your Account to participate in certain activities, suspend our Services in part or in whole and/or take other measures in accordance with the relevant rules. If your behavior constitutes a fundamental breach of this Agreement, we may close your Account and terminate our Services to you.
7.2.3 If you carry out any act in violation of Applicable Laws when using Weline Services, we may report and submit your user records and other information to the competent authorities pursuant to Laws. Meanwhile, we may publish on Weline your defaulting acts, our remedy measures and other illegal information as confirmed by relevant legal documents which are then effective and issued by the competent administrative or judicial authorities. In addition, we will carry out blacklist management and credit management and provide relevant services which are closely linked with users’ credit rating. If you are included in the blacklist, we are entitled to prohibit you from re-registering any Account and report to the competent authorities in time.
7.3 Compensation Liability
7.3.1 If any of your acts causes us and/or our affiliates any losses (including but not limited to direct economic losses, goodwill losses, third-party compensation, settlement, attorney fees, litigation fees and other economic losses), you shall compensate us and/or our affiliates for all the above losses;
7.3.2 If any of your acts causes us and/or our affiliates to suffer claims from any third party, we and/or our affiliates have right to recover all losses from you after undertaking obligations such as monetary payment to the third party.
7.4 Special statement
We perform basic protection obligations in accordance with Applicable Laws, however, we will not be responsible for failure, delay, cancellation or making necessary changes in performing our obligations partially or in whole if due to any of the following reasons:
7.4.1 Natural disasters, strikes, riots, wars, other acts of god, hacking activities, computer viruses, explosions, governmental actions, public health events, judicial or administrative orders, and/or any other third-party reasons;
7.4.2 Power supply failure, communication network failure and/or other public service factors;
7.4.3 Routine or emergency equipment maintenance, system maintenance, equipment or system failures, network security, data security and/or other similar factors, provided that we have acted in good faith;
7.4.4 Our infrastructure is deployed in different countries or regions and we do not guarantee that the services we control or provide in these countries or regions are appropriate and feasible. Any user who uses Weline Services in such jurisdictions shall comply with the local Applicable Laws, for which we do not undertake any responsibility.
It’s agreed that we may send various notices in any of the following ways:
8.1 Copywriting delivered on the website weline.io;
8.2 Pop-up messages and messages pushed by the client; and
8.3 8.3 E-mails, text messages, letters and other information. sent as per your contact information reserved on Weline.
8.4 Any notice under this Agreement shall be deemed as duly served the same day when it is sent successfully via any of the above-mentioned electronic means, and any written notice shall be deemed as duly served the fifth calendar day after it is sent to your mailing address by courier or mail as specified in the contact information.
8.5 Users shall make ensure that their contact information is accurate, effective and updated in a timely manner. In case of our failure or delay in delivering notices, legal documents or other information due to your inaccurate or non-updated contact information, you shall bear the adverse legal consequences arising therefrom.
9.1 Circumstances of termination
You have the right to terminate this Agreement if any of the following situations occurs:
9.1.1 You decide to cancel/de-register your Account through the website pursuant to the conditions as announced by Weline;
9.1.2 You refuse to accept our amended Agreement and therefore decide to terminate our Services before the amendment comes into force;
9.1.3 You are unwilling to continue to use the Weline Services and the Services termination conditions are satisfied.
9.2 We may notify you to suspend or terminate this Agreement under any of the following situations:
9.2.1 We decide to terminate this Agreement in accordance with the above-mentioned default liability clause in case of your default;
9.2.2 We decide to close your Account in accordance with the Weline rules or this Agreement if you have carried out any illegal or improper actions, such as transferring your Account, misappropriating any third party’s Account, providing false registration information, publishing prohibitive content or information or defrauding others of property;
9.2.3 We decide to close your Account in accordance with the Weline rules or this Agreement if you have repeatedly breached such rules and we deem the circumstances as serious;
9.2.4 We decide to de-register or empty your Account in accordance with this Agreement;
9.2.5 You have committed infringement upon any third party’s legitimate rights and interests, or other serious breach of contractual provisions or Applicable Laws when using Weline Services;
9.2.6 Other situations where our Services shall be terminated in accordance with Applicable Laws.
10. User Privacy
10.1 How do we collect and use your personal information
10.2 How do we share, transfer and publicly disclose your personal information
10.3 How do we store your personal information
10.4 How do we protect your personal information
10.6 How do we handle minors' personal information
10.7 How do you exercise your rights in managing personal information
10.8 How do we update this policy
10.9 How to contact us
11. Governing Law, Jurisdiction and Miscellaneous
11.1 This Agreement, including without limitation its formation, validity, interpretation, amendment, performance, termination and dispute resolution arising out of or in connection with this Agreement or its subject matter will be governed by and construed in accordance with the Applicable Laws of the country or region where you belong, reside or conduct business or other activities.
11.2 Any Dispute arising from or in connection with your use of Weline Services and/or this Agreement shall be settled through friendly negotiation between both parties. In case no settlement can be reached through negotiation, either party may file a lawsuit in the competent court where you belong, reside or carry out business or other activities.
11.3 If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions hereof.