Welcome to Zhishou operated by ZQ Labs Inc. , the service is for single adults to connect and meet each other online. These Terms of Service (this “Agreement”) is between you and Zhishou (operated by ZQ Labs, Inc. ). By using our website, located at http://www.zhishouapp.com, our mobile applications on phones, and/or other services we provide, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use the Services. Your use of, or participation in, certain Services may be subject to additional terms which will be presented to you when you access those Services.
1. Some Important things we want to make clear
While all of these will be discussed in more detail below, we want to make a few important things clear up front:
- You must be at least 18 to use the Services.
- You may only create an Account for your actual self and must be truthful in what you put in it.
- We do not routinely conduct background checks or verify the identity of our Users. But we may do so as part of our fraud detection and prevention process.
- We do not guarantee anything about the Services, including the actions of our Users. We do not guarantee matches, the frequency of your matches, that you will be compatible with those you match with, or that the people you match with are safe people to meet. You must exercise your own diligence and caution in using the Services and communicating with its Users.
- You might have a right in some states to cancel this Agreement within 3 business days of registering for a premium account and receive a portion of refund of any payments to us if you do so. Please see below for more details.
- Lastly, by using the Services, you are agreeing (with limited exception) to resolve any dispute between you and us through binding, individual arbitration, rather than in court. Please review Section 19 below for details, including the procedure for opting out of arbitration.
2. Eligibility
By using Zhishou, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- You must be at least 18, or older if your jurisdiction requires. You must be at least 18 years old (or, if the age of majority is higher than 18 in your jurisdiction, then the age of majority in your jurisdiction) create an Account and use the Services. By creating an Account and/or using the Services, you represent and warrant that you are at least 18 years old (or the minimum age of majority in your jurisdiction, whichever is greater).
- You must be unattached and available. You may only use the Services if you are willing and capable of entering into a new romantic relationship and do not have an established monogamous romantic partner (“Unattached”).
- You may not have a criminal record. You may not use the Services if you have been convicted of a felony, are required to register as a sex offender with any government entity, and/or are identified as a “Specially Designated National” (as such list may be updated from time to time, available at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). If any of the foregoing become applicable to you after you have created an Account, you must delete your Account immediately and you may no longer use the Services. We do not conduct criminal background screenings on Users. However, we reserve the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
3. Use of the Service
- Creating an Account on Zhishou. In order to use Zhishou, you must create an account with us (an “Account”) by first logging in with your email account and by providing your phone number. If you choose to create an Account by logging in with Wechat, you authorize us to access and use certain Wechat account information, including but not limited to your public Wechat profile photographs, and some personal information available. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
- Your Account is only for you. You may only access and use your Account in accordance with this Agreement and for your personal use to find and communicate with potential dating partners. You may not authorize others to access or use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible from any third party access to your Account, particularly any such access that results from theft or misappropriation of your Account or Wechat account’s login credentials. You agree to immediately notify Zhishou App of any disclosure or unauthorized use of your login credentials at contact@zhishouapp.com.
- Accessing the Services from outside the United States. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services.
- You are responsible for any content you submit. You are solely responsible for, and assume all liability regarding, any information and content you provide or otherwise make available on the Services, including without limitation text, images and video in your profile and in your communications with other Users (“User Content”).
- No contact information in your profile. You agree not to post any contact information such as your phone number, email address, street addresses, weChat id or any other contact information in the body of your profile. You may not include any information in your Member profile that allows other people to identify or contact you without using the Service.
- U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Your advertising activity. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Zhishou cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
- You use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- Service fees. In the rare case where we do offer to issue a refund to a customer, a service fee of $15 will be charged.
4. Changes to Agreement or Services
We may update this Agreement at any time. If we do so, we’ll let you know either by posting the updated Agreement on the Site and App or through other communications. It’s important that you review the Agreement whenever we update them or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you don’t agree to be bound by the updated Agreement, then you should not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, and and your use of the Service after such posting will constitute acceptance by you of such changes.
5. General Prohibitions
You agree not to do any of the following:
- Post, upload, or transmit any User Content that (i) is threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, false, misleading, deceptive, invasive, racist, or contains any type of offensively suggestive, inappropriate, or explicit language or confidential, non-public information about any third party; (ii) is threatening, vulgar, offensive, or pornographic; promotes or threatens violence or actions that are threatening to any person or entity; or contains nudity or graphic or gratuitous violence; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (v) infringes, misappropriates, or violates a third party’s trademark, patent, trade secret, copyright, moral rights or other proprietary rights, or rights of publicity or privacy; (vi) contains any type of unauthorized or unsolicited advertising or commercial communications (such as spam or multi-level marketing); (vii) impersonates any person or entity, including any Coffee Meets Bagel employees or representatives; or (vii) promotes illegal or harmful activities or substances;
- Collect or retrieve User Content, personally-identifiable information or any other information, in any way reproduce or circumvent the navigational structure or presentation of the Service, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, scrapers, or other means);
- Advertise any product or service, including any engagement in multi-level marketing or “pyramid schemes” on the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
- Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Attempt in any way to obtain the login information of or otherwise access an Account belonging to someone else;
- Bully, intimidate, or harass any User. Impersonate any person or entity.
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. Remove any copyright, trademark or other proprietary rights notices contained in the Service
- Impersonate or misrepresent your affiliation with any person or entity;
- Engage in any activity or use any program that could disable, overburden, or impair the proper working or our set appearance of the Services, such as a denial of service attack, interference with page rendering, or using a program that interferes with other Services functionality; and
- Encourage or enable any other individual to do any of the foregoing.
- Express or imply that any statements you make are endorsed by Zhishou without our specific prior written consent.
- Ask other members for money in any way, shape or form.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
Although we’re not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any part of the Services, including any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of the foregoing to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement and other authorities, including by sharing any User Content, as requested by law enforcement or as we, in our sole discretion, deem necessary to protect the safety or wellbeing of our Users or any other person.
6. Content Ownership
- Publishing your User content. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Zhishou, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Zhishou of such change.
- Your license to us of User Content. By submitting any User Content, you (a) represent and warrant that you have all the appropriate rights and permission (including getting permission from others in photos you provide) to provide such User Content to us, and (b) grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such User Content in connection with operating and providing the Services to you and other Users, or to copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing (like research purpose). You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Deleting your User Content. You may delete your User Content via the functionality of the Services. However, you understand that removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others).
- Our ownership. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, We and our licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. In addition, you understand and agree that Zhishou may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Zhishou violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- Our license to you. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, and, display the content made available on the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
7. Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at contact@zhishouapp.com or via the functionality of the Services. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
8. One-Time Payments and Subscriptions
Zhishou may offer from time to time certain premium services for a fee. You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such premium services. By way of example, some of these premium services may include message read receipts, additional matches in a day, advanced filters, and additional discounts.
- General. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor, which may be the applicable App Store (defined below)) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
- Subscriptions. If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period thereafter (the period of which is communicated to you at the time of your Subscription), at the then-current Subscription Fee. If you purchase a Subscription, unless you cancel your subscription before the end of your current Subscription period, your subscription will automatically renew, and we (or our third-party payment processor) will automatically charge you each year on the commencement of each renewed Subscription period, using the Payment Information you have provided. Your subscription will continue to automatically renew until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Zhishou. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement. If you cancel, you may use your subscription until the end of your then-current subscription term.
- Cancelling One-Time Payment or Subscription. Except as explicitly set forth in Section 20below, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF ANY ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF ANY SUBSCRIPTION FEE PAID FOR ANY SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. You may cancel your subscription via the functionality of the App Store or the App. If you cancel, your right to use the Subscription features of the Services will continue until the end of your then current subscription period and will then terminate without further charges.
- Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
9. Rights and Terms for Apps
- Rights in App Granted by Zhishou. Subject to your compliance with this Agreement, Zhishou grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Zhishou reserves all rights in and to the App not expressly granted to you under this Agreement.
- Accessing the App from App Store. Certain App Providers require us to pass one certain terms to you. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- This Agreement is concluded between you and Zhishou (operated by ZQ Labs Inc. ), and not with the App Provider, and Zhishou (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Zhishou.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Zhishou will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third party terms of service when using the App.
10. Risk Assumption and Precautions
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. We are not responsible for the conduct of our Users or their compatibility in any capacity with you or other Users. You agree to take all necessary and appropriate precautions when sharing your personal information, communicating with other Users, and meeting other Users in person. You understand that we do not (except as described in this Agreement) conduct background checks, or verify the identity, profile pictures, or any other User Content. You are under no obligation to use the Services, continue to communicate with any User, or to match with or meet anyone from the Services.
11. No Guarantees
You understand that Zhishou does not guarantee you any matches, does not guarantee any number or frequency of matches, or the accuracy, availability, or other attributes of any User. You understand that Zhishou makes no guarantees about the Services, either explicit or implied, including your compatibility with any other User.
12. Reporting of Violations; General Contact Info
If you discover any violation of the Agreement by others, please report it to us at contact@zhishouapp.com. You may also use this address to contact us with any questions you may have about the Services.
13. Third Party Links
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. You acknowledge and agree that Zhishou is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Zhishou shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
14. Disclaimer of Warranty
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Under no circumstances will Zhishou or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Zhishou expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Zhishou cannot guarantee and does not promise any specific results from use of the Website and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Zhishou makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist. Zhishou is not an International Marriage Broker and will not provide services as such.
In addition, Zhishou is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Zhishou is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Zhishou assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Zhishou is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
15. Limitation of Liability
- NEITHER ZHISHOU NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZHISHOU OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- IN NO EVENT WILL ZHISHOU’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO ZHISHOU FOR USE OF THE SERVICES OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ZHISHOU, AS APPLICABLE.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZHISHOU AND YOU.
16. Indemnification
You will indemnify and hold harmless Zhishou and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of this Agreement.
17. Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may delete your Account, deactivate your membership, or put your Account on hold at any time by sending an email to us at contact@zhishouapp.com or via the functionality of the App; Deleting your Account is your sole method of terminating this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on the Resign pages in Account Settings, or you may Contact Us online. If you resign or cancel your membership and/or subscription via the zhishouapp.com site, to help zhishouapp.com analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. You may bypass this brief resignation survey page and continue the resignation/cancellation process by clicking the “Continue Cancellation” or other similar button on the page. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination).
We may also terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Zhishou. If Zhishou terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Zhishou. Zhishou is not required to provide you notice prior to terminating your membership and/or subscription. Zhishou is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
18. Governing Law and Forum Choice
This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Zhishou are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Zhishou each waive any objection to jurisdiction and venue in such courts.
19. Dispute Resolution
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Zhishou agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Zhishou are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
- Exceptions and Opt-out. As limited exceptions to Section 19(a)above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at contact@zhishouapp.com within thirty (30) days following the date you first agree to this Agreement.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
- If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Class Action Waiver. YOU AND ZHISHOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Effect of Changes on Arbitration. Not withstanding the provisions of Section 4“Changes to Agreement or Services” above, if Zhishou changes any of the terms of this Section 19 “Dispute Resolution” after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to contact@zhishouapp.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Zhishou’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Zhishou in accordance with the terms of this Section 19 “Dispute Resolution” as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
- Severability. With the exception of any of the provisions in Section 19(e) of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.
20. Non-commercial Use by Members
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Zhishou, which may be revoked at any time, for any reason, in Zhishou sole discretion.
21. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Zhishou of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Zhishou will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your other account to Zhishou account.
22. Your Interactions with Other Members
You are solely responsible for your interactions with other Members. You understand that Zhishou does not in any way screen its Members, nor does Zhishou inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Zhishou makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall Zhishou be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. In addition, you agree to review Zhishou's Dating Safety Tips prior to using the Service. You understand that Zhishou makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
23. Customer Service
Zhishou provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
24. Modifications to Service
Zhishou reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Zhishou shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.