User Agreement
This User Service Agreement is valid from Jun 6 2024
Welcome to use "Brainstorm Blitz" software and related services! "Brainstorm Blitz" software and related services (hereinafter referred to as "this product" and "this service") refer to the client applications legally owned and operated by Brainstorm Blitz Network Technology Co., Ltd. (hereinafter referred to as "the company"). . The "User Service Agreement" (hereinafter referred to as "this Agreement") is the agreement between you and the company regarding your downloading, installation, registration, login, use of the "Brainstorm Blitz" software, and access to the related services provided. In order to provide you with better services, please read and fully understand this agreement before you start to use the "Brainstorm Blitz" software, especially the terms concerning the exemption or limitation of liability, the terms of rights license and information use, and the agreement to open and the terms of use of special individual services, applicable law and dispute resolution terms, etc. Your use of this product constitutes your agreement to this agreement. The user agreement will be updated from time to time, and the update will take effect immediately and replace the previous agreement. Please check the latest version of the user agreement in time.
If you are under the age of 18, please read and fully understand this agreement accompanied by your legal guardian, and use the "Brainstorm Blitz" software and related services with the consent of your legal guardian. IF YOU DO NOT AGREE TO THIS AGREEMENT IN WHOLE OR IN PART, DO NOT DOWNLOAD, INSTALL OR USE THE PRODUCT.
If you are under the age of 14, please do not try to use our products or send us any information about yourself. Use of our Apps or Services requires you to be at least 14 years old, and we recommend that minors 14 years of age or older obtain parental permission before sending any information about themselves to anyone on the Internet.
1. License and Rights Statement
1. License
The Company grants you a non-exclusive, non-transferable, non-commercial, revocable license to download, backup and use this product. The company authorizes you to use this product and this service on your mobile device for personal, non-commercial purposes only. You may not reverse engineer, decompile or disassemble this product or attempt to access the source code of this product, except and only to the extent expressly permitted by applicable law and to the extent permitted by applicable law to allow a contractual waiver of such rights, you Hereby waive your right to do so
2. Intellectual Property
2.1 Brainstorm Blitz Network Technology Co., Ltd. owns all the ownership and intellectual property rights of this product. This product is protected by the intellectual property laws of China and other countries and international intellectual property conventions (including but not limited to copyright law, trademark law, patent law, etc.). All rights not granted to you are reserved by the company, and you may not remove the company's copyright marks or other rights notices from this product.
2.2 Without the written consent of the company or relevant rights holders, users shall not implement, utilize, transfer or license any third party to implement, utilize or transfer the above intellectual property rights for any profit or non-profit purpose. Rights to Licensed Actions.
3. SOFTWARE PROPERTY RESERVED
You confirm that you do not own the ownership of the software, the software has not been sold to users, and the company retains the ownership of the software.
4. Notes
4.1 You may not assign this product or these Terms of Service and or any rights or obligations under this Agreement without the prior written permission of Brainstorm Blitz Network Technology Co., Ltd.
4.2 Your rights under these Terms of Service will automatically terminate if you breach any material obligations under these Terms of Service. Upon termination of these Terms of Service, you will destroy all copies of the Product immediately upon termination.
4.3 All rights not granted to you are reserved by the company, and you may not remove the company's copyright marks or other rights statements from this product.
2. Account management and user data protection
1. Account login
You can log in to "Brainstorm Blitz" and carry out related activities. When you log in to "Brainstorm Blitz", you should have the civil capacity for your actions as stipulated by the laws and regulations of the People's Republic of China, and be able to independently assume the corresponding legal responsibilities in accordance with the laws and this agreement.
2. Account cancellation
2.1 Please understand and agree that this product will cancel your account when the following circumstances occur, and will not assume any responsibility for this:
(1) You violate laws and regulations, this agreement or the management regulations of this product
(2) In accordance with relevant laws and regulations or at the request of administrative, judicial and law enforcement agencies, cancel your account
(3) If you have user behaviors that are not allowed in the "3. User Code of Conduct" regulations below, if the user needs to cancel the account, you can send us a request by email ([email protected] ). We will cancel the user account to delete related data and stop related services after receiving the user's request. If a user has a security complaint or report on personal information, he or she can send a request to us by email, and we will verify and handle it after receiving the user's request.
2.2 After the account is cancelled, the user cannot use the cancelled account and cannot find any records and messages in the account. The data in the cancelled account will be automatically cleared.
4. Information Authorization and Collection
In order to provide better services, we will collect some of your information or data. When you register for an account, when you click on the user service agreement and privacy policy statement in the agree interface, it means that you have agreed and authorized the collection and collection of some of your information. analyze.
3. User Code of Conduct
1. During the process of using the account of "Brainstorm Blitz" and logging in to the platform, it is prohibited to use the personal information of other users in any way, such as collecting, copying, storing, disseminating, or else, the user shall bear the consequences arising therefrom.
2. You can participate in the activities in the software and obtain benefits according to the rules of the activities. You must strictly abide by the activity rules, ensure the authenticity and legality of its user behavior, and must not use the software through any illegal means.
3. In particular, you shall not engage in or facilitate the following acts:
(1) Invite other users to download and register "Brainstorm Blitz" by cheating and other methods that violate the principle of good faith;
(2) Click the content by manual repeated clicks, automatic programmatic clicks, etc.;
(3) Domain name hijacking, malicious jumping, malicious brushing, cheating, etc. through the involved links or promotional content;
(4) Registering maliciously by purchasing a large number of mobile phone numbers, device numbers, etc. to illegally obtain registration data.
5. When you use this product, you should abide by the bottom line of laws and regulations, the socialist system, national interests, legitimate rights and interests of citizens, public order, social morality and authenticity of information, and ensure that when registering and using this product, never The following behavior occurs:
(1) Acts that violate the provisions of the Constitution of the People's Republic of China and relevant laws and regulations
(2) Acts that endanger national security, undermine national unity, and subvert national power and sovereignty
(3) Acts of spreading false remarks, advocating cults and feudal superstitions, inciting ethnic discrimination and hatred, and disrupting social order
(4) Acts of obscenity, pornography, gambling, violence, murder, terror or instigation of crime
(5) Acts that insult or slander others and infringe on the legitimate rights and interests of others
(6) Any other content prohibited by laws and administrative regulations or behaviors that violate other provisions of "Brainstorm Blitz" "Brainstorm Blitz" has the right to determine whether the user constitutes cheating or not based on its own operation logic and third-party anti-cheating mechanism. other breaches. If "Brainstorm Blitz" determines that the user has cheated or other breach of contract, "Brainstorm Blitz" has the right to freeze the user's account. If the user has any objection to this, he can appeal to "Brainstorm Blitz" by email and provide corresponding evidence to support it. Whether the end user constitutes cheating is subject to the determination of "Brainstorm Blitz".
If the content you upload, publish or transmit contains the above information or content that violates laws and regulations, or violates the legitimate rights and interests of any third party, you will be fully responsible for all the adverse consequences caused by the above. If any adverse consequences are caused to "Brainstorm Blitz" or Chengdu Tiantianxingchen Network Technology Co., Ltd., you shall be responsible for eliminating the impact and compensate this product and the company for all losses caused thereby, including but not limited to property damages, reputation damages Compensation, attorney fees, transportation fees and other reasonable expenses arising from rights protection.
4. Infringement compensation
Neither Chengdu Tianjixingchen Network Technology Co., Ltd. nor its affiliates, subsidiaries and licensors shall be liable for any claims based on or arising out of:
(1) Intentional or negligent acts of anyone other than the product provider;
(2) The combination, operation or use of the product with any equipment, device or software not provided by Brainstorm Blitz Network Technology Co., Ltd.
(3) Changes or modifications to the product.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SECTION STATES THE ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS OF INFRINGEMENT.
V. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. Except as expressly provided in these Terms of Service, Brainstorm Blitz Network Technology Co., Ltd. and its affiliates, subsidiaries and licensors make no other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. guarantee. Chengdu Tianjixingchen Network Technology Co., Ltd., its affiliates, subsidiaries and licensors expressly disclaim all warranties not stated in these Terms of Service. Any implied warranties that may be imposed by law are limited to the terms contained in these Terms of Service to the fullest extent permitted by law.
2. Due to the system downtime for maintenance, upgrade and adjustment announced on the platform, third-party reasons such as communication equipment failure in the telecommunications sector, computer virus or hacker attack, technical problems, network, computer failure, system instability, typhoon, earthquake, tsunami, The company and its partners are not responsible for all losses caused by floods, power outages, wars, terrorist attacks, government regulations and other force majeure reasons; the "Brainstorm Blitz" software will try its best to maintain the security and safety of all services on the account. Convenience, but does not assume any responsibility for data deletion or storage failures in the service. If the normal operation of the service is affected by force majeure events such as technical failures, the company promises to cooperate with relevant units as soon as possible to deal with and repair in a timely manner, but the company and its partners are not responsible for all losses suffered by the user as a result. You fully understand and agree that due to business development needs, emergencies, etc., "Brainstorm Blitz" may change, suspend, limit or terminate some or all of its services, and "Brainstorm Blitz" does not require prior notice for such actions. Users are aware of and voluntarily assume such risks and related legal responsibilities.
3. "Brainstorm Blitz" will provide corresponding services in accordance with the stipulations of this agreement, and be responsible for the daily maintenance and troubleshooting of the service, but the failure caused by your fault, force majeure or reasons beyond the control of this product and the company, The company does not assume any responsibility.
4. In order to provide service quality or special needs, "Brainstorm Blitz" can upgrade and maintain products and services when needed according to the actual situation. Please refer to the upgrade and maintenance, which may cause your services to be temporarily unavailable. You agree "Brainstorm Blitz" and Brainstorm Blitz Network Technology Co., Ltd. do not assume any responsibility. Please support and cooperate with the upgrade and maintenance of "Brainstorm Blitz". If you do not cooperate with the above behavior of "Brainstorm Blitz", you will be fully responsible for any consequences.
5. When the user uses the product or requests us to provide specific services, the product may call a third-party system or support the user's use or access through a third party, and the results of the use or access are provided by the third party (including but not limited to this The advertisements displayed in the product, and the webpages, APPs, pictures and other online and offline content and services that jump to after clicking the advertisements displayed in this product), we do not guarantee the safety and accuracy of the services and content provided by third parties. We have nothing to do with us, and we do not assume any responsibility for any disputes and damages arising therefrom. Users need to make their own judgments and bear the corresponding risks.
6. Copyright Policy
Any end user shall not infringe the intellectual property rights (including but not limited to patents, trademarks, trade secrets, copyrights and other proprietary rights) of others by using the products of Brainstorm Blitz Network Technology Co., Ltd., if you are the copyright owner or authorized representative, if any content Infringement of your copyright, you may file a notification under the laws relating to digital editions by providing us with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner or the exclusive rights agent accused of infringement; - Identification of the copyright claimed to be infringed; - Identification of the material claimed to be infringing, and its location within the application; - reasonable information sufficient to allow the service provider to contact you; - a statement that you believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and; - a statement under penalty of perjury, the above The information is accurate and you are the copyright owner or authorized to act on the owner's behalf.
We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that your notice may be void if you fail to comply with all the requirements of this section.
7. General Terms and Conditions
1. These Terms of Service constitute the entire agreement between you and Brainstorm Blitz Network Technology Co., Ltd. with respect to the subject matter of this Agreement and supersede all prior and contemporaneous written and oral representations, proposals, negotiations and communications, including but not limited to any purchase order terms and conditions.
2. Brainstorm Blitz Network Technology Co., Ltd. may assign any rights or obligations under these Terms of Service or this Agreement and any cause of action arising therefrom to any third party without notifying you. No waiver or failure by either party to exercise any right under this Agreement in any way shall be deemed a waiver of any other right under this Agreement. The invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
3. Chengdu Tianjixingchen Network Technology Co., Ltd. will not be responsible for failure to perform its obligations under these Terms of Service due to circumstances beyond its reasonable control, including but not limited to force majeure, war, riot, terrorism, embargo, civil or military authorities act, fire, flood or accident. You agree that Chengdu Tianjixingchen Network Technology Co., Ltd. is entitled to other available legal and equitable remedies to protect its own intellectual property, proprietary and confidential information and its licensors, including but not limited to seeking and obtaining injunctive relief and enforcement. right. Likewise against you without issuing bonds or other such guarantees.
8. Applicable Law and Disputes
If the company finds or receives reports or complaints from others that a user violates this agreement, the company has the right to impose penalties on the violating account according to the circumstances of the breach, including but not limited to warning, restricting or prohibiting the use of all or part of the functions, account ban until cancellation punishment, and announce the result;
1. The user understands and agrees that the company has the right to take certain measures against users who violate the provisions of the user agreement according to reasonable judgment. It shall solely bear all legal liabilities arising therefrom;
2. The user understands and agrees that the user shall assume full responsibility and compensate the company and the All losses of cooperative companies and affiliated companies;
3. Users should ensure that they use the software services of "Brainstorm Blitz" legally and compliantly, and shall not perform automated acts, shall not conduct any cheating, shall not implant Trojan horses in the application, and force or force the use of services by abnormal means. In case of inappropriate or illegal losses to the company, the user shall compensate, including but not limited to direct losses, indirect losses, loss of available profits, litigation fees, attorney fees, etc.
4. If the company finds or receives reports from others or complains that the user has obtained interests through abnormal means such as violations of laws and regulations, it has the right to impose penalties on the account, including but not limited to withdrawal, clearing and account ban, and investigate the corresponding legal responsibilities.
9. Agreement modification and termination
"Brainstorm Blitz" has the right to modify or supplement the terms of this agreement according to national laws and regulations, technology and industry practices, market conditions, website operations, etc. The modified or supplemented terms of service will be updated in "Settings-User Agreement" , you can log in to view the latest terms of service at any time. If you do not agree with the updated terms of service, you can immediately terminate the use of this product and this service. If you continue to use the services provided by this product, you are deemed to agree to the updated user agreement and follow the revised or supplemented terms and conditions
10. Version upgrade
The future upgrade version plan of this product is determined by the company at its own discretion. If the product and this service provide an upgraded version, unless the upgraded version contains a new product agreement or there are other major changes, the upgraded version will still use this agreement. If you choose to operate the upgrade, it means that you have clearly agreed to and abide by this "User Service Agreement". If you do not agree with the "User Service Agreement" of this product, please do not perform any upgrade operations.
Eleven, other
1. The titles of all clauses in this agreement are for reading convenience only, have no actual meaning in themselves, and cannot be used as the basis for the interpretation of the meaning of this agreement.
2. The establishment, entry into force, performance, interpretation and dispute resolution of this agreement shall be governed by the laws of the Mainland of the People's Republic of China.
3. If you have any dispute with Brainstorm Blitz Network Technology Co., Ltd., you agree to contact us first and try to resolve the dispute informally with us, and we each agree to resolve any dispute arising from or related to this agreement in accordance with relevant laws .
4. If the terms of this agreement are partially invalid or unenforceable for whatever reason, the remaining terms are still valid and binding on both parties.
5. You confirm again that you have fully read and clearly understood any terms in this agreement, and you unconditionally agree to be bound by this agreement.
6. The company has the final right to interpret this user service agreement.
7. The company's contact email: [email protected] , any complaints, suggestions or other questions from users can be fed back to the company through this email.