General Terms and Conditions of Use and Business for Luka APP
We are pleased to welcome you as a new customer of the Luka App and its related services.
1. General and scope of application
These General Terms and Conditions apply to the use of the Luka App provided by us and to all downloads or uploads, in-app purchases or other contracts concluded between you and us, Beijing Ling Technology Co., Ltd., address, represented by the management (hereinafter referred to as "Ling Technology"), via the Luka App, and to all downloads or uploads, in-app purchases or other contracts concluded via the Luka App, also in relation to the downloading or installation of the Luka App, as well as to the registration and registration in the Luka App, including the use of the Luka App and access to Luka App services. This agreement is binding on both parties. By downloading and installing our Luka App, you (hereinafter also referred to as the "User") accept these General Terms and Conditions of Use. Please read the content of these general terms and conditions carefully and completely.
2. Accessibility of the Luka App
Due to the special nature of the Internet, Ling Technology cannot guarantee that services will not be interrupted. Ling Technology also does not guarantee that the services are up-to-date or secure. However, Ling Technology strives to provide you with secure access and use of the Luka App. Ling Technology does not warrant that the Luka App servers are free of viruses or other potentially harmful factors. Therefore, users should use current and industry recognized software to scan and remove viruses.
3. Registration and account
The user may only log in and register one account. The user undertakes to use the account exclusively for personal purposes and not to allow third parties to use it without the consent of Ling Technology. An exception applies to other users registered by the user with their consent in the family circle. The user further undertakes to use the account registered to him exclusively for the purpose of fulfilling the contract with Ling Technology.
There is no claim to registration or - before registration - use of our Luka App. As a user, you are obliged to enter your data completely and correctly when registering and to keep it up to date. If these obligations are not met, we are entitled to block the user temporarily or permanently. You must keep your password secret and carefully secure your access to Luka App account. The user is also obliged to inform us immediately if there is any indication that his Luka App account has been misused by third parties.
4. Usage and License
Subject to your compliance with these Terms and Conditions and payment of any applicable costs or fees, Ling Technology or its Content Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the downloaded Content by you and any other family members. This license does not include resale or commercial use of the Content, collection and use of product information, descriptions or prices, derivative use of Content provided through the Luka App, or use of data mining, robots, or similar data collection and extraction programs.
All rights not expressly granted to you under these Terms and Conditions or any other applicable terms and conditions are reserved by Ling Technology or its licensors, suppliers, publishers, right holders or other content providers. The Content may not be reproduced, duplicated, copied, sold, resold, or otherwise used for commercial purposes, in whole or in part, without the express written consent of Ling Technology.
You may not use frames or framing techniques to enclose any trademark, logo, or other proprietary information (such as images, text, page layout) of Ling Technology without the express written consent of Ling Technology. You may not use any meta tags or any other "hidden text" using the Ling Technology name or trademarks without the express written consent of Ling Technology. Your statutory rights remain unaffected.
You may use the Luka App and the Content downloaded for you only to the extent permitted by these Terms and Conditions or the law. Any violation of these Terms and Conditions or any other applicable terms and conditions, or any misuse of the Luka App, will void the permission or license granted in this Section.
Ling Technology shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence. Furthermore, Ling Technology is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you regularly rely. In this case, however, Ling Technology shall only be liable for the foreseeable damage typical of the contract. Ling Technology shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect after assumption of a guarantee for the quality of the product and in the event of maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as the liability of Ling Technology is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
6. Granting of rights and obligations for information and content by the user
As a user, you are obliged to provide truthful information only or to upload or post content. The information or content must be factual and demonstrably true and generally not violate morality, public order or applicable laws, in particular trademark and copyright laws or other industrial property rights as well as personal rights. Only data or content may be uploaded or uploaded to which the uploading user holds the rights or whose publication the holder of the rights has agreed. Any improper use of the possibility of uploading, making publicly accessible, disseminating, reproducing or publishing data or content via the Luka App is prohibited. The users have no claim to publication of the data or content. Data or contents that are not true, unobjectively or otherwise violate the rights of third parties or applicable laws may be corrected or removed by Ling Technology at any time without prior notice after verification.
By submitting or uploading information, content and ratings, the user grants the operator of the Luka App, Ling Technology, the simple, free, revocable, as well as spatially and temporally unrestricted right of use (including the processing right, if the processing and redesign while preserving the intellectual nature of the work and the translation right) to the submitted or uploaded information or content, including any given rating. The user waives the right to be named as author. The content and scope of these rights of use are limited to what is necessary for the operation and performance of the Luka App.
Ling Technology expressly dissociates itself from any information or content uploaded by users via the Luka App and assumes no responsibility for this. If there are justified objections to information or content provided by users, these can be communicated to Ling Technology (e-mail: email@example.com). Ling Technology will then immediately check the objected information or content and, if necessary, remove it or request adaptation from the user.
7. Limitation of liability Indemnification for illegal content
Ling Technology does not warrant or assume any responsibility for the legitimacy, justification, accuracy or integrity of any information or content you upload through the Luka App. In this case, you will be solely responsible for the resulting legal obligations. The user exempts Ling Technology from any justified claims that other users or other third parties may assert against Ling Technology due to the placement or uploading of data and content via the Luka App and other content or due to any other use of the Luka App. The user assumes the costs of the necessary legal defense (in particular court and attorney fees) in the statutory amount incurred by Ling Technology. This does not apply if the user is not responsible for the infringement.
8. Intellectual property and protective rights
Ling Technology is the owner of all rights to the Luka App, the underlying Luka software and the data contained in the software. The same applies to the design and layout of the Luka App and the Luka reader robot and all construction drawings and other drawings, product and service descriptions in this context. These brands, designs or other works belonging to Ling Technology may not be used for other purposes, reproduced, distributed, publicly accessible or otherwise exploited without the consent of Ling Technology.
9. Data protection
Ling Technology attaches great importance to the protection of users' personal data. The Luka Reader Robot and the Luka App take reasonable steps to protect the personal information of users.
If you are a minor and under 18 years of age, you should obtain the consent of your parents or guardians before using the Ling Technology and Luka App services.
Your personal information will not be shared or disclosed except as permitted by law, regulation, or authorization, including your consent. The Luka App uses professional encryption and transmission techniques for relevant information to ensure the security of users' personal information, and security technologies and procedures to prevent unauthorized access, use or disclosure.
10. Contract amendment and termination
Ling Technology is entitled to change the Luka App temporarily or permanently at any time and without prior notice for any reason whatsoever or to terminate the underlying contractual relationship in whole or in part. Ling Technology is not liable to users or third parties for the termination of the Luka Picture Storybook reading robot and the terminal.
Ling Technology is entitled to terminate the user account and password temporarily or permanently in order to use the services of this website, or to delete the user's content stored and published on this website at any time and without giving reasons without prior notice and without giving reasons, to transfer liability to users or third parties.
Ling Technology is entitled to change these general terms and conditions of use at any time. We will inform you of any changes. If you do not agree with the change, stop using the Luka App from the effective date of the change. Your continued use of the Luka App after the effective date of the change constitutes your acceptance of the changed terms.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
1. Scope of application
(a) the personal registration information you provide in accordance with the requirements of this application when you register for this application account;
(b) The information on your browser and computer that the application automatically receives and records when you use the App Network Service or access the App Platform webpage, including but not limited to your IP address, browser type, Data such as language used, date and time of access, hardware and software feature information, and web page records you need;
(c) This user's personal data obtained from a business partner through legal means.
(a) the keyword information you entered when using the search service provided by the app;
(b) Relevant information collected by you in this application, including but not limited to participation activities, transaction information and evaluation details;
(c) Violation of the law or violation of this application and the actions that this application has taken against you.
2. Information use
(a) This application does not provide, sell, rent, share or trade your personal information to any unrelated third party, unless we have obtained your permission in advance, or the third party and the application (including the application affiliate) are separate or common. To provide you with services, and after the service is over, it will be banned from accessing all of this material that it has previously been able to access.
(b) This application also does not permit any third party to collect, edit, sell or distribute your personal information by any means. Any user of this application platform who engages in the above activities, once found, the application has the right to immediately terminate the service agreement with the user.
(c) For the purpose of serving the User, this application may use the information you use to provide you with information of interest to you, including but not limited to, to send you product and service information, or to share information with the Application Partner so that they may Send information about its products and services (the latter requires your prior consent).
3. Information disclosure
In the following circumstances, this application will disclose your personal information in whole or in part according to your personal wishes or the law:
(a) disclose to third parties with your prior consent;
(b) To provide the products and services you request, you must share your personal information with third parties;
(c) Disclosure to third parties or administrative or judicial authorities in accordance with the relevant provisions of the law, or at the request of the administrative or judicial authorities;
(d) If you have violated relevant Chinese laws, regulations or this application service agreement or related rules, you need to disclose it to third parties;
(e) If you are a qualified IP Complainant and have filed a complaint, it should be disclosed to the Respondent at the request of the Complainant so that both parties can handle possible rights disputes;
(f) In a transaction created on this application platform, if any party to the transaction performs or partially fulfills the transaction obligation and requests for information disclosure, the application has the right to decide to provide the user with the contact information of the counterparty, etc. Information to facilitate the completion of a transaction or the resolution of a dispute.
(g) Other disclosures that this application considers appropriate in accordance with laws, regulations or website policies.
4. Information storage and exchange
The information and materials collected by you in this application will be stored on the application and/or the servers of its affiliates, which may be transmitted to your country, region or the location where the application collects information and materials. It is accessed, stored and displayed outside the country.
(b) You have the right to accept or reject the acceptance of cookies. You can refuse to accept cookies by modifying your browser settings. However, if you choose to refuse to accept cookies, you may not be able to log in or use this application web service or feature that relies on cookies.
(c) This information applies to information obtained through the cookies provided in this application.
6. Information security
(a) This application account has security protection. Please keep your username and password information safe. This application will ensure that your information is not lost, not abused or altered, by security measures such as encrypting user passwords. Despite the aforementioned security measures, please also note that there are no “perfect security measures” on the information network.
(b) When using this application web service for online transactions, you will inevitably have to deal with the counterparty or potential transaction pair
(b) The company reserves the right to modify this policy at any time, so please check it frequently. In the event of a material change to this policy, the Company will notify you by notice on the website.
Please protect your personal information and provide it to others only when necessary. If you find that your personal information is leaked, especially if the application username and password are leaked, please contact this application customer service immediately so that the application can take corresponding measures.