1. You: This term refers to any natural person, legal person or other organization that logs in to Pear Video to upload, release or provide any link of any media (including video, text, image, etc.) after submitting the valid registration application.
2. Pear Video: This term refers to a short-video platform produced by Shanghai Pear Video Internet Technology Co., Ltd. and Beijing Weiran Internet Technology Co., Ltd. You can upload the content, spread the information and interact with other users through Pear Video after obtaining a user account.
3.User: When you record a scene in your life by your mobile phone or other digital device and upload the image or video to Pear Video, you become a user of Pear Video.
2.1 As a user of Pear Video, please provide the authentic, accurate, legal, valid identification material and necessary information (including your name, e-mail, telephone number, address, etc.) in the registration, certification, use and administration of your account for Pear Video to contact with you when necessary, and please keep such information updated in time.
2.2 You shall agree to become a user of Pear Video in order to provide contents and materials, including but not limited to video, image and text to Pear Video, either actively or under consignment by Pear Video.
2.3 You shall understand and undertake that no content or material you provide to Pear Video or any content you upload, release or transmit to Pear Video (including your account name) contains any of the following types of information:
(1) Information that would violate any basic principle recognized by the Constitution of China;
(2) Information that would endanger the national unification, sovereignty or territory of China;
(3) The information releasing the national secret, endangering the national security or damaging the national honor or interests;
(4) Information intended to stir up the ethical hatred or ethical discrimination, damaging the ethical solidarity, or violating any ethical customs or practices;
(5) The information advocating any malicious cult or superstition;
(6) The information disturbing the social order or damaging the social stability;
(7) Information that would induce juveniles to commit crimes or otherwise encourage the spread of violence, pornography, gambling or terrorist activity;
(8) Information that insults or slanders any other, or infringes upon the privacy or other legal rights of others;
(9) Information that is damaging to the social ethics or that would diminish the excellence of the traditional culture;
(10) Information that is in any way prohibited by any relevant law, administrative rule or national regulation of China.
2.4 You shall confirm the authenticity and legality of any content or material you provide to Pear Video (including but not limited to video, image, text, etc.) and ensure that it conforms to the requirement of Pear Video on the release, contains no false or misleading content, does not infringe the interest of any third party or violate any law, rule or social order, otherwise you shall assume all liabilities and compensate Pear Video with all losses thereof.
2.5 You shall confirm that any content or material you provide to Pear Video contains no defect of right and has obtained necessary authorization for the spread of the video. Otherwise, you shall compensate Pear Video for any and all losses incurred.
2.6 You shall confirm that any material you provide to Pear Video has never been used or spread publicly at least by any third party within the territory of the People's Republic of China, and you shall agree that such material will not be transferred to any third party before Pear Video declares to abandon the material (or until 48 hours you have provided the material to Pear Video but it is not adopted). All the intellectual property right and relevant rights of the material (including but not limited to the copyright and right of the recorder) shall be assigned exclusively to Pear Video once the material is used by Pear Video. You shall provide all necessary information and take all necessary activities as required by Pear Video, including application, enrollment and registration to assist Pear Video in acquiring and exercising relevant intellectual property right. In the event of institutional user recognized by Pear Video, assignment of relevant intellectual property right shall be negotiated separately.
3.1 You shall be responsible for the authenticity, accuracy, legality and validity of the information and material you submit in the registration and use.
3.2 Please keep you account information properly and assume all legal liabilities for any activity occurring under the account. Please do not disclose the account or password to any third party, and notify Pear Video once your account or password has or might have been stolen in order to prevent any loss or damage to your interests.
3.3 Please ensure that any content you provide to Pear Video is lawfully submitted.
3.4 Please adhere to the provisions of this Agreement; use, operate and administer your account correctly and appropriately. Pear Video has the right to suspend or terminate the service to you at any time according to this Agreement if you breaches any provision of this Agreement.
3.5 Your statements and actions shall obey relevant laws and regulations, such as Computer Information Network and the Internet Security Protection and Management, Regulation on Internet Information Service, Management Provisions on Electronic Bulletin Services in Internet, Decision on Maintaining Internet Security and Provisions for the Administration of Internet News Information Services. Any content you produce, duplicate, upload, release or spread through Pear Video, including but not limited to the image and name of account, user description, registration information and other materials, or video, text, image that is sent or replied, or the comment and relevant link, as well as other content generated by using the account or platform service of Pear Video may not contain any following information forbidden by laws, rules and policies:
(1) Information that would violate any basic principle recognized by the Constitution;
(2) The information endangering the national security, releasing the national secret, subverting the political power or damaging the national unification;
(3) The information damaging the national honor or interests;
(4) Information intended to stir up the ethical hatred or ethical discrimination, or damaging the ethical solidarity;
(5) The information breaking the national policy of religion, advocating any malicious cult or superstition;
(6) Information intended to spread any rumor, disturbing the social order or damaging the social stability;
(7) Information intended to spread obscenity, pornography, gambling, violence, murder, terror or induce the crime;
(8) Information that insults or slanders any other, or infringes upon any legal rights of others;
(9) Information that is in any way prohibited by any relevant law, rule or policy.
3.6 To guarantee the normal operation of Pear Video and favorable user experience, please do not produce, duplicate, upload, release or spread any of the following types of information through means of the Pear Video platform:
(1) Any information containing sex or sexual implication depictions or messages, or any other vulgar information;
(2) Harassment or spam;
(3) Any information involving any privacy, personal data or material concerning any other individual;
(4) Any information that infringes upon the legal rights of any other, such as the right of reputation, portraiture right, intellectual property right and business secret;
(5) Any information that would disrupt the normal operation of Pear Video or infringe upon any legal rights of any other user or third party;
(6) Any content used for commercial promotion (excluding self-promotion), including but not limited to trailers, tidbits, marketing, advertisements or similar content.
3.7 To guarantee the interests of Pear Video and users, please do not commit any of the following acts through means of a Pear Video account or the platform, including but not limited to enrollment, registration, account operation, administration, promotion and others:
(1) Submitting and releasing any false information, or imitating and utilizing the name of any other to take any activity;
(2) Fabricating the fact and concealing the truth to mislead or cheat any other;
(3) Infringing any legal right of any other, such as right of reputation, portraiture right, intellectual property right and business secret;
(4) Using any plug-in, tag-on service or any third-party tool or service to access to the service or relevant system without written consent from Pear Video;
(5) Committing any crime through means of a Pear Video account or the platform;
(6) Producing and releasing any method or tool in relation to behaviors mentioned above, or operating or spreading such method or tool;
(7) Committing any other behavior that violates any law or rule, infringes any legal rights of any other user, disturbs the normal operation of product or is not expressly authorized by Pear Video.
3.8 You are entitled to the corresponding remuneration once the content or material you provide is adopted by Pear Video. You shall confirm that you have understood and agreed with the computation and payment mode of remuneration from Pear Video before providing any material to Pear Video.
3.9 Please do not use any trademark, service mark, trade name, domain name, website or any other significant brand feature of Pear Video without written consent from Pear Video, including but not limited to "Xinlishi," "Pear Video" and "pearvideo.com." You shall assume relevant legal liabilities for any loss of the platform or any other arising from your unauthorized use of the logo of the platform.
4.1 Pear Video regards the protection of its users' personal information as one of the fundamental principles and will not disclose your personal information to any other company, organization or individual without your consent unless otherwise regulated by any law or rule.
4.2 You shall acknowledge and agree that private information refers to the information concerning your identification or involving your personal communication, including your real name, ID number, mobile phone number, bank account and IP address; while non-private information refers to the basic record information that reflects your operating status and habits in regard to the use of the service, doing so clearly and objectively on the server client of the platform, other ordinary information that is not classified as private, and private information that is made public under your consent.
V. Legal Liabilities
5.1 If any registration information or material you provide is defective or invalid in the legality or authenticity to the extent that Pear Video or any third party suffers from any loss, you shall assume corresponding liabilities and compensate for such loss. Pear Video has the right to block or delete your account, or suspend or terminate the service to you at any time.
5.2 If you are not the copyright owner or operator of the uploaded content, do not possess the legal right to upload or release the content, or commits any other behavior through the platform of Pear Video resulting infringement of any other’s interests and giving rise to any request or compensation from any third party, you shall assume all legal liabilities. If Pear Video or any third party suffers from any loss thereof, you shall make the compensation to keep it away from the loss. Such loss includes but not limited to the lawsuit expense, attorney's fee, settlement expense, penalty, compensation specified in the valid legal instrument or any other director or indirect expenditure.
5.3 With respect to violation against any relevant law or rule, or any breach to this Agreement, Pear Video will, following laws, regulations and rules mentioned above, take appropriate legal actions to any person committing such a violation or breach, record the relevant information and make a report to the relevant authority.
5.4 Once found that you use the account of the platform inappropriately or you are reported or complained by any other, Pear Video has the right to delete the content at any time without notice and depending on the seriousness punish the violating account holder, including but not limited to warning the user, deleting some or all subscribers, restricting or prohibiting some or all functions, blocking or even cancelling the account, and announce the punishment result as the case may be.
5.5 If the normal operation of service is affected by any force majeure, such as a technical failure, the platform and its partners shall undertake to cooperate with relevant units in order to make the recovery in time. However, the platform and its partners are not responsible for any loss brought by any third party, such as the communication line failure of the telecommunication service provider, technical problem, network, computer fault, system instability or any other force majeure.
6.1 Using this service represents that you have read and agreed to be subject to this Agreement.
6.2 Pear Video may revise any part of this Agreement when necessary and will indicate the updating of this Agreement at a notable place on the website. Please check the updated agreement in time. You may continue to use the platform of Pear Video if you accept the revised agreement, or you may suspend using the service of Pear Video if you disagree with the revised agreement.
6.3 You shall confirm that you will commit recording and production in the name of Pear Video within the scope of consignment but will not take any other activity in the name of Pear Video either directly or indirectly.
6.4 The establishment, effectiveness, performance, interpretation and dispute solution of this Agreement shall be governed by laws of the People's Republic of China. For whatever reason any provision of this Agreement becomes invalid or unenforceable, the other provisions shall remain valid and binding upon both parties.
6.5 Both parties shall solve any dispute arising from the content or execution of this Agreement through amicable and good-faith negotiation. In the event of failure to resolve the dispute, either party may bring a lawsuit to the competent People's Court with jurisdiction over the district in which Pear Video is based.