To use WhatsFilm, you should read and abide by the "Service Agreement" (hereinafter referred to as the "Agreement"), please be sure to carefully read and fully understand the clauses, especially the exceptions or limitation of liability clause, jurisdiction terms and clause of law application.
I. THE ACCEPTANCE AND MODIFICATION OF THE AGREEMENT
A.This Agreement is an agreement between you and Lion & Phoenix Culture Co., Ltd. (hereinafter referred to as "L'Est Films Group") about your use of WhatsFilm operated by L'Est Films Group.
B.This Agreement is the prerequisite of your use of WhatsFilm, unless you accept the terms of this Agreement, or you have no right to use the service relating to the Agreement. Your use of WhatsFilm is deemed that you agree to be bound by the terms of this Agreement.
C.L'Est Films Group reserves the right to modify the content of this Agreement, and once this Agreement is modified, the information will be showed on WhatsFilm relevant pages or L'Est Films Group will notify you by e-mail. If you do not agree to the modified Agreement, you may renounce the use of or access to WhatsFilm or cancel the service you have been obtained; and if you choose to continue to visit or use WhatsFilm after the modification of this Agreement, you are deemed to have accepted the modifications of the Agreement.
II. SERVICE DESCRIPTION
A.WhatFilm offers an online platform for users to upload information freely, find information and exchange information.
B.L'Est Films Group provides services to users over the network on its own system.
Unless explicitly stated, otherwise, any new functions that improve the current service, including new products and newly-added services, are all applicable to this Agreement.
III. TO BECOME A WhatsFilm USER
A. You can be a WhatsFilm user by the following ways:
1.Register with your true and accurate information according to the prompt of WhatsFilm, if successfully registered, you can get an account and password of WhatsFilm;
2.You will be provided an account and password directly by L'Est Films Group if you cooperate with or send request to L'Est Films Group.
The content you have filled in and your personal information must be true and valid, otherwise WhatsFilm is entitled to reject your application or cancel your account. If your information changes, you should revise the registration information timely, otherwise the resulting liability for your rights can not be fully or effectively exercised will be on your own shoulders, and L'Est Films Group have the right to terminate your account accordingly. You should take reasonable measures to maintain the security of your account and password. You take full liability for all the activities using your account and password; any losses or damage caused by those activities are at your own risk, L'Est Films Group does not bear any liability. If your account is unused for a long time, L'Est Films Group has the right to close the account.
B. All the rights of a WhatsFilm user's account owned by L'Est Films Group, you have a limited right to use your account.
IV. USER'S BEHAVIOR RESTRICTIONS
A. When using WhatsFilm, you must comply with the laws and regulations, shall not use WhatsFilm to engage in illegal, criminal activities, including but not limited to:
1. Publishing, transmitting, disseminating, storing any content that
endangers national security and unity, undermines social stability, violates public order and morals, and that involves insult, defamation, obscenity, violence, or that violates state laws and regulations;
2.Publishing, transmitting, disseminating, storing any content that infringes upon other people's legitimate rights of intellectual property or trade secrets;
3.Making up facts or hiding the truth maliciously to mislead or deceive others;
4.Publishing, transmitting, disseminating advertising information or spam information;
5.Other behaviors prohibited by laws and regulations.
6.If you violate this clause agreement, the relevant state organizations or agencies may prosecute, fine you, or give you other legal punishment, and they may request the assistance from L'Est Films Group. If causing damage, you shall indemnify for damage according to law, L'Est Films Group does not bear any liability.
7.If L'Est Films Group discovers or gets message that the information you've released is in violation of this clause, L'Est Films Group has the right to make independent judgment and take technical means to delete, prevent or break your links. Meanwhile, depending on your behavior, L'Est Films Group has the right to take measures, including but not limited to, suspending or terminating its service, restricting, freezing or terminating your account, and asking you to bear your liability by law.
B.When using the WhatsFilm, you should comply with relevant local laws and regulations, respect local ethics and customs. If you are in violation of local laws and regulations or ethics and customs, you should take independent liability.
C.You should avoid leaving L'Est Films Group involved in political and public affairs during your use of the Service, otherwise L'Est Films Group has the right to suspend or terminate its service for you.
D.Your account can be used only by yourself, you shall not grant, loan, transfer or sell your account. Otherwise L'Est Films Group has the right to freeze or terminate your account without notifying you, and the resulting losses shall be borne by yourself.
E.You cannot use reverse engineering or other techniques to break or circumvent the technical measures of WhatsFilm, which is designed to protect users' copyright, and you cannot download the works available on WhatsFilm without copyright owners' permission. If you are found to have such behavior, L'Est Films Group will close your account and notify the copyright owner to take action to you.
A.In the course of using the Service, you may encounter force majeure and other risks, breaking the service off. Force majeure refers to unforeseeable, insurmountable, and unavoidable objective events causing a major impact on one party or both, including but not limited to, natural disasters such as floods, earthquakes, plague and storms, as well as social events such as war, riots, government behavior. Under the circumstances, L'Est Films Group will timely cooperate with the relevant organizations to repair it, and L'Est Films Group will relief from the resulting loss caused to you within the law limits.
B.As for message and information or any content (collectively, the "Information") that you obtain from WhatsFilm, L'Est Films Group does not guarantee the legality, authenticity, accuracy, and completeness of the "Information". If you make any behavior via the "Information", you shall identify the authenticity and take precautions against risks, otherwise, for whatever reason, L'Est Films Group is not liable for any transaction and / or behavior of any direct, indirect, incidental or consequential damages.
C.Within the extent permitted by law, L'Est Films Group is not liable for the service interruption or disruption on the following situations (including but not limited to):
1. Destroyed by computer viruses, Trojan horses or other malicious
programs, hacker attacks;
2.The failure of your or WhatsFilm's computer software, systems, hardware or communication line;
3.Your improper operation;
4.You use the Service without authorization from L'Est Films Group or WhatsFilm;
5.Other circumstances that L'Est Films Group cannot control or reasonably foreseeable.
D. L'Est Films Group does not guarantee (including but not limited to):
1.WhatsFilm meets your use requirements;
2.WhatsFilm remains undisturbed, secure, reliable, and provides service timely and ineffably;
3.Any service or information that you obtain through WhatsFilm meets your expectations.
The loss of your profits, business reputation, information or other tangible or intangible losses caused by following reasons, L'Est Films Group is not liable for any direct, indirect, incidental, consequential or punitive damages:
1.WhatsFilm is in use or out of use;
2.Any service or information acquired via WhatsFilm;
3.Your information has been used or modified without authorization;
4.Other matters related to WhatsFilm.
VI. THIRD-PARTY LIABILITY
You upload or publish content via What's Film, and make connection to WhatsFilm, if your behavior violates this Agreement or infringes the rights of others, which leads to claims made by any third party, you agree to indemnify L'Est Films Group and its subsidiaries, affiliates, agents, or other partners and employees, and indemnify them from damage.
L'Est Films Group will notify you by e-mail or page bulletin.
VIII. THE GOVERNING LAW AND JURISDICTION
A.As for its effect, performance, interpretation and the settlement of dispute, the Agreement shall be governed by the laws of People's Republic of China. The invalid terms of the Agreement, because of conflicts with existing laws of People's Republic of China, do not affect the validity of the other parts.
B.Any dispute arose from or caused by this contract or performance of this contract, the both parties should settle the dispute through amicable negotiation; if negotiation fails, either party can file a lawsuit to People's Court, in Chaoyang District, Beijing.
Lion & Phoenix Culture Co., Ltd.
I. The Information May Be Collected
A.Personal information you offered when you register or use WhatsFilm, such as your name, company name, phone number, e-mail address and contact information;
B.Information you disclosed on WhatsFilm;
C.Information you shared with others on WhatsFilm, and information you stored on WhatsFilm;
D.Your information shared by other parties when they use WhatsFilm;
E.Technical information collected through cookies: including but not limited to, the browser type, language, access date and time, hardware and software features, device type, device ID, operating system, resolution, telecommunication operators, other information you provide when you use WhatsFilm, including your communication information and shared information;
F.Other information you shared, which is collected via other legitimate ways on WhatsFilm.
II. How the Information May Be Used
We may use your information for the following purposes (including but not limited to):
A.To provide you with services;
B.The information may be used for authentication, customer support, security protection, monitoring fraud, archiving and backup purposes, to ensure the safety of products and services we provide to you;
C.To help us create new products and improve our existing services;
D.To give us a better understanding of the way you access and use WhatsFilm, so that we can meet your individual needs better. For example, we can improve our services for you and other users in many aspects such as language settings, position setting, personalized help and instructions, etc.
E.To provide you with related content and users and other information tailed to you, so that you need not to search it mass information;
F.To allow you to participate in the surveys on our products and services;
G.Other information we may collect in order to provide you with better services.
III. With Whom the Information May Be Shared.
Without your consent, we and our related parties will not share your undisclosed personal information on WhatsFilm with any third party, except for the following circumstances:
A.We and our affiliates may share your personal information with our other affiliates, partners and third-party service providers, contractors and agents (for example, communication service providers who may sent an e-mail or message to you on behalf of us; map service providers who provide us location data, and they may not be located in your jurisdiction);
C.WhatsFilm is to provide you with information and users in compliance with your request, so we and our affiliates may provide your personal information to other registered users on WhatsFilm in order to provide you with better services;
D.With the continued development of our business, we and our affiliates may have a Merger& Acquisition, transfer of assets or a similar transaction, your personal information may be transferred as part of such transactions. We will notify you before the transfer.
E.We or our affiliates may store, preserve or disclose your personal information for the following needs:
1.Comply with applicable laws and regulations;
2.Comply with the orders of the court or other legal provisions;
3.Comply with the requirements of relevant government agencies;
4.In order to comply with applicable laws and regulations, to safeguard the public interest, or to protect personal and property safety and other legitimate rights of our customers, our company and affiliates, and our employees.
On the condition that you did not refuse to accept cookies, WhatsFilm will set or access your computer cookies, so that you can log in WhatsFilm and use the services relying on cookies, and the data are used anonymously. Users can get more personalized services and extension services.
You can modify your browser settings to reject cookies; but if you choose to reject cookies, you may not log in WhatsFilm or use the services and functions dependent on cookies.
V. External Links
When you use our services, we may use your information to send you an e-mail, message or push notification. If you do not want to receive such information, you can unsubscribe it following our instructions.
VIII. Contact Us
If you have any questions about our privacy practices, performance of the policy, or usage of the web, please tell us your comments or suggestions by e-mail to: email@example.com
Lion & Phoenix Culture Co., Ltd. (hereinafter referred to as "L'Est Films Group") respects and protects copyright and other intellectual property rights. If you think the content of WhatsFilm uploaded or disseminated by other users infringes your relevant rights, please give WhatsFilm a notice of rights, WhatsFilm will take steps to delete the infringing content according to relevant laws and regulations.
Issues about individual or organization intellectual property infringement, such as copyright and trademark right infringement, please sent your complaint materials to: firstname.lastname@example.org
Sent your related copyright materials by e-mail to:
B6-56, 22 INTERNATIONAL ART PLAZA, PINGOD, 32 BAIZIWAN ROAD,
CHAOYANG DISTRICT, BEIJING, CHINA / 100022
Complainant shall provide the following materials to WhatsFilm, otherwise we will not take relevant measures, including deleting the related information:
II．The name (title) of owner, contact information, address, ID card scanning (individuals), business license (organization), ID card of the legal representative (organization);
III．The exact name and network address of the works involving infringement, which you request to delete or break the link so that WhatsFilm can do preliminary examination to discover the allegedly infringing works;
IV．Preliminary evidence of infringement, including but not limited to, ownership certification of the work’s copyright or the right to network dissemination, and the proof of infringement.
V．The notice is required to be signed by the owner or the authorized person, the official seal is needed if not individual.
VI．The owner is responsible for the authenticity of the notice. If the notice is untrue, the owner will assume full legal liability.