Version: January 2019
Preface
Welcome to download HappyCast and use the products and services provided.
Shenzhen Lebo Technology Co., Ltd. (hereinafter referred to as "the Company" or "we") is an Internet company established and continuously operated in accordance with the law. HappyCast is the screen casting software developed and operated by the Company, which can be installed on intelligent TVs, TV boxes, PCs, tablet computers, mobile phones and other hardware devices. We have developed different software versions for different terminal devices. You should download the appropriate version for installation based on the actual situation.
Please make sure to carefully read and thoroughly understand the HappyCast Service and User Licenses Agreement (hereinafter referred to as "the Agreement") and choose to accept or reject the terms upon confirmation of your full understanding; if you do not agree to the Agreement or any terms thereof, you will not have the right to proceed to the next step or stop installing or using HappyCast software; you shall be deemed to have read and agreed to be bound by the Agreement if you download, install, use or otherwise start using the HappyCast services.
We again remind you to carefully read and fully understand the contents of the terms, especially the corresponding terms of limitation on or exemption from liabilities, which will be highlighted in bold or other eye-catching forms.
If you are under 18 years of age, please read the Agreement in the company of your legal guardian.
Chapter I Subject and Qualification
1. Contract Subject and Scope of Agreement
The Agreement is a valid user license agreement that concluded and entered into by you and the Company for downloading, installing, using and copying the HappyCast software or any updates thereof.
2.Qualifications for Downloading, Installing and Using the Software
2.1 You confirm that you are a natural person, legal person or other organization with capacity for civil rights and complete capacity for civil conduct (hereinafter referred to as "you") when you download, install and use HappyCast software.
2.2If you are a person with incomplete civil capacity, you are not qualified as the subject mentioned above, and you and your guardian shall bear all consequences caused by your improper registration, downloading and use.
2.3You are also required to ensure that you are not the target of trade restrictions, sanctions or other laws and regulations imposed by any country, international organization or territory, otherwise you may not be able to download, install or use HappyCast normally.
Chapter II Service Terms of HappyCast
This chapter contains the terms that you shall be aware of or abide by in the process of downloading, installing or using HappyCast, hereinafter referred to as "the Service Terms".
3. Software Registration
3.1. Currently, you are not required to actively fill in and provide user registration account containing personal information, but in the future, HappyCast may require you to provide more identity data and information upon launch or provision of certain products or services for further authentication or qualification. Only through the authentication or qualification as well as the agreement to the relevant service agreement can you be qualified to use the relevant products or services.
3.2. HappyCast may inform you of service progress and prompt you to proceed with the next operation by means of website announcement, pop-up message in the software, emails, SMS or phone calls.
4 Services and Specifications of HappyCast
4.1．You are entitled to enjoy the Internet technical services and information services provided by lebo projection screen; by agreeing to the Agreement, you agree that the Company displays relevant advertisements in the software when you use HappyCast.
4.2. If you use the services of HappyCast, you shall guarantee that:
4.2.1. You will comply with national and local laws and regulations, industry practices and social public ethics when using the services of HappyCast, and will not use the services provided by HappyCast to launch and spread the following information and content:
（ⅰ）Any content (information) that violates state laws, regulations and policies;
（ⅱ）Political propaganda and/or news information in violation of state regulations;
（ⅲ）Information concerning state secrets and/or security;
（ⅳ）Feudal superstition and/or obscene, pornographic and obscene information or information abetting crime;
（ⅴ）Lottery-betting or gambling games; information that violates national and religious policies;
（ⅵ）Information that hinders the security of Internet operation;
（ⅶ）Information or content that infringes upon the legitimate rights and interests of others and/or other information or content detrimental to social order, public security and public morality;
（ⅷ）Meanwhile, you shall promise not to provide any convenience for others to publish the aforesaid information contents which are not in line with national provisions and/or these service terms, including but not limited to setting URL, BANNER links, etc.;
4.2.2. There shall be no acts of sabotaging or attempting to sabotage the network security, including sabotaging or disrupting the Website and the websites of other clients of HappyCast by technical or other means.
4.2.3. You shall use the services of HappyCast in line with the Service Terms;
If you violate the above guarantees, HappyCast reserves the right to delete information, suspend services and terminate services in accordance with relevant service terms, and to freeze or cancel part or all of the functions of the client installed by you.
5. Protection of Privacy and Personal Information
5.1. You understand and agree that, as required by the provision of services, the Company may acquire some of your information through automatic collection technology, including, but not limited to, the serial number of the HappyCast hardware installed and used by you, the record of screen casting, and Internet access history, etc. Your trust is very important to HappyCast. We are well aware of the importance of user information security, and will take security protection measures in accordance with the requirements of laws and regulations to protect your user information securely and keep them under control.
5.2. In order to meet the needs of the operation of HappyCast, the Company may infer your gender, age and other characteristics information, collect the types of videos that you cast and watch and the corresponding watch time, and provide these information to a third party. We will strive to ensure that such third party take appropriate confidentiality and security measures to protect your personal information.
6. Intellectual Property
6.1. We respect the intellectual property. Without your consent, we will not use, modify, copy, publicly disseminate, change, spread, distribute or publicly publish the results of your intellectual property rights.
6.2. Any organizations or individuals who consider that the content of HappyCast may infringe upon their legitimate rights and interests may give written notices on the rights to us (lebokeji@hpplay.cn), and we will deal with them as soon as possible in accordance with the law after receiving the qualified notices from the holders of intellectual property.
6.3. Unless otherwise specified, we own the intellectual property rights of the characters, graphics and their combinations of HappyCast, HappyRecord, LeBench, LeCast, HappyBench as well as other marks and emblems of HappyCast, and names, technical documents, etc. of HappyCast services.
6.4. You shall respect the intellectual property and other legitimate rights/interests of us and third parties, and ensure that we and our employees, shareholders and partners are protected from being affected or damaged by such incidents in the event of violations of the aforementioned rights and interests. We reserve right to terminate the provision of services to you in case that you infringe upon the legitimate rights/interests of us/or other third parties.
7. Confidentiality
We promise to take confidentiality measures against information submitted or known to us when you download, install or use HappyCast services, and not to disclose your information to third parties, unless:
7.1. It can be provided in accordance with the Service Terms or other service agreements, contracts, on-line terms and other provisions between you and us;
7.2. It shall be provided in accordance with the provisions of laws and regulations or the requirements of administrative, judicial and other authorities;
7.3. Such confidential information has been made public or can be obtained from the public domain, provided that it does not violate the contractual obligations in the Service Terms.
8. Scope and Limitation of Liabilities
8.1. You understand and agree that you shall be liable for any claims lodged by third-party against your use of the services, breach of the Service Terms or any actions taken in your use of HappyCast. If any third party claims are lodged against us and our affiliates, employees, customers and partners as a result of above-mentioned claims, you shall be responsible for handling such claims and compensate us and our affiliates for all losses and liabilities incurred thereby.
8.2. To the extent permitted by applicable laws, we shall not be liable for any indirect, punitive, special or derivative losses arising from or relating to the Service Terms.
8.3. We hereby remind you that you shall abide by the laws of the People's Republic of China during the use of HappyCast services, and shall not endanger network security, and not engage in activities that infringe upon the reputation, privacy, intellectual property and other legitimate rights and interests of others by utilizing HappyCast services. HappyCast will not be liable for any of your violation or breach of contract during use of HappyCast services.
8.4. The information relevant to the mobile client you cast to the large screen terminal via HappyCast, including, but not limited to, continuous or discontinuous pictures, audios, etc. are provided by yourself, and you shall assume full responsibility for the aforementioned information in accordance with the law.
8.5. You shall understand and acknowledge that all intellectual property related to HappyCast are owned by the Company, and you guarantee that you will neither reverse engineer, decomcompile or disassemble HappyCast, nor counterfeit or copy some or all of the same or similar software design procedures. Otherwise, the Company has the right to claim you to compensate for the actual losses; furthermore, without the written permission of the Company, you may neither engage in any profit-making activities by virtue of HappyCast, nor implement, utilize or transfer the intellectual property of HappyCast by yourself or allow any third party to do so for any commercial or non-commercial purposes. The Company reserves the right to pursue legal liabilities for the above-mentioned acts.
9. Renewal and Termination of Terms
9.1. The Company has the right to change the contents of the Service Terms and the corresponding service rules, and to announce or notify by means of web announcements, e-mails, private messages, short messages, etc. If you continue using the services after the contents of the Service Terms are changed, it means that you have fully read, understood and accepted the modified contents and will follow the modified contents of the Service Terms.
9.2. The Service Terms will terminate after you uninstall HappyCast from your hardware device.
10. Miscellaneous
10.1. The Service Terms include the contents of the Service Terms, the rules and specifications displayed on the pages relevant to software downloading, the service description (including operation documents) and other terms/conditions confirmed by your clicking. The Company and you are bound by them, and the relevant terms can be quoted and interpreted mutually.
10.2. The section headings of the Service Terms are for convenience only and have no legal or contractual effect.
10.3. If any terms of the Service Terms are deemed invalidated, invalid or unenforceable, such terms shall be deemed severable, without effect to the validity and enforceability of the Service Terms and other terms.
10.4. The Company has the right to transfer all or part of the rights and obligations of the services to its affiliates by means of announcement, notification or email notification on the official website of HappyCast (http://www.hpplay.com.cn).
10.5. Unless otherwise agreed, for the sake of service professionalism, the Company may also entrust affiliates or other legal entities to provide you with one or more specific services on HappyCast. Meanwhile, you may enter into relevant terms or conditions with such companies. Please carefully read and fully understand the terms and conditions, and choose to accept or not to accept such terms and conditions.
10.6. The confidentiality term, intellectual property term and other terms that are supposed to survive in nature (for example, the guarantee for the authenticity of registered information) under the Service Terms shall not be invalidated by the termination of the Terms.
10.7. In order to improve user experience and service content, the Company will constantly strive to develop new services and provide you with software updates from time to time (these updates may take the forms of software replacement, modification, enhancement, version upgrade, etc.).
10.8. In order to ensure the security and functional consistency of HappyCast, the Company has the right to update the software without sending special notice to you, or to change or restrict some of the functional effects of the software.
10.9. After a new version of the software is released, old versions of the software may not work. The company does not guarantee that old versions of the software will continue working. Please check and download the latest version at any time.
10.10. If the Company finds or receives reports or complaints from others about your violation of the Agreement, we have the right to prohibit you from using HappyCast on the relevant hardware at any time without notice. You understand and agree that the Company has the right to punish violations of relevant laws and regulations or provisions of the Agreement based on reasonable judgment, and to keep relevant information to the relevant departments in accordance with laws and regulations, etc. You shall be solely liable for all legal liabilities arising therefrom.
10.11. You understand and agree that you shall be solely liable for any claim, demand or loss of any third party caused by or arising from your breach of the Agreement or the relevant service terms, and you shall also indemnify the Company for any loss incurred thereof.
Chapter III Force Majeures and Accidents
11.Force Majeures
11.1 Force Majeures refer to the events beyond reasonable control of you or the Company, unforeseeable or unavoidable even if they were foreseen, which hinder, affect or delay the performance of all or part of obligations of any party under the Agreement, including: (1) natural disasters such as floods, hails, tsunamis, typhoons, droughts and fires; (2) government or party actions such as policies, laws, regulations and new behavioral measures promulgated by government authorities or ruling parties which lead to the non-implementation of the Agreement; (3) social anomalies such as riots, wars and strikes, but excluding labor disputes within both parties which result in non-performance or delayed performance. In view of the special nature of the Internet, force majeures also include hacker attacks, virus attacks and other circumstances affecting the normal operation of the Internet.
11.2 When you or the Company encounters force majeure in the course of fulfilling the User License Agreement, neither party shall be liable for any loss or damage caused by non-performance or delayed performance due to above circumstances, provided that either party shall not be exempted from its liability for force majeure after its delay in performance. The affected party shall, upon occurrence of a force majeure event, immediately notify the other party in writing and provide relevant supporting documents within a reasonable period of time. If the force majeure lasts for more than 15 days, either party may request to terminate the Agreement.
12. Accidents
12.1 Taking into account the particularity of network services, the accidents referred to in the Agreement specifically mean the following:
12.1.1 Cases due to power supply failure, communication network failure and other public service factors;
12.1.2 System maintenance of HappyCast in a short period of time after announcement or notification in advance.
12.1.3 Hacker attacks, and computer virus intrusion or attacks;
12.1.4 The computer system has been damaged, paralyzed or can not be used normally.
12.1.5 Technical adjustment by the telecommunications sector;
12.1.6 Temporary closure due to government control;
12.1.7 Other accidents not caused by the Company's faults.
12.2 The Company shall not be liable for any damages to you if HappyCast may not work properly due to accidents.
Chapter IV Notification and Delivery
13. You understand and agree that the Company can send you notifications and related information through one or several of web announcements, e-mails, private messages, short messages, telephone calls, system messages and instant messaging, and that the Company and HappyCast can trust that the contact information provided by you is complete, accurate and currently effective; the above notification shall be deemed to have been served upon successful delivery.
Chapter V Application and Jurisdiction of Law
14.Application of Law
The signing, validity, interpretation, execution and settlement of dispute hereunder shall be governed by the laws and regulations of the People's Republic of China.
15. All disputes arising from the implementation of the Agreement or in connection with the Agreement shall be settled through friendly consultation between you and the Company. If no agreement can be reached through consultation, you shall file a lawsuit to the People's Court of Nanshan District, Shenzhen.
Chapter VI Miscellaneous
16. For matters not covered in the User License Agreement, a supplementary agreement may be concluded and entered into by you and the Company upon mutual agreement to amend, supplement or adjust the Agreement. The Supplementary Agreement constitutes an integral part of the Agreement. Where there is conflict between the Supplementary Agreement and the Agreement, the Supplementary Agreement shall prevail.
17. The Agreement shall come into force as of the date when you install HappyCast in your hardware device.
Shenzhen Lebo Technology Co., Ltd.