User Agreement
Welcome to register and use XP-Pen Account
This Agreement is entered into by and between you and XP-Pen Technology CO. with respect to the registration and use of the XP-Pen Account. XP-Pen Technology CO.(hereinafter referred to as "XP-Pen") hereby reminds you to read the terms and conditions of this Agreement carefully and fully understand, especially the terms of Disclaimer of Warranty, Limitation of Liability, and Rights and Limitations, and choose to accept or not to accept this Agreement (minors should read this Agreement accompanied by legal guardian). XP-Pen may suspend or stop providing our Services to you if you do not comply with our terms or policies. By your registration, login, usage of the Services, or other actions, you acknowledge that you have read and understood, and agree to accept and be bound by the terms and conditions of this Agreement.
By accepting this Agreement, you agree to accept all constraints, including accepting XP-Pen to reserve the right to modify the terms of this Agreement at any time, without additional notice to you. You can log in on our webpage at any time to check the latest User Agreement. If you cannot accept any content that we have changed, you shall stop using XP-Pen Services. By your continued use of our Services, you agree to accept and will be bound by the modified terms of this Agreement.
I. Terms of Usage of Our Services
You may visit the Site without registration. However, you need an XP-Pen Account ("Account") and provide relevant personal information on the registration webpage in order to access more Services. You can delete or suspend your account under the instructions of the Site, and we will keep or delete your Account based on this Agreement.
You hereby commit and undertake the following:
•You understand and agree that the Site is an application service product. You shall take full responsibility for the authenticity, legality, accuracy, and validity of your registration information; You shall also be responsible for updating any changes in your registration information to keep it up to date; You shall not post any information in the name of others; you shall not use registered accounts maliciously; otherwise, we reserve the right to suspend the Services and you shall fully bear all legal liability.
•You shall use the Site and Services in accordance with all applicable laws and take all responsibility for activities under your registered Accounts, including your statements and any loss or damage that may directly or indirectly arise from your statements. You should estimate the risks of the content on your own and take all risks from it, including the risk that lies on the correctness, integrity, or practicability of the content. XP-Pen will not take any responsibility for any loss or damage that results from this behavior or activity;
•You have the obligation to take good care of the registration information on the Site and are responsible for all the activities. You must immediately notify XP-Pen if you find any illegal or unauthorized activities. XP-Pen will not be liable for damages or losses arising from a user’s non-compliance with any of the provision(s) above;
•All your statements on the Site are public information that any third party has access to. Any statement posted on the Site will be deemed as public information, and the user should bear legal liability for this action. If you do not want any third party to get your statements, please do not post them on the Site.
You shall also understand and hereby acknowledge the following:
The user accepts that in relation to business development, we may change, suspend, restrict, terminate, or revoke the rights of our services at any time without notice;
•We may include advertisements, etc. in our Services;
•We have the right to suspend, at our sole discretion or determination, any content that violates the laws and regulations in any jurisdiction or the terms of this Agreement; that infringes, prejudices, or threatens any right or safety; or that impersonates others. We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification of violators and saving relative information, and reporting to relevant authorities based on the applicable laws and regulations;
•Some of our Services have to be used with other networks, including but not limited to the application market and the theme market.
II. Introduction to XP-Pen Account
•XP-Pen Account refers to the identification tool which is owned and managed by XP-Pen and which is used for verifying the identity of the user. As a registered user, you only have the right to use the XP-Pen Account initially registered in your own name.
•You may enjoy the products and services of XP-Pen and its affiliates by registering for an XP-Pen Account.
•All the products and services of XP-Pen and its affiliates shall be governed by this Agreement. When you enjoy any individual service, you shall be bound by the terms and conditions of this Agreement.
III. Use Rules of Account
Registration of Account
•Before you start the registration procedure and use XP-Pen Account, you shall be a person with full capacity for civil conduct. Minors are permitted to use XP-Pen Account only with the consent of their parent or guardian. You are subject to and are solely responsible for abidance by all laws and regulations of the jurisdiction in which you reside and from which you access or use your XP-Pen Account.
•You shall provide timely, detailed, and accurate personal information, and constantly update the registration information in line with the aforementioned requirements. You warrant that all information you have submitted at the time of registration (including but not limited to mobile phone number, email address.) is truthful, accurate, legal, and valid and belongs solely to you. XP-Pen will not be responsible for any related problems arising from untruthful registration information or untimely updates. You may check and correct your information on the XP-Pen Account setting web pages. You shall use the real identity information to authenticate the registered account, and all registration information such as the account name, avatar, and profile submitted by you shall not be illegal or harmful. If the above situation exists after XP-Pen's examination, the registration will not be allowed by XP-Pen; meanwhile, after the registration, if XP-Pen finds that you swindle the account name for registration with false information, or if your account avatar, profile, and other registration information are illegal or harmful, XP-Pen has the right to take measures unilaterally, including but not limited to requesting correction within a time limit, suspending of use and termination the use of your account. You will successfully register an XP-Pen Account and become an XP-Pen registered user if you follow the registration page prompts to fill out the information, read and accept all the terms of this Agreement and complete all registration procedures.
Use of Account
•You shall be responsible for all acts related to your XP-Pen Account (including but not limited to posting information, purchasing goods and services, and disclosing information).
•Your XP-Pen Account contains the details about your personal information and XP-Pen business information, therefore your XP-Pen Account is for your personal use only. Without the consent of XP-Pen, the behavior that you directly or indirectly authorize a third party to use your XP-Pen Account or obtain information related to your account is invalid. If XP-Pen, pursuant to the certification procedures and standards for breach as agreed in XP-Pen's platform rules, determines that the use of your XP-Pen Account may endanger the security of your account and XP-Pen 's information safety, XP-Pen may refuse to provide services or terminate this Agreement.
Custody and Retrieval of Account
•XP-Pen Account includes account name and password. You may log in with the created account name (including account ID, mobile phone number) and password. You shall safeguard your account and password, and change your password regularly. If you need to retrieve the XP-Pen Account information due to a losing account issue caused yourself, please provide the corresponding information in accordance with the process of XP-Pen Account retrieval, and ensure that the information provided is legal, truthful, and valid. If the information provided fails to meet the requirements and cannot pass the XP-Pen security verification, XP-Pen has the right to refuse to provide account retrieval service;
•If your current XP-Pen Account is not initially registered by yourself or is obtained through other ways provided by XP-Pen, provided that you know the password of such XP-Pen Account, you shall not log in with such XP-Pen Account or take any action except notifying XP-Pen or the person initially registered this XP-Pen Account.
Assignment of Account
•You may use the XP-Pen Account within the scope as agreed in this Agreement. You shall not maliciously register the XP-Pen Account, nor give, borrow, rent, assign, or sell the XP-Pen Account with or without compensation, or otherwise permit the non-initial registrant to use the XP-Pen Account. XP-Pen has the right to independently determine and deal with the aforementioned behaviors.
XP-Pen has the right to take the following measures against you in accordance with laws and regulations:
•If you violate laws and regulations, XP-Pen's Independent Agreements, or business rules, XP-Pen has the right to make independent judgments and take measures, including but not limited to requesting correction within a time limit, suspending of use, termination of the use of your XP-Pen Account, and to decide whether to resume the use of such account pursuant to actual conditions.
•If XP-Pen finds that you are not the initial registrant for such an account, XP-Pen has the right to terminate the use of your account.
•XP-Pen will, in accordance with this Agreement or relevant laws and regulations, require you to correct within a time limit, suspend or terminate the use of your XP-Pen Account.
Account Withdrawal
•In order to make full use of the resources available through your XP-Pen Account, if you fail to log in to your XP-Pen Account for 24 consecutive months or login your account through other methods approved by XP-Pen, XP-Pen has the right to terminate the use of your XP-Pen Account and discontinue its provision of services to you. If there is any pending transaction and the like related to this account, XP-Pen may assist you in a reasonable manner. Please follow the instructions of XP-Pen.
Account Security
•Your account is created and safeguarded by yourself. XP-Pen will not require you to provide your password at any time. We recommend that you take appropriate measures to protect your account, including but not limited to installing anti-virus Trojan software, and changing your password regularly.
•XP-Pen will not be liable for any losses and consequences arising out of your accidental disclosure, attacks, or fraud by others. You shall recover from the infringer through judicial, administrative authorities, and other remedies.
Account Cancellation
•You may apply for cancellation of your XP-Pen Account if you decide to terminate the use of the XP-Pen Account service. And the following conditions shall be fulfilled.
•You may only apply for cancellation of your own account in accordance with XP-Pen's process.
•You shall still be responsible for your behaviors when you enjoy the XP-Pen services prior to the cancellation of your XP-Pen Account.
•You shall be aware that the termination of the XP-Pen Account means user information will be removed from XP-Pen's database.
IV. User's Rights and Obligations
You are subject to and are solely responsible for abidance by all laws and regulations of the jurisdiction in which you reside and from which you access or use your XP-Pen Account. When you use XP-Pen services, you shall not use XP-Pen services for any illegal or improper activities, including but not limited to the following activities:
Uploading, displaying, posting, spreading, or otherwise transmitting information containing one of the following contents:
• Opposing the basic principles specified in the Constitution;
• Endangering national security, revealing state secrets, subverting state power, and undermining national unity;
• Damaging the country's honors and interests;
• Inciting ethnic hatred, ethnic discrimination, and destruction of national unity;
• Breaking religious policies of the State, or blazoning forth evil cults or feudal superstition;
• Disseminating rumors, disrupting social order, and undermining social stability;
• Spreading obscenity, pornography, violence, encouraging gambling, murder, or terrorism;
• Insulting or slandering others and infringing the legal rights of others;
• Containing false, harmful, coercive content, and invasion of privacy, harassment, infringement, slander, vulgarity, obscenity, or otherwise morally objectionable content;
• Involving other contents restricted or prohibited by Chinese laws, regulations, rules, ordinances, and any legally binding norms;
Do not use the XP-Pen services to engage in the following activities:
• Entering the computer information network or using computer information network resources, without permission;
• Deleting, modifying, or adding the computer information network function, without permission;
• Deleting, modifying, or adding the data and applications stored, processed, or transmitted in the computer information network, without permission;
• Deliberately making and disseminating destructive programs such as computer viruses and the like;
• Other behaviors that endanger computer information network security.
If there is any claim, requirement, or loss (including reasonable attorney fees）asserted by any third party against XP-Pen, XP-Pen's partner companies, and affiliates arising from your violation of the provisions of this Agreement or the relevant terms of services, you agree to indemnify and hold harmless XP-Pen, XP-Pen’s partner companies and affiliates from any damage. At the same time, XP-Pen has the right, depending on the nature of your conduct, to take measures including but not limited to deleting the published information, suspending the use of the XP-Pen Account, terminating the services, restricting the use of the XP-Pen Account, and seeking liability. Meanwhile, XP-Pen will assist in the investigation of the requirements of the judicial departments.
You shall not replicate, copy, sell, resell, or use for any other commercial purposes concerning any part of XP-Pen services or the use or acquisition of the XP-Pen services.
You shall be legally responsible for your behaviors in the use of XP-Pen services. The forms of legal liabilities include but are not limited to, compensation for the victim, and the equivalent compensation that you shall reimburse to XP-Pen after XP-Pen first assumes the responsibility for administrative punishment or tort damage arising from your behaviors.
V. Disclaimer
XP-Pen shall not assume any legal liability in any of the following circumstances:
• Providing your personal information in accordance with legal provisions or at the requirements of relevant government departments;
• Any disclosure of any personal information arising from improper use by yourself or other reasons;
• Any circumstance that fails to meet your requirements arising out of service interruption, blockage, etc. caused by hacker attacks, invasion of computer viruses, illegal information, shielding of harassment information, government regulations, and any other reasons such as network, technology, communication lines, information security management measures, etc.;
• Any circumstance arising from third party's (such as operator's) communication line failures, technical problems, network issues, computer failure, system instability, and other losses caused by force majeure;
• Any risk arising from the use of XP-Pen's products, programs, and services that may have anonymous or impersonating information containing threats, defamatory, offensive, or illegal content;
• Any interaction between users and other users through this website or XP-Pen's products, programs, and services, results in or may result in any psychological, physical damage and economic loss due to misleading or deceptive;
• XP-Pen services expressly declares that the timeliness, safety, and accuracy of XP-Pen and its partner companies' services are not guaranteed by express, implied, or in any form.
• No content posted by you using the XP-Pen Account shall represent and reflect any opinions or policies of XP-Pen, and XP-Pen shall not be responsible for it.
• Under no circumstances shall XP-Pen be liable for any indirect, consequential, punitive, incidental, special, or penal damages, including loss of profits arising from your use of the XP-Pen services. Notwithstanding any conflicting provision contained herein, our entire liability to you, whatever any reason or any behavior, shall not exceed the fees (if any) that you paid to XP-Pen for the use of the XP-Pen Service during the registration period.
The warranties, guarantees, or liabilities as provided by the local laws applying to you shall not be excluded or limited by a contract. Nothing in the terms and conditions of this Agreement shall affect the rights legally entitled to you as a consumer, or diminish any of the legal rights and duties that cannot be contractually agreed to alter or waive.
VI Intellectual Property Rights
•The information you publish in XP-Pen shall not infringe the intellectual property rights of any third party. Without the prior written consent of the relevant intellectual property owner, you shall not upload, post, modify, spread, or replicate any copyrighted materials, trademarks, or proprietary information belonging to others by any means. After receiving appropriate notice from any copyright owner or its legal representative to XP-Pen, we will remove such content of the copyright infringement based on the examination.
•The intellectual property rights of the original contents (such as the texts, pictures, videos, software, and performances) posted and uploaded by enjoying XP-Pen Service through XP-Pen Account belong to you, provided that you confirm that your publication and uploading of such contents shall be deemed that you non-exclusively, permanently and irrevocably authorize XP-Pen to use, copy, and exercise other rights of all intellectual property rights relating to such contents, and you agree that XP-Pen may sublicense above-mentioned rights.
•You shall not use any intellectual property rights of XP-Pen without prior written consent of XP-Pen. You warrant, represent, and undertake that you respect the intellectual property rights of XP-Pen. You will not apply or allow any third party to apply for any trademark, domain name, wireless website, Internet search term, trade name, or service mark similar to the brand of XP-Pen or its affiliates for any marketing, advertising, promotion or other purposes by any means in any jurisdiction. In the event of the above circumstances, you shall transfer all relevant rights to XP-Pen at your expense. You warrant, represent, and undertake that you will not use the following names (including but not limited to "XP-Pen" and "UGEE"), and the affiliated logos and designs of the above brands (including but not limited to), as part of the name of the company, merchant, service or product, nor will use intellectual property rights of the XP-Pen trademark or similar trademark. The loss caused to XP-Pen arising from your violation of the provisions of this Article shall be borne by you.
VII Amendment
In consideration of the rapid development of Internet-related technologies, markets, business models, etc., you agree that XP-Pen has the right to regularly formulate and revise this Agreement and various rules in accordance with the changes of relevant laws and regulations, the development of the Internet, and the adjustment of the company's operating conditions and business strategies. If there is any amendment, XP-Pen will notify you of the changes by reasonable means. If you disagree with the above amendments, you shall immediately stop using the services under this Agreement. Your logging into or continuing to use the XP-Pen services means that you recognize and accept the revised agreements and rules.
VIII. Termination
•This Agreement shall become effective as of the date of your acceptance, and shall remain in force during your use of the XP-Pen services until terminated in accordance with this Agreement;
•Notwithstanding the foregoing, if you use the XP-Pen services before you accept this Agreement, you hereby know and agree that this Agreement will be effective for the first time you use the XP-Pen services unless terminated earlier in accordance with this Agreement.
•We may reserve the right to allow you to use the XP-Pen services or XP-Pen Account in accordance with the law; we will terminate this Agreement at any time for any reason with or without notice, including XP-Pen believe that you have violated our user policy or other provisions of this Agreement.
•Without being subject to the provisions of the preceding paragraph, if you infringe the copyright of a third party, and XP-Pen receives a notice from the copyright owner or its legal representative, XP-Pen reserves the right to terminate this Agreement.
IX. Miscellaneous
•Feedback
Your suggestion (or "feedback") to XP-Pen shall be deemed that you transfer all rights of "feedback" to XP-Pen, and agree that XP-Pen has the right to use this "feedback" and related information in any reasonable way. XP-Pen will treat such feedback information as non-confidential and non-proprietary;
You agree that you will not provide XP-Pen with any information that you consider to be confidential and proprietary.
•Privacy Policy
Please refer to our "Privacy Policy" which has the same effect as this Agreement and is an integral part of this Agreement.
•Notice
You shall provide a valid email address or telephone number. Notices of announcements issued by XP-Pen sent to you constitute valid notice.
•Applicable Law
The interpretation of the terms of this Agreement, effectiveness, and dispute resolution, are applicable to the laws of the USA. If any dispute or controversy aroused between you and XP-Pen, it should first be settled through friendly consultation. If consultation falls, you agree to submit the dispute to the jurisdiction court where XP-Pen is located.
•Independence
If any provision of this Agreement is invalid or unenforceable for any reason, then that provision shall be modified in order to be valid and enforceable in accordance with the law. However, the remaining provisions of this Agreement shall remain valid and binding.
X. Contact Us
Warehous address: C/O Warehouse 2, 54 Ferndell St, South Granville 2142 AU
Tel:+0061-2-8718 8718
E-mail: zwx@xp-pen.com