NeuHub User Agreement
（For Pilot Test Use only）
Welcomes you (“You”) to our 【NeuHub SAAS Platform】 (“NeuHub”)!
By registering as a user and/or accessing the NeuHub APIs 【and/or NeuHub SDKs】 as listed in the website http://jddoversea-neuhub.jd.com/ , You are confirming that You have read, understood and accepted this User Agreement (“User Agreement”), and this User Agreement constitute a binding agreement between You and us. This User Agreement apply to Your access to our websites and use of the NeuHub Products on whatever device and by any means in any jurisdiction, including but not limited to the People’s Republic of China (the “PRC”) and/or the jurisdiction as set forth in the【Special Agreement】.
We reserve the right to revoke Your access and use without notice if any of Your act breaches this User Agreement and/or any 【Special Agreement】.
The NeuHub Products allow You to incorporate their relevant functions into Your device, mobile application, web-enabled application, website or service. This User Agreement are written to allow You to understand what You can and what You can't do when using NeuHub Products.
- It is Your responsibility to make sure that the content that goes through NeuHub Products is legal, and that You or Your Users (“Your Users”, means individuals and/or enterprises using your devices and/or services) have the proper authority to use it.
- We require You to use industry standard security measures and make sure that You don't have any malware being installed on Your Users' computers.
- We also want You to make sure that Your Users are notified when being tagged or identified in photos, and that You receive their consent before using their photos.
A. Grant of License
You are granted the authorization to use the NeuHub Products on a worldwide (except as limited below), non-exclusive, personal, non-transferable, limited basis according to the terms and conditions set forth herein.
APIs: Subject to the terms set forth herein, You may use NeuHub APIs and any updates provided by us or our affiliates.
SDKs: Subject to the terms set forth herein, you may use NeuHub SDKs and any updates provided by us or our affiliates, if applicable.
Fees: The NeuHub Products include Free Services and Paid Services, you may find out our price plan at: 【http://jddoversea-neuhub.jd.com/ 】. Please note that any fees or purchases for any products or services on NeuHub platform, including but not limited to Web API service and Mobile SDK service, shall pursuant to the terms as set forth in the 【Special Agreement】.
Our Intellectual Property: The NeuHub Products (including any future updates, upgrades and new versions) are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights. We or our affiliates own all rights, title, and interest in and to the NeuHub Products. NeuHub’s rights apply to the NeuHub Products and all output and executables of the NeuHub Products, excluding any software components developed by You which do not themselves incorporate the NeuHub Products or any output or executables of the NeuHub Products. Except as expressly provided in this User Agreement, You have no right to use our intellectual property rights, and You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this User Agreement. This User Agreement grant You no right, title, or interest in any intellectual property owned or licensed by us or our affiliates, including (but not limited to) the NeuHub Products and NeuHub trademarks. You may not copy, modify, reverse compile, reverse engineer or extract source codes from our NeuHub Products, except to the extent that we may not prohibit You from doing so under applicable laws or regulations or You have our prior written consent to do so.
We May use Your Information: You hereby grant to us and/or our affiliates, as referred in the Special Agreement, all rights to use and incorporate any contents You provide to us through NeuHub, apart from legal negotiations, confidential material or user login details, in the API Documents, or any other NeuHub product or service for improving the NeuHub APIs or any application that we have now or may develop in the future without compensation to You and without further recourse by You.
Please be assured that, in respect of any word，photo or video that may have uploaded by You on NeuHub or through the NeuHub APIs, we will collect and save the original word, photo or video securely for our research purpose, not share with third party.
Your Submissions must be non-offensive, legal and virus free: You hereby warrant that (i) any submission made by You to NeuHub comply with the applicable law in the applicable jurisdiction; (ii) You have the full authorization to post all the materials posted to NeuHub or product Documents, including software and documents and that all posts do not violate any right of any third party, including intellectual property rights; (iii) all software code posted must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free; and (iv) any data provided to NeuHub must not contain harmful scripts or code.
Termination: You may terminate the license at any time by discontinuing use of all or any of the NeuHub Products. We may terminate Your License or Your use of and access to the NeuHub Products at any time and for any reason without notice.
B. Products Compliance
If Your product or service uses or is based upon the NeuHub Products, then You shall comply with all of the following:
- Transparency to Users and Notification: If Your application or service makes any personal information available to any user apart from the user which provided the photos, videos or data used by the NeuHub Products, You must inform the users located in the photos and/or videos, that they were tagged by your service or application, and provide them with the ability to remove the tags, correct them or block the application or service. Moreover, when dealing with personally identifiable information, You may not retain, store or convey to third party, and must immediately remove from any application or service, and any data repository in Your possession or control, any third party user data obtained through the NeuHub Products not explicitly identified as being storable indefinitely in the product Documents or by the third Party.
- Use of Industry Standard Security Mechanisms: Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry standards, as required to securely operate your application or service.
C. Adherence to Best Practices
- Illegal Use: You shall not use the NeuHub Products in any manner or for any purpose that violates any law or regulation applicable to You and us, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this User Agreement.
- Non-Offensive Use: You shall not use the NeuHub Products in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to located embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance.
- Non-Critical Use: You may not use the NeuHub Products to operate mission critical application where human life or property may be at stake. You understand that the NeuHub Products are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which NeuHub is not responsible;
- Rate Limiting: You shall use the NeuHub APIs in a reasonable manner that complies with reasonable request volume, and shall not create any excessive or abusive usage, or otherwise fail to comply or is inconsistent with any part of the API Documents relating to rate limiting.
- Non-Competition: You shall not use the NeuHub Products in a product or service that competes with Products or Services offered by us or our affiliates worldwide.
D. Third Party Terms
If Your use of NeuHub Products involves any third party API/SDK, or otherwise read or write information from or to any third party user accounts through NeuHub Products, the following third party terms shall apply:
- Adherence to third Party Terms: You hereby agree to adhere to the terms set by any third party which You use the NeuHub APIs to call, and shall not circumvent, or otherwise manipulate, any protection of Your, NeuHub's or the third Party's users.
- Obtaining Complete Consent: You shall be solely responsible for securing clear, express consent from the user, granting You permission to access such third party account using his credentials, including if applicable, retrieving user-specific information, user’s friends account information, or writing information to such users’ accounts. You will strictly comply with the scope of express consent they granted You when accessing such user’s account.
We may modify or update the NeuHub Products from time to time without further notice to you.
We may also change and update this User Agreement from time to time and will publish any changes on our website. It is your responsibility to check for any updates. If you are unable to comply with any amended version of this User Agreement, you should stop using NeuHub and the NeuHub Products immediately.
F. Warranty and Disclaimer
We warrant to You that we will operate NeuHub and provide our NeuHub Products using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, NEUHUB AND THE NEUHUB PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROMISE THAT NEUHUB AND THE NEUHUBP RODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE ABOVE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED THROUGH NEUHUB OR THE NEUHUB PRODUCTS IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF NEUHUB OR THE NEUHUBPRODUCTS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR ACCESS AND USE. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH NEUHUB AND THE NEUHUBPRODUCTS IS TO STOP USING. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
G. Limitation of Liability
Except where prohibited by law, in no event will we be liable to You for any indirect, consequential, incidental or punitive damages, including lost profits or loss of business value. If, notwithstanding the other provisions of this User Agreement, we are found to be liable to You for any damage or loss which arises out of or is in any way connected with Your access to our websites and use of the NeuHub Products, to the extent permitted by applicable laws and regulations, our liability to You shall in no event exceed the fee paid by You to us (if any) with respect to any service rendered by us.
You agree to indemnify and hold us and our affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against us or any of our affiliates by any third party due to or arising out of or in connection with Your use of NeuHub and the NeuHub APIs.
If You apply the service of NeuHub in any of Your software, application, website, and research, You should cite 【http://jddoversea-neuhub.jd.com/】 explicitly and properly.
J. Governing Law and Dispute Resolution
This User Agreement will be governed by and construed in accordance with the PRC laws. Any dispute arising from or in connection with this User Agreement will be referred to the exclusive jurisdiction of China International Economic and Trade Arbitration Commission (CIETAC) for binding and final arbitration administered in accordance with the CIETAC arbitration rules in effect at the time of submission in Beijing. The arbitral award will be final and binding.
Updated on May 28, 2019