JOVE BIRD User
Last updated on: 19th
JOVE BIRD platform hereby specially reminds you (or “user”): Please carefully
read the User Agreement (hereinafter referred to as “the Agreement”) and
make sure that you fully understand the terms and conditions hereof before
registration. Please review and choose to accept or not to accept the
Agreement. You have no right to register, log in or use the Services under the
Agreement unless you have read and accepted all the terms and conditions
hereof. Your registration, login and use of the Services will be deemed as your acceptance and agreeing to be bound by the terms and
conditions of the Agreement.
Agreement defines the rights and obligations between the operator of the JOVE
BIRD platform (i.e. Global Tone Communication Technology Co., Ltd., or GTCOM)
and the users regarding the Services provided by the JOVE BIRD platform
(hereinafter referred to as the “Services”). “User” herein refers to any
natural person, legal person, or other organization that registers, logs in, or
uses the Services. By concluding and entering into the Agreement in the
capacity of a duly authorized representative of a company or other legal
entity, you acknowledge that you have the right to bind the entity to comply
with the terms and conditions of the Agreement. The Agreement may be updated at any time by the JOVE BIRD platform. The
updated terms will replace the original ones once announced and will be
promptly released on the webpage of the platform. Users shall immediately stop
using the Services provided by the JOVE BIRD platform unless accepting the
revised terms. Continuous use of the Services provided by the JOVE BIRD platform
will be deemed as acceptance of the revised Agreement.
1-1. Before using the Services, users need to register for a JOVE
BIRD account, which shall be bounded with an e-mail or mobile number that has
not been bound to the JOVE BIRD account before.
The JOVE BIRD platform needs to collect personal information that can identify
users during their registration and use of the Services so as to contact the
users when necessary or provide them with better experience.
Users shall have the appropriate civil capacity corresponding to the users’ behaviors as
prescribed by the laws and regulations of the People’s Republic of China. For
users without the aforementioned civil capacity, you and your guardian shall
bear all consequences arising therefrom in accordance with the law.
The Services provided by the JOVE BIRD platform are subject to change at any
time according to the actual situation. Users will receive announcement or
notice of such change released on the platform.
Users understand that the JOVE BIRD platform only provides Services under this Agreement.
Apart from the network services, the related device (such as personal
computers, mobile phones, and other devices related to their access to the
Internet or mobile network) and the costs required (such as the access charges
for the Internet and the mobile phone fees for the mobile) shall be borne by
Protection of Users’ Privacy
We make all endeavors
to understand how we collect, store, use, share and
protect users’ personal information, your right to personal information, as
well as the security precautions we take to protect the information security.
4-1. Contents set forth in this Article
refer to any contents produced, uploaded, copied, released, or spread by users
when using the Services, including but not limited to registration information
such as profile photos, names, user information, certificated information or
words, and other contents generated when using the account or services.
4-2. Users shall not use their JOVE BIRD
account or the Services to produce, upload, copy, release, or spread the
following contents prohibited by laws, regulations, and policies:
(1) Contents that oppose the fundamental
principle set forth in the Constitution;
(2) Contents that endanger national
security, divulge State secrets, subvert State power, or undermine State unity;
(3) Contents that damage the State
reputation or interests;
(4) Contents that distort, defame,
desecrate, or deny the deeds and spirit of heroes and martyrs, and insults,
defames, or otherwise infringe upon the name, portrait, reputation, or honor of
a hero or a martyr;
(5) Contents that advocate terrorism or
extremism, or instigate any terrorist or extremist activity;
(6) Contents that incite ethnic hatred
or discrimination or undermine ethnic unity;
(7) Contents that break the State
religious policies or promote cults or feudal superstitions;
(8) Contents that spread rumors in order
to disturb the social order and undermine social stability;
(9) Contents that spread obscenity,
eroticism, gambling, violence, murder, terror or subordination;
(10) Contents that insult or slander
others, or infringe upon others’ lawful rights and interests; or
4-3. Users also shall not
produce, copy, issue and disseminate any adverse information with the following
contents by using the Services:
(1) Contents that use
exaggerated titles that are seriously inconsistent with the contents;
(2) Contents that hype
gossips, scandals, bad deeds, and so forth;
(3) Contents that make
improper comments on natural disasters, major accidents or other disasters;
(4) Contents that contain
sexual innuendo, sexual provocations, and other information that easily leads
to sexual fantasy;
(5) Contents that show
bloodiness, horror, cruelty, and other scenes that causes
physical and mental discomfort;
(6) Contents that incite
discrimination among communities or regions;
(7) Contents that promote
indecency, vulgarity, and kitsch;
(8) Contents that may
induce minors to imitate unsafe behaviors, violate social morality, or induce
minors to indulge in unhealthy habits; and
(9) Other contents that
adversely affect network ecology.
content produced by users when using the Services or through the Services does
not reflect, represent, or be deemed as the opinion, stance, or policy of the
JOVE BIRD platform. The JOVE BIRD platform is not liable for such content.
5-2. Users shall not use the JOVE BIRD
platform account or the Services to:
(1) Create a number of fake accounts
through technological means;
(2) Engage in
any illegal or criminal activities;
(3) Produce or release methods or tools
related to the aforementioned behaviors, or operate or spread such methods or
tools, regardless of whether it is for commercial purposes; or
(4) Engage in other behaviors that break
the law, infringe upon other users’ lawful rights and interests, or interfere
with the normal operations of the JOVE BIRD, or behavior that has not been
expressly authorized by the JOVE BIRD platform.
5-3. Users shall be fully responsible
for the authenticity, legitimacy, innocuousness, accuracy and validity of
messages conveyed through their JOVE BIRD platform account or the Services.
Users shall solely bear the legal liabilities related to the messages they
disseminate, and the JOVE BIRD platform will not be liable in this regard.
Should there be any damage caused to the JOVE BIRD platform or a third party due
to these messages, users shall be liable for compensation according to the law.
5-4. The Services provided by the JOVE
BIRD platform may contain advertisements. Users agree to display the
advertisements provided by the JOVE BIRD platform, third-party suppliers, and
partners during use. Except as explicitly stipulated by laws and regulations,
users shall be solely responsible for transactions related to these
advertisements. The JOVE BIRD platform assumes no liability for any loss or
damage suffered by the users due to transactions related to the advertisements
or contents provided by the aforesaid advertisers.
The JOVE BIRD platform shall possess the ownership of the JOVE BIRD account.
Users obtain the right to use the JOVE BIRD account after completing the
application procedures for registration. The initial applicant shall have the
right to use the JOVE BIRD account and shall not grant, lend, rent, transfer or
sell its account. The JOVE BIRD platform of GTCOM has the right to reclaim
user’s JOVE BIRD account for reasonable business needs such as product
maintenance, safety control and daily operation.
6-2. Users shall be liable for
safekeeping of their JOVE BIRD account information and password and solely
liable for stolen account or lost password due to improper care of themselves. Users shall bear legal liabilities for the acts
committed with the JOVE BIRD account or under the password. It is agreed by
users that under no circumstances will they use other users’ accounts or passwords.
It is also agreed by users to immediately notify the JOVE BIRD platform if they
are suspicious of account theft or password theft.
Users shall abide by the terms and conditions hereof and use the Services in a
proper way. In case of violation of any provisions hereof by users, the JOVE
BIRD platform shall have the right to suspend or terminate the Services
provided to JOVE BIRD account of users in breach after sending a notice.
7-1. The JOVE BIRD platform is not
liable for users’ failure in data deletion or storage when accessing the
The JOVE BIRD platform can decide, at its sole discretion, the maximum storage
life of data obtained from the Services according to actual situation, and may
allocate the largest storage space on the server. Users may back up relevant
data obtained from the Services to their own needs.
7-3. The JOVE BIRD platform may
permanently delete users’ data if they stop using the Services or the Services
are terminated. After the Services are stopped or terminated, the JOVE BIRD
platform has no obligation to return any data to the users.
relevant data obtained from the Services stated in this article does not
include personal information. If personal information is involved, the JOVE
BIRD platform will store and process it in accordance with the JOVE BIRD
8-1. Users understand and agree that the
JOVE BIRD platform reserves the right to unilaterally change, suspend,
terminate or cancel the contents of the Services in part or in full due to
business needs, and users shall undertake such risk.
If any violation of the Agreement or improper use of the Services is found by
users, a prompt report or complaint can be submitted to the JOVE BIRD platform
for processing in accordance with the provisions hereof.
Statement on Intellectual Property Rights
Unless otherwise stated, the copyrights, patent rights, and other intellectual
property rights of the software on which the JOVE BIRD platform provides the Services belong to the JOVE
BIRD platform. No one shall, without the permission of GTCOM, use (as well as
monitor, copy, spread, display, mirror, upload, or download through
programs or equipment including but not limited to any robot, crawler, etc.)
the contents of the JOVE BIRD platform and related services, or create related
9-2. The copyrights or trademark rights of
the images, words, or other components related to the Services, as well as logos,
products and names of the Services (hereinafter jointly referred to as the
“JOVE BIRD platform identities”), belong to the JOVE BIRD platform.
Users shall not display, use, or handle the JOVE BIRD platform identities in
any way without the prior written consent of the JOVE BIRD platform; nor shall
they indicate to others that users have the right to display, use, or handle
the JOVE BIRD platform identities.
9-3. The aforementioned and any other intellectual property
rights legally owned by the JOVE BIRD platform or relevant advertisers are
protected by law. Users shall not use or create relevant derivative works in
any way without the written consent of the JOVE BIRD platform or relevant
9-4. Users knows,
understand, and agree that, with a view to keep improving and providing the
Users with better services, the Users authorize GTCOM and/or its affiliates,
controlling companies and successor companies a global, royalty-free and
non-exclusive right (including but not limited to the rights of reproduction,
information network dissemination, compilation, etc.) regarding the contents
uploaded, released, disseminated or transmitted by the User through the JOVE
BIRD platform and relevant services (including but not limited to text,
pictures, images, audio, as well as music, voice, dialogue, etc. in audio
and/or video). The scope of use includes but is not limited to current or other
inherited websites, applications, products, etc.
The JOVE BIRD platform has the right to examine and delete relevant content
(including but not limited to user data) if it finds or receives reports or
complaints from others about the user’s violation of this Agreement; the JOVE
BIRD platform will punish (including but not limited to warning, banning the
ID, banning the equipment, and banning the function) the account according to
the seriousness of the infraction, and will inform the user of the decision.
Users understand and agree that the JOVE BIRD platform has the right to punish
the behavior that violates relevant laws and regulations or the Agreement based
on sound judgment. The JOVE BIRD platform also maintains the right to take
appropriate legal action and report relevant information to related authorities
in accordance with laws and regulations. Users shall bear all legal liabilities
Users understand and agree that they shall indemnify and hold harmless the JOVE
BIRD platform, its cooperative corporations, and affiliated companies from and
against all third-party claims, liability, or damages, including reasonable
attorney’s fees, in the case that they violate the Agreement.
Force Majeure and Other Disclaimer
11-1. Users understand and confirm that
risks such as force majeure may interrupt the Services during use. Force
majeure refers to unforeseeable, insurmountable, and unavoidable objective
events that have a significant impact on either or both Parties, including but
not limited to such natural disasters as floods, earthquakes, plagues, and
storms, and such social events as wars, turmoil, and government actions. In the
case of the aforementioned situations, the JOVE BIRD platform team will attempt
to coordinate with relevant institutions in a timely manner to restore service.
Consequences for losses to users or any third party arising therefrom, however,
shall not be borne by the JOVE BIRD platform and its cooperative corporations
within the scope permitted by law.
11-2. Like most
Internet services, the Services may be influenced by factors such as users,
network service quality, and social environment, and be harassed by various
security issues. For example, one user’s information may be used by others,
which may become a disturbance in real life; other software downloaded and
installed by the users or other websites visited by the users may have Trojan
viruses, which may threaten the safety of users’ computer information and data,
and may further influence the normal use of the Services. Users shall strive to
prevent information and user data from loss or harassment.
11-3. Users understand and acknowledge
that the Services may be interrupted or not be able to
meet users’ needs due to force majeure, computer viruses, hacker attacks,
unstable systems, user location, shutdown, or other reasons regarding
technology, the Internet, and the communication lines. Therefore, the
consequences of losses to any user or third party arising therefrom shall not
be borne by the JOVE BIRD platform.
11-4. Users understand and acknowledge
that the JOVE BIRD platform assumes no liability for any loss suffered by any
user or third party caused by misleading, deceptive, threatening, scandalous,
offensive, or illegal information, or by any anonymous or pseudonymous
information and behavior accompanying such information that violates the rights
of others from any other person when using the Services.
11-5. Users understand and acknowledge
that the JOVE BIRD platform shall perform overhauls or maintenance on the platform
or relevant equipment regularly or irregularly. The JOVE BIRD platform assumes
no liability for service interruptions arising therefrom within a reasonable
timeframe, provided that a prior notice is given.
11-6. The JOVE BIRD platform obtains the
right to deal with illegal behavior or default content according to the
provisions of laws, regulations and the Agreement. This right, however, does
not constitute a compulsory commitment to discover illegal behaviors or default
content in any timely fashion or deal with it.
11-7. The JOVE BIRD platform shall not
be liable for any indirect, consequential, punitive, accidental, specific, or
penal damages under any circumstances, including any loss of profits caused
when users use the Services (even when the JOVE BIRD platform has already been
informed of the possibility of any such loss). Notwithstanding any provisions
to the contrary herein, all liabilities borne by the JOVE BIRD platform to the
users, regardless of the causes or way of acts, shall, by no means, exceed
charges (if any) paid to the JOVE BIRD platform for its provision of the
Services by the users.
11-8. The JOVE BIRD platform will not
guarantee or assume any liability for the authenticity or validity of the
contents, advertisements, services, and product information on third-party
websites or resources links provided on the JOVE BIRD platform.
Change, Suspension or Termination of the Services
Users agree that the JOVE BIRD platform has the right to change, interrupt, or terminate
partial or all of its Services (including charged services) due to the
uniqueness of web services. In case of any change, suspend or termination of the Services by the
JOVE BIRD platform, users will receive announcement or notice of such change suspend or
termination released by the JOVE BIRD platform. In case that one user cancels JOVE BIRD account or the JOVE BIRD
platform terminates the Services, the JOVE BIRD platform will not refund the
relevant charges that have been paid by the user to the JOVE BIRD platform,
except as otherwise stipulated by laws and regulations or otherwise specified
by the JOVE BIRD platform.
12-2. In case of occurrence of any of
the following circumstances, the JOVE BIRD platform reserves the right to
change, suspend or terminate the free services or paid
services provided to users and is exempt from any liability to users or
any third party:
(1) The information provided by users
shall be authentic in accordance with law, but the personal data provided by
users is false or inconsistent with the registered information without
(2) Users violate the relevant laws and
regulations or the provisions hereof;
(3) It is required by laws or the
competent authorities; or
(4) It is required for security reasons
or other requisite situations.
13-1. The JOVE BIRD platform solemnly
reminds users to pay attention to the terms and conditions that exempt the JOVE
BIRD platform from liability and limit the rights of users in the Agreement.
Users shall read them carefully and weigh the risks.
13-2. GTCOM reserves the right to
interpret and amend the above clauses. The validity,
interpretation and resolution of disputes of the Agreement shall be governed
under the laws of the People’s Republic of China. Any dispute arising between
the users and the JOVE BIRD platform shall be settled through friendly
consultation. If no agreement is reached, users agree to submit the dispute or
controversy to the people’s court that has jurisdiction where the JOVE BIRD
platform is located.
In the case that any term or condition in the Agreement is or becomes invalid
or unenforceable for whatever reason, the others are still in effect and
binding upon the Parties.
The JOVE BIRD platform and related services may be subject to change and update
from time to time in order to provide users with better services or to comply
with any adjustment in laws, regulations and policies of the State. The
Agreement will be revised in from time to time, and the amendments shall
constitute a part of the Agreement. The update version will be released on the
JOVE BIRD platform once it is revised. An announcement will be made on the
official website (jovebird.com) before the revised terms take effect to keep
users updated on the latest version of the Agreement. Users can also view the
latest version of the terms of the Agreement on the webpage. Continuous use of
the JOVE BIRD platform and related services will be deemed as acceptance of the
13-5. If the users have any objection to the revised agreement
terms, they shall immediately stop logging in or using the JOVE BIRD platform
and related services. Continuous login
of the JOVE BIRD platform or use of the related services will be deemed as
acceptance of the revised agreement terms.
13-6. The terms set out herein may not fully cover all the rights
and obligations of GTCOM and users. The privacy policies, statements and
regulations released by the JOVE BIRD platform shall be deemed as supplementary
agreements hereto and shall constitute an integral part of the Agreement with
the same legal force.