User Agreement

Welcome to register and use XPPen Account

This Agreement is entered into by and between you and XPPEN TECHNOLOGY CO. with respect to the registration and use of the XPPen Account. XPPEN TECHNOLOGY CO. (hereinafter referred to as “XPPen”) 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). XPPen 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 XPPen 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 XPPen 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 a XPPen 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 responsibilities 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. XPPen will not take any responsibility for any loss or damage that results from this behavior or activity;

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 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, 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 XPPen Account

XPPen Account refers to the identification tool which is owned and managed by XPPen and which is used for verifying the identity of the user. As a registered user, you only have the right to use the XPPen Account initially registered in your own name.

You may enjoy the products and services of XPPen and its affiliates by registering for a XPPen Account.

All the products and services of XPPen 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 XPPen Account, you shall be a person with full capacity for civil conduct. Minors are permitted to use XPPen 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 XPPen 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.

XPPen 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 XPPen 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 XPPen examination, the registration will not be allowed by XPPen; meanwhile, after the registration, if XPPen 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, XPPen 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 a XPPen Account and become a XPPen 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 XPPen Account (including but not limited to posting information, purchasing goods and services, and disclosing information).

Your XPPen Account contains the details about your personal information and XPPen business information, therefore your XPPen Account is for your personal use only. Without the consent of XPPen, the behavior that you directly or indirectly authorize a third party to use your XPPen Account or obtain information related to your account is invalid. If XPPen, pursuant to the certification procedures and standards for breach as agreed in XPPen platform rules, determines that the use of your XPPen Account may endanger the security of your account and XPPen information safety, XPPen may refuse to provide services or terminate this Agreement.

Custody and Retrieval of Account

XPPen 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 XPPen Account information due to losing account issue caused by yourself, please provide the corresponding information in accordance with the process of XPPen 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 XPPen security verification, XPPen has the right to refuse to provide account retrieval service;

If your current XPPen Account is not initially registered by yourself or is obtained through other ways provided by XPPen, provided that you know the password of such XPPen Account, you shall not log in with such XPPen Account or take any action except notifying XPPen or the person initially registered this XPPen Account.

Assignment of Account

You may use the XPPen Account within the scope as agreed in this Agreement. You shall not maliciously register the XPPen Account, nor give, borrow, rent, assign or sell the XPPen Account with or without compensation, or otherwise permit the non-initial registrant to use the XPPen Account. XPPen has the right to independently determine and deal with the aforementioned behaviors.

XPPen has the right to take the following measures against you in accordance with laws and regulations:

If you violate laws and regulations, XPPen Independent Agreements or business rules, XPPen 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 the use of your XPPen Account, and to decide whether to resume the use of such account pursuant to actual conditions.

If XPPen finds that you are not the initial registrant for such account, XPPen has the right to terminate the use of your account.

Account Withdrawal

In order to make full use of the resources available through your XPPen Account, if you fail to login your XPPen Account for 24 consecutive months or login your account through other methods approved by XPPen, XPPen has the right to terminate the use of your XPPen Account and discontinue its provision of services to you. If there is any pending transaction and the like related to this account, XPPen may assist you in the reasonable manner. Please follow the instructions of XPPen.

Account Security

Your account is created and safeguarded by yourself. XPPen 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, changing your password regularly.

XPPen 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 XPPen Account if you decide to terminate the use of XPPen Account service. And the following conditions shall be fulfilled.

You may only apply for cancellation of your own account in accordance with XPPen process.

You shall still be responsible for your behaviors when you enjoy the XPPen services prior to cancellation of your XPPen Account.

You shall be aware that the termination of XPPen Account means user information will be removed from XPPen 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 XPPen Account. When you use XPPen services, you shall not use XPPen 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:

. Disseminating rumors, Spreading pornography, violence, encouraging murder or terrorism;
. Insulting or slandering others and infringing the legal rights of others;

Do not use the XPPen 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 XPPen, XPPen 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 XPPen, XPPen partner companies and affiliates from any damage. At the same time, XPPen 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 XPPen Account, terminating the services, restricting the use of the XPPen Account, and seeking liability. Meanwhile, XPPen will assist the investigation at the requirements of the judicial departments.

You shall not replicate, copy, sell, resell or use for any other commercial purposes concerning any part of XPPen services or the use or acquisition of the XPPen services.

You shall be legally responsible for your behaviors in the use of XPPen 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 XPPen after XPPen first assumes the responsibility for administrative punishment or tort damage arising from your behaviors.

V. Disclaimer

XPPen 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 interaction between users and other users through this website or XPPen products, programs and services, results in or may result in any psychological, physical damage and economic loss due to misleading or deceptive;
. XPPen services expressly declares that the timeliness, safety and accuracy of XPPen and its partner companies’ services are not guaranteed by express, implied or in any form.
. No content posted by you using the XPPen Account shall be represent and reflect any opinions or policies of XPPen, and XPPen shall not be responsible for it.
. Under no circumstances shall XPPen be liable for any indirect, consequential, punitive, incidental, special or penal damages, including loss of profits arising from your use of the XPPen 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 XPPen for the use of the XPPen Service during the registration period.

The warranties, guarantees or liabilities as provided by the local laws applying to you shall not be exclude 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 XPPen 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 XPPen, 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 XPPen Service through XPPen 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 XPPen to use, copy, and exercise other rights of all intellectual property rights relating to such contents, and you agree that XPPen may sublicense above-mentioned rights.

You shall not use any intellectual property rights of XPPen without prior written consent of XPPen. You warrant, represent and undertake that you respect the intellectual property rights of XPPen. You will not apply or allow any third party to apply for any trademark, domain name, wireless website, Internet search term or any trade name, service mark similar to the brand of XPPen 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 XPPen at your expense. You warrant, represent and undertake that you will not use the following names (including but not limited to “XPPen” and “HANVON 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 XPPen trademark or similar trademark. The loss caused to XPPen 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 XPPen 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, XPPen 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 XPPen 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 XPPen services until terminated in accordance with this Agreement;

Notwithstanding the foregoing, if you use the XPPen services before you accept this Agreement, you hereby know and agree that this Agreement will be effective for the first time you use the XPPen services, unless terminated earlier in accordance with this Agreement.

We may reserve right to allow you to use the XPPen services or XPPen Account in accordance with the law; we will terminate this Agreement at any time for any reason with or without notice, including XPPen 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 XPPen receives a notice from the copyright owner or its legal representative, XPPen reserves the right to terminate this Agreement.

IX. Miscellaneous

Feedback

Your suggestion (or “feedback”) to XPPen shall be deemed that you transfer all rights of “feedback” to XPPen, and agree that XPPen has the right to use this “feedback” and related information in any reasonable way. XPPen will treat such feedback information as non-confidential and non-proprietary;

You agree that you will not provide XPPen with any information that you consider to be confidential and proprietary.

Privacy Policy

Please refer to our “Privacy Policy” that has the same effect with 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 XPPen sent to you constitute a valid notice.

Applicable Laws

These Terms and Conditions are governed in accordance with the laws of China,without regard to its conflict of law provisions. You and XPPen hereby expressly consent and submit to the exclusive jurisdiction of the jurisdiction court where XPPen is located for the adjudication or disposition of any claim, action or dispute arising out of these Terms and Conditions.Notwithstanding the forgoing If you are a consumer in the European Union or any of the country and we direct this Site at your territory, nothing in these Terms and Conditions shall preclude consumers from exercising their rights to rely on mandatory provisions of local laws or (where required by local law) to benefit from the jurisdiction of your national courts. If any provision or these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

All claims pursuant to these Terms of Use must be filed within one (1) year after the cause of action has occurred, otherwise the claim or cause of action will be excluded. Claims made under separate terms and conditions of purchase of goods and services are not subject to this limitation. Except for the prevailing party's right to pay expenses and attorneys' fees, no claim or claim for damages other than actual expenses.

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

XPPEN TECHNOLOGY CO.

ADD: 15350 Fairfield Ranch Road. Unit G1. Chino Hills, CA 91709, US

E-mail: service@xp-pen.com