“Playtrac App” User Agreement
This User Agreement (hereinafter referred to as “this Agreement”) is the agreement between you (or “User,” referring to individuals or organizations who register, log in, use, or browse this service) and Hangzhou Shishi Qiushi Sports Technology Co., Ltd. (hereinafter referred to as “Shishi Qiushi” or “we”) regarding the Playtrac mobile application service(hereinafter referred to as Playtrac）and the associated products, programs, and services of Shishi Qiushi (including but not limited to Playtrac APP) (hereinafter collectively referred to as “Shishi Qiushi Services”).
Shishi Qiushi hereby specifically reminds Users to carefully read and fully understand each clause of this Agreement, including clauses that exempt or limit Shishi Qiushi’s liability and clauses that restrict Users’ rights. Please read the Agreement carefully and choose to accept or reject it (minors should read it under the supervision of a legal guardian). If you have any objections to any clause of this Agreement, you can choose not to use Shishi Qiushi Services. Your registration, login, use, and publication behaviors will be deemed acceptance of this Agreement and agreement to be bound by all terms of this Agreement.
Your acceptance of this Agreement constitutes your voluntary acceptance of all terms and conditions, including any modifications Shishi Qiushi may make to any clause at any time.
This Agreement may be updated by Shishi Qiushi at any time. Once the updated terms are published, they will replace the original terms, and no separate notice will be given. Users can view the latest terms on Playtrac. After Shishi Qiushi modifies the relevant terms of this Agreement, if Users do not accept the modified terms, they should immediately stop using Shishi Qiushi Services. Users’ continued use of Shishi Qiushi Services after the modification will be deemed acceptance of the modified Agreement.
1. Playtrac App and Shishi Qiushi Services
1.1.Playtrac Functions and Overview of Shishi Qiushi Services: You can use Playtrac to control Shishi Qiushi hardware (for the avoidance of doubt, Shishi Qiushi hardware includes but is not limited to cameras and other hardware for commercial and entertainment purposes, physical objects, and their firmware. Shishi Qiushi hardware is not considered part of Shishi Qiushi Services) to shoot and live stream sports matches, create and manage teams and members, upload videos to the Shishi Qiushi platform, watch and edit videos online, download videos, and share them to third-party platforms, etc.
1.2 You must be aware and acknowledge the following:
1.2.1 We may unilaterally change, suspend, restrict, terminate, or revoke all or part of Shishi Qiushi Services at any time without any notice for business development needs, and users must bear this risk;
1.2.2 Shishi Qiushi Services may include advertisements and other activities, and Users agree to display advertisements and other activities provided by us and our affiliates and third-party suppliers and partners during the use process;
1.2.3 We reserve the right to decide on our own authority to stop transmitting any content that violates relevant laws and regulations or the terms of this Agreement, or infringes, hinders, or threatens the rights or safety of any person, and we have the right to take appropriate legal actions against any person in violation of this Agreement at our own discretion, including but not limited to deleting content with illegality, infringement, or impropriety from Shishi Qiushi Services, terminating the login qualifications of violators, preventing them from using all or part of Shishi Qiushi Services, and storing relevant information in accordance with laws and regulations and providing reports to relevant departments as required.
1.3 Application license：Subject to your compliance with the Agreement, Playtrac grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
1.4 Update：You understand that Playtrac are evolving. You acknowledge and agree that Playtrac may update services with or without notifying you. You may need to update third-party software from time to time in order to use Playtrac.
1.5 Certain restrictions ：The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Playtrac and Shishi Qiushi Services or any portion of them, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Pixellot Properties (including images, text, page layout or form) of Playtrac; (c) you shall not use any metatags or other “hidden text” using Pixellot’s name or trademarks; (d) except as expressly permitted herein, you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Playtrac and Shishi Qiushi Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of Playtrac and Shishi Qiushi Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Playtrac and Shishi Qiushi Services. Any future release, update or other addition to Playtrac and Shishi Qiushi Services shall be subject to the Agreement. Playtrac, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Playtrac and Shishi Qiushi Services terminates the licenses granted by Playtrac pursuant to the Agreement.
2. PHOTO/VIDEO RELEASE
2.1 Likeness：If you are featured in any Content, whether Made Available by Shishi Qiushi Services, another Registered User or yourself, you hereby agree that Shishi Qiushi Services is authorized to use your name, biographical details, image, likeness, actions, voice and/or statements (collectively, “Likeness”) in connection with such Content, without further authorization or any compensation, worldwide, in any media, whether now known or hereafter devised, for any business purpose (including, without limitation, commercial and promotional purposes).
2.2 Minors' likeness：Additionally, if you are a parent or legal guardian of a child under the age of eighteen (18) who is featured in any Content (the “Minor”), whether Made Available by Shishi Qiushi Services, another Registered User or yourself, you hereby agree that Shishi Qiushi Services is authorized to use of Minor’s name, biographical details, image, likeness, actions, voice and/or statements (collectively, “Likeness”) in connection with such Content, without further authorization or any compensation, worldwide, in any media, whether now known or hereafter devised, for any business purpose (including, without limitation, commercial and promotional purposes).
2.3 Release
you hereby release, hold harmless, and forever discharge Shishi Qiushi Services from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses arising out of, related to, or in any way connected with the exercise by Shishi Qiushi Services of the rights granted herein, including, without limitation, any and all claims for invasion of privacy, infringement of my privacy, publicity, and/or intellectual property rights, defamation, or portrayal in a false light.
3. User Personal Information Protection
3.1 Protecting Users’ personal information is an important basic principle of Shishi Qiushi, and Shishi Qiushi will take reasonable measures to protect Users’ personal information. Except as required by laws and regulations, Shishi Qiushi will not disclose Users’ personal information to any third party without the User’s permission.
3.2 In the process of registering an account or using this service, you need to provide some necessary information, such as your mobile phone number to provide you with account registration services or for user identity verification; the function of searching for nearby sports venues requires your consent to use your location information; the mobile contact list matching function requires you to authorize access to your mobile contact list, etc. If there are special provisions in national laws and regulations or policies, you need to provide real identity information. If you provide incomplete information, you will not be able to use this service or may be restricted during use.
3.3 You are responsible for keeping your login information confidential and preventing it from being accessed and used by others, and you are responsible for all actions under your Playtrac account. You must notify us immediately of any actions that may violate the law, unauthorized use, or suspected unauthorized use. We will not be liable for any losses you may incur due to your failure to comply with the above requirements.
3.4 Generally, you can browse and modify the information you submit at any time, but for security reasons, you may not be able to modify the initial registration information and other verification information provided at registration.
3.5 Shishi Qiushi will establish a sound management system by employing various security technologies and procedures to protect your personal information from unauthorized access, use, or disclosure.
3.6 Without your consent, Shishi Qiushi will not disclose your personal information to any company, organization, or individual other than Shishi Qiushi, except as required by laws and regulations.
3.7 Shishi Qiushi attaches great importance to the protection of minors’ personal information. If you are under the age of 18, you should obtain the written consent of your parent or legal guardian before using Shishi Qiushi’s services.
3.8 The information you publish through Playtrac is public information, and other third parties can obtain the information you publish through this platform. By publishing any information, you acknowledge that the information is public and assume sole legal responsibility for such behavior; any information that you do not want to be known to other third parties should not be published on this platform.
4. Main Rights and Obligations
4.1 Account Usage Norms
4.1.1 You need to register a Shishi Qiushi account before using some of the services provided by this software (such as team management, creating matches, etc.). Shishi Qiushi accounts can be registered through mobile phone numbers.
4.1.2 The ownership of Shishi Qiushi accounts belongs to Hangzhou Shishi Qiushi Sports Technology Co., Ltd. After Users complete the registration application procedures, they only obtain the right to use the Shishi Qiushi account, and this right only belongs to the initial applicant. The initial applicant may not donate, lend, lease, transfer, or sell the Shishi Qiushi account or otherwise permit a non-initial applicant to use the Shishi Qiushi account. A non-initial applicant may not use the Shishi Qiushi account through donation, inheritance, leasing, assignment, or any other means.
4.1.3 Users have the responsibility to properly keep the security of their registered account information and account passwords. Users are liable for the actions under their registered account and password. Users agree not to disclose their account and password information to others under any circumstances. When you suspect that someone else is using your account, you should immediately notify Hangzhou Shishi Qiushi Sports Technology Co., Ltd.
4.1.4 If users do not log in to their account for a long time after registering the Shishi Qiushi account, Shishi Qiushi has the right to reclaim the account to avoid resource waste, and users shall bear any losses arising therefrom.
4.2 User Precautions
4.2.1 You understand and agree that, in order to provide you with effective services, this software will utilize your terminal device’s processor and bandwidth resources. During the use of this software, there may be data traffic fees, and users need to inquire about relevant tariff information from the operators themselves and bear the relevant fees on their own.
4.2.2 You understand and agree that some functions of this software may allow third parties to know about Users’ information, such as: Shishi Qiushi friends and team teammates can query Users’ avatar, name, mobile phone number, or video content and other public personal information; Users who register Shishi Qiushi accounts using mobile phone numbers or associate mobile phone numbers with Shishi Qiushi accounts can be queried by friends who have the number stored in their address books; messages, comments, photos, and videos uploaded to the same team by Users with the corresponding functional permissions can be queried and read by Shishi Qiushi Users, and made available for third parties to access.
4.2.3 You understand and agree that when you use a specific service of this software, there may be a separate agreement, relevant business rules, etc. (hereinafter collectively referred to as “separate agreements”). Please read and agree to the relevant separate agreements before using this service.
4.2.4 You understand and agree that Shishi Qiushi will make its best commercial efforts to ensure the security of data storage in this software and service, but Shishi Qiushi cannot provide a complete guarantee in this regard, including but not limited to the following situations:
a. Shishi Qiushi is not responsible for the deletion or storage failure of your relevant data in this software and service;
b. Shishi Qiushi has the right to decide the maximum storage period of single Users’ data in this software and service on its own initiative according to the actual situation, and allocate the maximum storage space for Users on the server. You can back up the relevant data in this software and service according to your own needs;
c. If you stop using this software and service or the service is terminated or canceled, Shishi Qiushi may permanently delete your data from the server. After the service is stopped, terminated, or canceled, Shishi Qiushi has no obligation to return any data to you.
4.2.5 Users must bear the following risks from factors beyond Shishi Qiushi’s control when using this software and service, including but not limited to:
a. Risks of personal information loss or leakage due to irresistible factors;
b. Users must choose a software version that matches the installed terminal device. Otherwise, any problems or damages caused by the mismatch between the software and the terminal device model shall be borne by users themselves;
c. Risks caused by third-party websites and related content when Users access third-party websites using this software;
d. Risks and liabilities caused by others forwarding and sharing the content you publish;
e. Risks caused by unstable wireless network signals, low wireless network bandwidth, etc., such as login failure, incomplete data synchronization, and slow page opening speed.
4.3 Third-Party Products and Services
4.3.1 When using third-party products or services provided by this software, in addition to complying with the terms of this agreement, Users should also comply with the user agreements of the third parties. Shishi Qiushi and the third parties shall bear their respective responsibilities for any disputes that may arise within the scope of laws and regulations.
4.3.2 When Users use this software or require Shishi Qiushi to provide specific services, this software may call third-party systems or support Users’ use or access through third parties, and the results of use or access are provided by the third parties (including but not limited to services provided by third parties through Shishi Qiushi public accounts, or content accessed through open platforms, etc.). Shishi Qiushi does not guarantee the security, accuracy, effectiveness, and other uncertainties of services and content provided by third parties. Any disputes and damages arising therefrom shall be irrelevant to Shishi Qiushi, and Shishi Qiushi shall not bear any responsibility.
4.3.3 You understand and agree that Shishi Qiushi has the right to use this software for commercial purposes, including but not limited to developing and using some services of this software to promote third parties, etc. Shishi Qiushi promises to strictly protect your personal information in accordance with the terms of this agreement during the promotion process, and you can also choose to block or refuse to receive related promotional information through system settings.
5. User Behavior Norms
5.1 Information Content Norms
5.1.1 The information content referred to in this article refers to any content created, copied, published, and disseminated by Users during the use of this software and service, including but not limited to Shishi Qiushi account avatar, name, user description and other registration information, or video, text, audio, pictures, sent, replied, moments text and related link pages, and other content generated by using Shishi Qiushi account or this software and service.
5.1.2 You understand and agree that Shishi Qiushi has always been committed to providing Users with a civilized, healthy, standardized, and orderly network environment. You may not use the Shishi Qiushi account or this software and service to create, copy, publish, and disseminate the following content that interferes with the normal operation of Shishi Qiushi and infringes upon the legitimate rights and interests of other users or third parties, including but not limited to:
a. Publishing, transmitting, disseminating, and storing content prohibited by laws and regulations:
i. Violating the basic principles established by the Constitution;
ii. Endangering national security, leaking state secrets, subverting state power, and undermining national unity;
iii. Damaging national honor and interests;
iv. Inciting ethnic hatred and discrimination, undermining ethnic unity;
v. Undermining national religious policies, promoting heretical cults and feudal superstitions;
vi. Spreading rumors, disrupting social order, and undermining social stability;
vii. Spreading pornography, gambling, violence, terrorism, or inciting crimes;
viii. Insulting or slandering others, infringing upon others’ legitimate rights and interests;
ix. Inciting illegal assemblies, associations, demonstrations, parades, or gatherings to disrupt social order;
x. Engaging in activities in the name of illegal mass organizations;
xi. Not complying with the “Seven Bottom Lines” requirements of the Interim Provisions on the Management of the Development of Public Information Services of Instant Messaging Tools and adhering to laws and regulations, the socialist system, national interests, citizens’ legitimate interests, public order, social morals and customs, and the authenticity of information, etc.;
xii. Containing other content prohibited by laws and regulations.
b. Publishing, transmitting, disseminating, and storing content that infringes upon others’ reputation rights, portrait rights, intellectual property rights, trade secrets, etc.;
c. Involving others’ privacy, personal information, or data;
d. Publishing, transmitting, disseminating, and spreading harassment, advertising information, and junk information or information containing any sexual or sexual innuendo;
e. Other information that violates laws and regulations, policies, and public order and good customs, interferes with the normal operation of Shishi Qiushi and infringes upon the legitimate rights and interests of other users or third parties.
5.2 Software Usage Norms
Unless permitted by law or with written consent from Shishi Qiushi, you may not engage in the following behaviors while using this software:
5.2.1 Delete copyright information on the software and its copies;
5.2.2 Reverse engineer, decompile, or disassemble the software, or attempt to discover the source code of the software in any other manner;
5.2.3 Use, rent, lend, copy, modify, link, reproduce, compile, publish, or establish mirror sites for any content owned by Playtrac that has intellectual property rights;
5.2.4 Copy, modify, add, delete, hook, run, or create derivative works from any data released to any terminal memory during the operation of the software, any interaction data between the client and server during the operation of the software, and any system data necessary for the operation of the software, including but not limited to using plugins, hacks, or unauthorized third-party tools/services to access the software and related systems;
5.2.5 Modify or falsify instructions or data during the operation of the software to increase, delete, change the functions or operational effects of the software, or operate or disseminate software, methods, or purposes for the above purposes to the public, whether for commercial purposes or not;
5.2.6 Log in or use Playtrac software and services through third-party software, plugins, hacks, systems not developed or authorized by Playtrac, or produce, publish, or disseminate such tools;
5.2.7 Interfere with the software and its components, modules, and data by yourself or authorize others or third-party software;
5.2.8 Other acts are not explicitly authorized by Shishi Qiushi.
5.3 Service Operation Norms
Unless permitted by law or with written consent from Shishi Qiushi, you may not engage in the following behaviors while using this service:
5.3.1 Submitting or posting false information, or impersonating or using another person’s name;
5.3.2 Inducing other users to click on links or share information;
5.3.3 Fabricating facts or concealing the truth to mislead or deceive others;
5.3.4 Infringing upon the legal rights of others, such as their reputation, portrait rights, intellectual property rights, trade secrets, etc.;
5.3.5 Without the prior written permission of Shishi Qiushi, using a Shishi Qiushi account and any function thereof, as well as third-party platforms, for promotion or mutual promotion;
5.3.6 Using a Shishi Qiushi account or this service to engage in any illegal or criminal activities;
5.3.7 Creating, publishing, or disseminating methods, tools, or related content related to the above-mentioned behaviors, or operating or disseminating such methods or tools, whether for commercial or non-commercial purposes;
5.3.8 Other acts that violate laws and regulations, infringe upon the legitimate rights and interests of other users, interfere with the normal operation of the service, or are not explicitly authorized by Shishi Qiushi.
5.4 Responsibility for Your Actions
You fully understand and agree that you must be solely responsible for all actions under your registered account, including any content you post and any consequences thereof. You should exercise your own judgment regarding the content of this service and assume all risks associated with using the content, including but not limited to risks arising from reliance on the accuracy, completeness, or usability of the content. Playtrac will not be liable for any loss or damage resulting from such risks.
5.5 Breach Handling
5.5.1 If Shishi Qiushi discovers or receives a report or complaint from another person regarding a user’s violation of this Agreement, Shishi Qiushi has the right to delete or block the relevant content without notice at any time and, depending on the severity of the behavior, may impose penalties on the account, including but not limited to warnings, restrictions or bans on the use of some or all functions, and account suspension or termination, and announce the results of the handling.
5.5.2 You understand and agree that Shishi Qiushi has the right to take appropriate legal actions against any person who violates laws and regulations or this Agreement, and may save relevant information and report to the competent authorities in accordance with laws and regulations. You shall bear all legal responsibilities arising therefrom.
5.5.3 You understand and agree that if you violate this Agreement or the relevant service terms and cause or result in any claims, demands, or losses from a third party, you shall bear sole responsibility. If Playtrac incurs any losses as a result, you shall also compensate Shishi Qiushi for the losses.
6. Advertising and Third-Party Links
6.1 Shishi Qiushi reserves the right to associate or display advertisements and advertising links through relevant pages. The methods and scope of such advertisements may be changed without notice to the user. The user may not modify, remove, or obscure these advertisements in any way.
6.2 Shishi Qiushi’s products and/or services may provide links to other international websites or resources.Shishi Qiushi will fulfill its relevant obligations to advertisers in accordance with laws and regulations. However, the user is aware and agrees that these advertisers and advertising content are not controlled by Shishi Qiushi, and the user should exercise caution in judging the authenticity and reliability of the advertising information. Any behavior or disputes arising from any form of interaction between the user and the advertiser or advertiser through Shishi Qiushi’s products and/or services shall be the sole responsibility of the user to resolve, and Shishi Qiushi shall not bear any additional responsibility unless otherwise stipulated by law. However, Shishi Qiushi will provide necessary assistance as needed in accordance with the law.
7. Third-Party Software or Technology
7.1 Shishi Qiushi services may use third-party software or technology (including open-source code and public domain code that the software may use, hereinafter referred to as “third-party software or technology”), and such use has obtained legal authorization.
7.2 If Shishi Qiushi services use third-party software or technology, Shishi Qiushi will display the relevant agreements or other documents in accordance with relevant laws and regulations, which may be bundled in the software installation package’s specific folder as an attachment to this Agreement or displayed through other pages in the form of “Software Usage License Agreement,” “Authorization Agreement,” “Open Source Code License,” or other forms. The aforementioned relevant agreements, other documents, and web pages displayed in various forms are integral parts of this Agreement and have the same legal effect as this Agreement. You should comply with these requirements. If you fail to comply with these requirements, the third party or government authorities may take legal actions against you, impose fines, or take other sanctions, and require Playtrac’s assistance. You shall bear legal responsibility.
7.3 If any disputes arise due to the use of third-party software or technology in Shishi Qiushi services, the third party shall be responsible for resolving them, and Shishi Qiushi shall not bear any responsibility. Shishi Qiushi does not provide customer support for third-party software or technology. If you need support, please contact the third party.
8. Copyright Statement
8.1 Any information you publish on this platform, except for identifiable personal information, will be deemed non-confidential and non-proprietary. We will not be responsible for such information.
8.2 We and our designated personnel may freely copy, disclose, distribute, integrate, and use such information and all data, images, audio, text, and other content contained therein for any and all commercial or non-commercial purposes.
8.3 Shishi Qiushi has the right to review and delete any content, email, photos, or text (collectively referred to as “content”) if, after reasonable judgment, Shishi Qiushi determines that such content violates this Agreement or is offensive, illegal, or infringes on the rights of others, or damages or threatens the content health or content security of users or the platform.
8.4 You declare and warrant that at any time, the content you publish meets the following conditions: (a) it does not violate this Agreement; (b) it will not harm any other person. If the content you publish involves copyright issues, you must ensure that you have the original copyright to publish the content or have obtained the authorization of the copyright owner and relevant laws, and that it does not infringe on the copyright, portrait rights, trademark rights, etc. of others, and does not violate confidentiality agreements. Playtrac assumes that all original content published by users has obtained copyright authorization for publication, performance, and other rights. If legal disputes arise from the publication of content, the user shall bear all responsibilities, and Playtrac shall not bear any legal responsibility.
8.5 By publishing content to Shishi Qiushi’s public area, you agree, automatically grant, and warrant that you have the right to grant Shishi Qiushi a non-cancellable, perpetual, non-exclusive, fully free, and worldwide license to use, copy, execute, display, and distribute such information and content, and to allow derivative works or integration into other works, and to grant sublicenses for such rights.
8.6 When you use Shishi Qiushi’s event services as a general user or event participant directly or indirectly, you agree, automatically grant the event organizer the right to collect content (including but not limited to text, images, videos, audio, and other forms of content), and grant Shishi Qiushi and its affiliates, controlling companies, and successor companies a global, free, non-exclusive, sublicensable right (including but not limited to the rights of reproduction, translation, compilation, information network dissemination, adaptation, derivative works, performance, and display), for any and all commercial or non-commercial purposes.
8.7 When you use Shishi Qiushi’s event services as an event organizer, we assume that you are the relevant right holder or have been authorized by the relevant right holder of the sports event activity; we assume that you have recognizedShishi Qiushi’s reasonable use of event-generated content for commercial development; we assume that you have explained and reached an agreement with relevant parties such as teams and players participating in the event regarding event-related copyright issues and that there will be no conflict with Shishi Qiushi’s copyright statement.
8.8 When you use Shishi Qiushi’s event services as an event organizer, you recognize that the copyright of relevant event content is shared with Shishi Qiushi. Unless otherwise agreed, Shishi Qiushi may use relevant content for any and all commercial or non-commercial purposes. If there is a distribution agreement regarding the commercial interests of related copyright and content, only when both parties have a clear distribution agreement will it be distributed according to the agreement, otherwise, we consider that you voluntarily waive the revenue generated by Shishi Qiushi’s commercial development. Shishi Qiushi shall not be responsible for copyright issues raised by relevant event participants such as teams and players.
8.9 If any third party infringes on the relevant rights of Shishi Qiushi users, the user agrees to authorize Playtrac or its designated agent to represent Shishi Qiushi to issue warnings, complaints, initiate administrative enforcement, litigation, appeals (but not obligatory), or negotiate settlements, and the user agrees to participate in joint rights protection if Shishi Qiushi considers it necessary.
8.10 If any individual or unit finds that there is content on Shishi Qiushi that infringes upon its legitimate rights and interests, please contact Shishi Qiushi in a timely manner and provide legally effective proof materials so that Shishi Qiushi can take appropriate actions. Shishi Qiushi has the right (but not the obligation) to delete the relevant content based on the actual situation and pursue the legal responsibility of the relevant user. If it causes losses to Shishi Qiushi or any third party, the infringing user shall bear full responsibility.
8.11 Without the permission of Shishi Qiushi, no one may copy, repost, hotlink, upload, download, or display any resources on Shishi Qiushi; may not copy or imitate this site or set up a mirror site on a server other than Shishi Qiushi’s. Otherwise, Shishi Qiushi will pursue legal responsibility.
8.12 The trademarks, product names, service names, images, graphics, source code, and layout design of all pages of Shishi Qiushi are the copyright of Shishi Qiushi. Without authorization, they may not be used for any site other than Shishi Qiushi.
9. Modification and Termination
9.1 Modification:
9.1.1 This Agreement allows for changes. If this Agreement is modified, we will publish the updated Agreement on Playtrac. Subsequently, continuing to use Playtrac and Shishi Qiushi Services will be deemed as your acknowledgment of such changes and agreement to be bound by the terms thereof.
9.1.2 Shishi Qiushi reserves the right to modify, retain, or close Playtrac and Shishi Qiushi Services at any time without notice.
9.1.3 You have agreed that Shishi Qiushi shall not be liable to you or any third party for any actions of modification, retention, or closure of Playtrac and Shishi Qiushi Services.
9.2 Termination:
9.2.1 This Agreement shall take effect from the date you accept it and remain in effect during your use of Playtrac and Shishi Qiushi Services until terminated in accordance with this Agreement.
9.2.2 Despite the above, if you used Playtrac and Shishi Qiushi Services before you accepted this Agreement, if you knew or should have known and agreed to this Agreement at this time, then this Agreement shall take effect from the first time you used Playtrac and Shishi Qiushi Services, unless terminated earlier in accordance with this Agreement.
9.3 If a user infringes upon the copyright of a third party and Playtrac receives a notice from the copyright owner or the legal agent of the copyright owner, Playtrac reserves the right to terminate this Agreement.
9.4 Once this Agreement is terminated, your website account and the right to use Playtrac and Shishi Qiushi Services shall terminate. You should be aware that the termination of your website account means that your user content will be deleted from our active database. Shishi Qiushi shall not be liable to you for any termination of this Agreement, including the termination of your user account and the deletion of your user content.
9.5 Any updated version of Playtrac or future version, update, or other change of Shishi Qiushi Services shall be governed by this Agreement.
10. INTERNATIONAL USERS
10.1 Playtrac and Shishi Qiushi Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Playtrac intends to announce such Services or Content in your country. Playtrac and Shishi Qiushi Services are controlled and offered by Shishi Qiushi from its facilities in the China. Shishi Qiushi makes no representations that Playtrac and Shishi Qiushi Services are appropriate or available for use in other locations. Those who access or use Playtrac and Shishi Qiushi Services from other countries do so at their own volition and are responsible for compliance with local law.
11. disclaimer of warranties and conditions
11.1 As is
you expressly understand and agree that to the extent permitted by applicable law, your use of Playtrac and Shishi Qiushi Services is at your sole risk, and Playtrac and Shishi Qiushi Services are provided on an “as is” and “as available” basis, with all faults. Shishi Qiushi Services parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the website. 1. Playtrac and Shishi Qiushi Services make no warranty, representation or condition that: (1) Playtrac and Shishi Qiushi Services will meet your requirements; (2) your use of Playtrac and Shishi Qiushi Services will be uninterrupted, timely, secure or error-free; or (3) the results that may be obtained from use of Playtrac and Shishi Qiushi Services will be accurate or reliable. 2. any content downloaded from or otherwise accessed through Playtrac and Shishi Qiushi Services is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access Playtrac and Shishi Qiushi Services, or any other loss that results from accessing such content. 3. the services may be subject to delays, cancellations and other disruptions. Playtrac and Shishi Qiushi Services makes no warranty, representation or condition with respect to services, including but not limited to, the quality, effectiveness, reputation and other characteristics of services. 4. No advice or information, whether oral or written, obtained from Playtrac and Shishi Qiushi Services or through Playtrac and Shishi Qiushi Services will create any warranty not expressly made herein.
11.2 No liability for conduct of third parties
You acknowledge and agree that Playtrac and Shishi Qiushi Services parties are not liable, and you agree not to seek to hold Playtrac and Shishi Qiushi Services parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.
11.3 No liability for conduct of other users
you are solely responsible for all of your communications and interactions with other users of Playtrac and Shishi Qiushi Services. you understand that Shishi Qiushi Services does not make any attempt to verify the statements of users of Playtrac and Shishi Qiushi Services. Playtrac and Shishi Qiushi Services makes no warranty that the goods or services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Playtrac and Shishi Qiushi Services makes no warranty regarding the quality of any such goods or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any user content obtained through Playtrac and Shishi Qiushi Services.
11.4 Third-party materials
as a part of Playtrac and Shishi Qiushi Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Playtrac and Shishi Qiushi Services to monitor such materials and that you access these materials at your own risk.
limitations of liability
11.5 disclaimer of certain damages
you understand and agree that, to the fullest extent provided by law, in no event shall Playtrac and Shishi Qiushi Services be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, in each case whether or not Playtrac and Shishi Qiushi Services has been advised of the possibility of such damages, arising out of or in connection with the agreement or any communications, interactions or meetings with other users of Playtrac and Shishi Qiushi Services, on any theory of liability, resulting from: (a) the use or inability to use Playtrac and Shishi Qiushi Services; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained; or messages received for transactions entered into through Playtrac and Shishi Qiushi Services; © unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on Playtrac and Shishi Qiushi Services; or (e) any other matter related to Playtrac and Shishi Qiushi Services, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. the foregoing limitation of liability shall not apply to liability of a pixelott party for (i) death or personal injury caused by a Playtrac and Shishi Qiushi Services party’s negligence; or for (ii) any injury caused by a Playtrac and Shishi Qiushi Services party’s fraud or fraudulent misrepresentation.
12. Other
12.1 Feedback
If you provide suggestions (also known as “feedback”) to Shishi Qiushi, it is deemed that you have transferred all rights to the “feedback” to Shishi Qiushi and agreed that Shishi Qiushi has the right to use the feedback and related information in any reasonable manner. We will treat such feedback information as non-confidential and non-proprietary.
12.2 Privacy Policy
12.2.1 Please refer to our Privacy Policy, which is an integral and inseparable part of this Agreement with equal legal effect. At any time, your information is processed in accordance with the Privacy Policy.
12.2.2 Shishi Qiushi will fully protect the personal privacy information of users. Shishi Qiushi guarantees that it will not publicly disclose or provide users’ personal privacy information or non-public content stored during the use of services to any third party, unless it is required by law or authorized by the government department with legal authority or obtained the explicit authorization of users, Shishi Qiushi needs to disclose users’ personal privacy information, including but not limited to videos and data generated during the use of Shishi Qiushi services.
12.3 Notice
You must provide your most recently used valid email address. Shishi Qiushi shall not be liable for any risks arising from the inability to use the email address you provided or from our inability to deliver notices to you for any reason. The notices published by Playtrac and the emails (if any) sent to you containing such notices undoubtedly constitute valid notices.
12.4 Place of Conclusion
The place of conclusion of this Agreement is Xiaoshan District, Hangzhou, People’s Republic of China.
12.5 Applicable Law
This Agreement shall be governed by the laws of the People’s Republic of China. In the event of any dispute, the parties shall resolve it amicably. If consultation fails, you agree to submit the dispute or controversy to the competent people’s court of the place of conclusion of this Agreement for jurisdiction.
12.6 Independence
If certain clauses of this Agreement are rendered inapplicable for any reason, the other clauses of this Agreement shall continue to be applicable and the inapplicable clauses shall be modified to the extent necessary to make them applicable in accordance with the law.
12.7 Completeness
This Agreement (including the Privacy Policy) is the final, complete, and exclusive agreement between you and Playtrac regarding Playtrac and Shishi Qiushi services and supersedes and merges all previous discussions and agreements between the parties regarding such matters (including previous end-user licenses and service terms).
12.8 Titles
The headings of each section are for convenience of reading only and have no legal or contractual obligations.
12.9 Assignment
Unless otherwise agreed in writing by Shishi Qiushi, you may not assign the rights and obligations under this Agreement. Any attempt to assign in violation of the foregoing shall be null and void.
Hangzhou Shishi Qiu Shi Sports Technology Co., Ltd.
July 27, 2023