The following contents are the Agreement on the Use of Monster Pub and the Agreement on the Privacy of Monster Pub. Please read carefully and fully understand the relevant clauses of the agreement before registering Monster Pub. Once you register on Monster Pub, it is deemed that you have understood and agreed to the contents of the Agreement on the Service of Monster Pub and the Agreement on the Privacy of Monster Pub.
Please read carefully and fully understand all the terms and conditions of this agreement to obtain the App Service for Monster Pub (hereinafter referred to as "Monster Pub") provided by Sistalk Technology (Beijing) Co., Ltd (hereinafter referred to as "Sistalk"). Once you register on Monster Pub, it is deemed that you have understood and fully accepted all the contents of this Agreement, including any amendments that the Monster Pub makes. If you do not have full capacity for civil conduct due to age, intelligence and other factors, please read and judge whether you agree to this agreement with the statutory guardian, and pay special attention to 11. The minors clauses.
1. Acceptance clauses
1.1 It is agreed in this agreement that Sistalk will provide users with services according to the clause and the updated rules from time to time. This agreement can be updated at any time by Sistalk, and the updated clauses will replace the original clauses upon publication without prior notice. Once you register, log in and use the services, you will become the users of Monster Pub and accept the binding of this agreement.
1.2 Users should abide by the terms and conditions of this agreement and lawfully use the service that the Monster Pub provided. Otherwise, the company should have the right to suspend or terminate the services.
1.3 Users and the Monster Pub should comply with the rules related to the service when users use the services. All the rules mention form part of this agreement.
2. Users registration
2.1 Users should register for the account of "Monster Pubs" before using the services. Sistalk can change the way the account registration and binding based on users’ requirements or product requirements.
2.2 To use the service, users should agree the following items according to the law: filling in the correct registration email, password, name, mobile phone number and other information according to the registration tips of the services, to be sure the authenticity, validity and legality of the updated login email, name, photo and mobile phone number. If any information is provided which is illegal, immoral or that Monster Pub think it is not suitable to display; The Monster Pub will suspect with reasons that it is the program or malicious operation, and has the right to suspend or terminate the account without prior notice, refusing to use all or any functions of the services for now and in the future.
2.3 Monster Pub should not be liable for any registration or registration information to the users, including but not limited to the liability, to identify, verify it is authentic, correct, complete, applicable for the registration information and/or whether it is the updated information.
3. Users account and password security
3.1 Users can use the registration email/mobile phone number and password to log in to their account on Monster Pub after completing the registration procedure of the service and successfully registering. Users are granted the right to use the account when the registration is completed.
3.2 Users should take full responsibility for all acts when using the account:
1) Please inform Sistalk immediately if the account is not authorized to be used, or if there are any other security problems;
2) Sistalk will not take any responsibility for any losses or damages that you did not keep your account number and password well.
3) Users should take full responsibility for the damage caused to the users, Sistalk or the third party when using the account, including that his or her account or password is not properly kept.
4) Users agree not to use other users' account or password under any circumstances.
5) Users agree not to create fake accounts in batches by means of technical means;
3.3 The ownership of the account of "Monster Pub" belongs to Sistalk, and the right to use belongs only to the initial applicant registrant. It is prohibited to give, borrow, rent, transfer or sale to others.
3.4 Users should comply with the terms and conditions of this agreement, and use the services correctly and appropriately. If users violate any terms and conditions of this agreement, Sistalk has the right to discontinue or terminate the services to the account number of the defaulting users according to the agreement after notifying the users. Meanwhile, Sistalk reserves the right to withdraw accounts and users’ names at any time.
4. Users personal information protection
4.1 It is not only the legal requirement, but also a basic principle long adhered for Sistalk to protect users' personal information security. The registration information that the users provide and other information that Sistalk retains for the users will be protected by the law. Sistalk will collect, store and use personal information according to the law, the agreement and the Agreement on the Privacy of Monster Pub.
4.2 Users can query, change and delete the personal data, registration information and transmission content of "Monster Pub" account with the operation prompted in the APP, but for the consideration of security and identification, the gender and other information provided during registration may not be modified. In addition, the users should take the risk, because deleting the relevant information will also delete the words and pictures that the users stored in the system.
5. Users actions
5.1 Users should comply with relevant laws and regulations and agree to take full responsibility for any actions and consequences of using this service in any way. Users should take all legal responsibilities according to law if the users' actions violate the national law. The judicial authorities will prosecute for criminal liabilities if it is suspected of being involved in crime, Monster Pub will cooperate and strictly comply with the legal obligations and requirements of the judicial authorities.
5.2 Users promise that they will not conduct any illegal or improper activities, including but not limited to the followings:
1) To release or transmit information containing any of the followings:
· To oppose the fundamental principles that the constitution established;
· To endanger national security, divulge state secrets, subvert state power and undermine national unity;
· To damage national honor and interests;
· To incite ethnic hatred, ethnic discrimination and undermine national unity;
·To undermine the state's religious policy and promote heresy and feudal superstition;
· To spread rumors, disturb the social order and undermine social stability;
· To disseminate obscenity, pornography, gambling, violence, murder, terror or abetting crimes;
·To insult or slander others and infringe others' legitimate rights and interests;
·Including the contents that are false, fraudulent, harmful, coercive, infringing on others’ privacy, harassment, infringement, slander, vulgarity, indecent, or other morally objectionable;
· Other contents which are restricted or prohibited by laws, (department) regulations and any requirements with legal effect;
·Including the contents that is deemed inappropriate to display on Monster Pub;
· Contents that infringe others' copyright, patent right, trademark right, trade secret or other exclusive rights;
2) To steal the picture or information of others, impersonate or use others' name, and impersonate any other person or organization;
3) To harm the lawful rights and interests of others in any way;
4) To force or induce other users to follow, click on the link page or share information;
5) To make and publish methods and tools related to the above actions, or operate or disseminate such methods and tools, whether these are for commercial purposes or not;
6) To disturb or damage the services or the servers and networks connected to the services, or violate any regulations, procedures, policies or norms regarding the service connection network;
7) To publish, send or otherwise transmit computer virus (or any information of other computer codes, files and programs) designed to interfere, disrupt, or restrict the functions of any computer software, hardware, or communications equipment;
8) Other acts that violate laws and regulations, infringe upon legitimate rights and interests of other users, disturb the normal operation of "Monster Pub" or are not clearly authorized.
9) To track, search Internet human flesh or harass others in other ways;
10) To intentionally or unintentionally violate any applicable local and national laws, and any rules with legal effects;
5.3 Users provide, distribute or transmit the contents, which are connected with the service, violate this agreement, or infringe any of others' rights, thus deriving or causing any claim or request by any third party, including but not limited to reasonable attorneys fees, litigation fees, users are required to compensate Sistalk and its subsidiaries, associated companies, senior staff, agents, brand owners or other partners and employees, which protect them from damage, and take all legal liabilities arising from this .
5.4 Users may not copy, sell, resell or use any part of the services or the use or retain of the services for any other commercial purpose.
6. Exclusive rights for users
6.1 Sistalk respects the lawful rights and interests of others (including intellectual property rights, reputation rights, goodwill rights, etc.), calling on users to respect the lawful rights and interests of others as well.
6.2 Sistalk will delete certain contents or even terminate his/her account according to national laws and regulations, where it is appropriate, based on this agreement or its relevant provisions, if users violate the prohibitive provisions of laws and regulations and infringe the lawful rights and interests of others or the public interest.
7. Minor clauses
7.1 Sistalk provides products and services for adults, and minors are not allowed to use the Monster pub APP or create accounts. Please immediately stop registering and using all services that Monster Pub provides if the users’ age is under 18 years old.
7.2 Our company regards anyone under the age of 18 as the minor, although local laws and customs define minors differently.
7.3 Users should immediately notify the Monster Pub if Monster Pub found that the minors have lied about his/her age and registered for use; Sistalk will try to delete the account and related data as soon as possible if there are minor's account and related information found.
8. Users responsibilities
8.1 Sistalk has the right to review and delete relevant contents at any time without notice if Sistalk finds or receives tip-offs from others or complaints that users violate the agreement, including but not limited to deleting and reviewing the users' information and chat messages. The violations shall be punished based on the seriousness of the circumstances, including but not limited to the warning, account banning, device banning and function banning, and informing the users of the results.
8.2 Users who are banned for violating the users’ agreement can submit complaints to the customer service, and Sistalk will review the complaints and make reasonable judgment on whether to change the punishment measures.
8.3 Users understand and agree that, Sistalk has the right to punish the acts that violate the relevant laws and regulations or the clauses of this agreement according to the reasonable judgment, take appropriate legal acts that any users who break the law, and report the relevant information to the relevant departments according to the laws and regulations, etc. Users should take all the legal responsibilities.
8.4 Users understand and agree that users should compensate to Sistalk, cooperation company and associated company, and protect them from damages, if users violate the clauses of this agreement, which results in any claims, demands or losses for any third party, including reasonable attorney's fees.
9. Intellectual property rights
9.1 Sistalk provides the contents in this service are (including but not limited to, the program code, interface design, layout, frame, data information, account number, web pages, text, images, audio, video, graphics, charts, etc.) of the intellectual property rights owned by Sistalk, but except for that users obtain lawfully intellectual property rights for his/her own publication before using this service.
9.2 Unless other statements, the copyright, patent and other intellectual property rights of the software that should be owned by Sistalk when Sistalk provides the services
9.3 The graphics, words and their components that Sistalk is involved in the service, as well as other Sistalk logo, products and service names (hereinafter referred to as "Sistalk logos"), Sistalk has the right of copyright or trademark. Users should not display, use or dispose of the logo of Sistalk Company in any way without written approval of Sistalk, nor should they indicate to others that they have the right to display, use, or dispose of the Sistalk logos.
9.4 Users upload or release contents on Monster Pubs, and users should guarantee he/she is the copyright owner or has been authorized. The content will not infringe the legitimate rights and interests of any third party, users agree to grant Sistalk for free, irrevocable, unlimited, relicensed or transferred rights to the above contents. Sistalk has the right to use the content by way of display, promotion, and other ways are not forbidden by law.
9.5 Users should take the corresponding legal liability for the damage caused to others (including Sistalk) due such violation, if users violate universal copyright convention, copyright law, trademark law, patent law, anti-unfair competition law and other laws and regulations related to intellectual property rights or the clauses of this agreement.
10. Disclaimer
10.1 Sistalk hereby solemnly declares that, according to the relevant laws and regulations, any text, sound, pictures, graphics, or other information (hereinafter referred to as "content" ) released via the service, the content provider should be liable for whether it is published or not, and if damage is caused to Sistalk or the third party, users should compensate based on the law.
10.2 Users understand and agree that users should be responsible for all actions under his or her registration account, including any content that users transmit and any consequences resulted thereof. Any text, photos, or other information (hereinafter referred to as "content") released via the service, the content provider should be liable for whether it is published or not. Sistalk only provides content storage space for users, and cannot control the content transmitted via this service, therefore the correctness, integrity or quality of the content is not guaranteed. Users should judge "Monster Pub" and the content of the service and take all risks arising from the use of the content. Sistalk will not take responsibility for any losses or damages that users cause. However, Sistalk has the right to stop transmitting any of the foregoing contents and take appropriate actions, including but not limited to stopping the users to use all or part of the services, keeping the relevant records and reporting to the relevant authorities.
10.3 Users understand and confirm that there are misleading, deceptive, threatening, defamatory, offensive or illegal information, or anonymous, or false information infringing upon the others' right, from any other person when using the services, and any actions with the information, resulting in any loss to the users or the third party, the Sistalk will not take any responsible for any losses.
10.4 Users understand and confirm that Sistalk needs to repair or maintain on the "Monster Pub" platform or related devices on the regular or irregular basis. There is such service interruption in reasonable period of time due to such circumstance, Sistalk will not take responsibility for it but prior notice should be given.
10.5 These rights don't constitute the obligations and promises for Sistalk according to laws and regulations and this agreement, the right to deal with the contents of breaking the law or breaking the contract. Sistalk cannot guarantee to find out timely illegal or contract breach or the corresponding handlings.
10.6 Users understand and confirm that Sistalk is not responsible for the quality defects of the following products or services provided to the users and any damages caused:
1)To provide free services to users;
2) Any products or services given to the users.
10.7 Users understand and agree that, Sistalk unilaterally reserves the right to change, suspend, terminate or rescind all or part of the service, or content of the service due to business development requirements.
11. Service change, suspension and termination
11.1 Sistalk may change the service content, or suspend and terminate the services.
11.2 Users agree that Sistalk has the right to change, suspend or terminate some or all services (including charging services) at any time in view of the particularity of network services. However, users should be informed of the changes, suspension or termination, Sistalk should provide the equivalent alternative service to the affected users.
11.3 Sistalk has the right to change, suspend or terminate the free or charging services provided to users without any liability to the users or any third party in case of any of the following circumstances:
1) Users should submit real information according to the laws and regulations, and users provide not authentic personal information, which is inconsistent with the information when it is registration, and users fails to provide reasonable evidence;
2) Users violate relevant laws and regulations or the clauses of this agreement;
3) According to laws or requirements of authorities;
4) For security reasons or other necessary circumstances.
12. Force majeure
12.1 Users understand and confirm that there are some force majeure and risks factors when using the service, which may cause the service to be suspended. Force majeure refers to unforeseeable, insurmountable and unavoidable objective events that will significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plagues and storms, as well as social events such as wars, turmoil and government actions. To cooperate with relevant units at the first time and repair it timely in case of the above situations, Sistalk and partners will be exempted from the responsibility within the legal limits if the losses caused to users or the third parties due to above mentioned.
12.2 As most of the Internet service, the service is affected including but not limited to user reasons, the network service quality differences, social environment and other different factors, a variety of security issues will affect it. Users should strengthen the information security and the consciousness users information protection, paying attention to protect the password from losses and harassment.
12.3 Users understand and confirm that there are risks for this service due to force majeure, computer virus or hacker attacks, unstable system, the location of the users, the shutdown of users as well as any other technology, the Internet, telecommunication line and other reasons that cause the service suspension, which can't meet the requirements of users, thus leading to the users or the third party for any loss, Sistalk will not take any responsibility.
13. General clauses
13.1 The Users Specifications for Monster Pub APP and Community Specifications for Monster Pub APP published by Sistalk Monster Pub are all valid parts of this agreement. This agreement and the rules related to Monster Pub service jointly regulate the actions that use's use the service. Please observe the additional terms and conditions applicable when using the relevant services, contents or software the third party provide.
13.2 The validity, interpretation and dispute settlement of this agreement should be applicable to local laws and regulations. First, it should be settled with friendly consultation if there are any disputes arising between the users and the Sistalk. It can be brought to the location jurisdiction people's court where the real operator of Sistalk are in, settling with legal action when negotiation fails.
13.3 Any clauses of this agreement are invalid or without performability for any reason, and the remaining clauses should remain valid and binding upon both parties.
13.4 Sistalk fails to exercise or execute any right or regulations, which should not constitute the waiver of the foregoing right or right.
13.5 Sistalk has the right of final interpretation for this agreement
Sistalk knows personal information is of great importance for users, who will protect users' information security as possible as they can. Sistalk promises to take corresponding security measures to protect users' personal information according to the industry mature safety standards.
This privacy agreement applies to all relevant services of Sistalk. Please be sure to read carefully before using, understanding thoroughly, and making appropriate choice. It is that you totally understand and agree the privacy policy once you start to use the services. Please note that this privacy policy only applies to the information that the company collect, and it is not applicable to the information that the third party collect services , which is accessed through the company services.
1. How to protect users' personal information
1.1 Sistalk has used safety protection measures that conform to industry standards to protect personal information that users provide from being unauthorized access, public disclosure, use, modification, damage or loss. The specific measures are as followings: taking all reasonable and feasible measures to protect users' personal information; using encryption technology to ensure data confidentiality; using trusted protection mechanisms to protect data from malicious attacks; deploying access control mechanisms to ensure that only authorized personnel can access to personal information; conducting security and privacy protection training courses to enhance employees' awareness of protecting personal information.
1.2 The company will take all reasonably practicable measures to ensure not to collect irrelevant personal information, and the users' personal information will only be retained within the period specified for the purpose of policy achieved.
1.3 The Internet environment is not absolutely safety, and the company will make efforts to ensure or guarantee the security of any users' information. The company will take responsibility accordingly if the information is unauthorized to be accessed, publicly disclosed, juggled, or destroyed due to physical, technical, or management protective facilities damages, which results in damage to the legitimate rights and interests of users. Meanwhile, the company will take remedial measures timely and inform users. The users should immediately contact Sistalk if the users find the mentioned situations.
2. How to collect users' personal information
To provide better service, Sistalk may collect and use the necessary personal information (phone number, and automatic extraction mobile device identification number), you may be unable to or can't become the Monster Pubs users to enjoy some certain services, or can't reach the achieved effects of related services. The situations collected include:
2.1 The information that users provide includes but is not limited to: the information provided when registering the account. For example: phone number, e-mail, legal and regulatory information to fill in. To contact users when it is necessary or provide with better users’ experience.
2.2 The information provided in the process. For example: address information and payment method provided when buying some articles that need to be mailed.
2.3 The information that users obtain when using the services, including but not limited to: geographical location information when using the service related to geographical location. Browser, mobile device information, IP address, etc. when using browser or mobile application.
2.4 The information generated when using services. Such as visiting page URL, search terms, published content or images, etc.
2.5 Collecting non-personal privacy information of users or providing for the third parties to provide better service experience.
2.6 The above information that users provide should be authorized continuously for the company when using the services. The company will stop using and delete the above information when cancelling the account.
3. How to use users' personal information
3.1 The company will use the users’ personal information for the following purposes as required according to laws and regulations or as agreed in the relevant service terms and software licensing agreements:
1) To provide users with various services, maintain and improve these services.
2) To recommend content that the users may be interested in, including but not limited to sending product and service information to users or displaying personalized information to the users.
3) The company may combine the personal information and transaction information from certain service with the information obtained from other services to conduct comprehensive statistics, analysis or processing to provide more personalized services for users.
4) Other purposes that users agree.
3.2 Using users' personal information without approval in the following situations:
1) Directly related to national security and national defense security.
2) Directly related to public safety, public hygiene and major public interests.
3) Directly related to criminal investigation, prosecution, trial and judgment execution.
4) It is difficult to get approval for safeguarding the major legitimate rights and interests of the personal information subject or other individuals' life and property.
5) It is public for users themselves to disclose the personal information collected.
6) Users' personal information collected from legally disclosed information, such as lawful news reports, government information disclosure and others.
7) It is necessary to sign and perform the contract according to the requirements of users.
8) It is necessary for the product safe and stable operation or service provided, for example, to find and dispose the faults of the products or services.
9) To de-identify the personal information contained in the results when it is necessary to carry out statistics or academic research for the public interest and when providing the results of academic research or description to the public.
10) Other circumstances provided by laws and regulations.
4. How to share, transfer and expose users' personal information
4.1 It is the basic principle for Sistalk to respect users' personal privacy. Except for the follow situations, the company will not share users' personal information with any company, organization or individuals:
1) To obtain explicit approval.
2) Based on laws and regulations, or the mandatory requirements of competent government departments.
3) To share with associated companies, but only share necessary personal information and are under constraint with the stated purposes in the privacy policy. If associated companies want to change the purpose of handling personal information, they will ask the users’ authorization permission again.
4) To share with authorized partners: only to provide necessary personal information of services for the purpose of being legal, legitimate, necessary, specific and clear, and the partner has no right to use the shared personal information for any other purposes.
5) To sign strict confidentiality agreements with companies, organizations and individuals that Sistalk shares personal information, and require them to handle personal information according to the instructions, the privacy policy and any other relevant confidentiality and security measures.
4.2 Sistalk will not transfer users' personal information to any companies, organizations and individuals, except for the following situations:
1) To transfer upon obtaining explicit approval.
2) When involving in merger, acquisition or bankruptcy liquidation, it is required that the new holding companies, organizations should be under constraint with the privacy policy if personal information transfer is involved, otherwise the companies and organizations will be required to ask for the users’ authorized approval again.
4.3 Sistalk would publicly disclose relevant personal information only in the following circumstances:
1) To obtain the users’ confirmed approval.
2) Based on laws, legal procedures, lawsuits or mandatory requirements of governmental authorities.
5. Users’ rights
5.1 Users have the right to request access, correction, deletion of their data, changing the scope of authorization agreement, cancelling and deleting accounts according to the applicable law.
5.2 Using users’ information is based on the users’ approval, and users has the right to withdraw the approval at any time but not affecting the validity of data handling based on approval before withdrawal.
5.3 If users find that the information has been changed or inaccurate, users can inform Sistalk of these changes so that the records can be updated or corrected.
5.4 Sistalk will update or delete account information as quickly as possible (except for information that must be retained for reasons such as laws and regulations)
5.5 Users need to provide written requests or other ways to prove their identity to ensure security, and Sistalk will reply within 15 days. It is of free in principle for users' reasonable requests, but for repeated requests that is out of the reasonable limit, which will charge certain cost according to the situations. Requests that are unnecessarily duplicative, requiring too much technical assistance, causing risks to the legitimate interests of others, or requests are unrealistic, which will be rejected.
5.6 Users can complain with regulators if they think Sistalk violates applicable law for some personal information.
6. How to contact us
If users have any questions, comments or suggestions for the privacy policy, please contact us with customer service.