LEGAL
Lock the Talk User Agreement
Release Date
Thank You for Using Lock the Talk
Acceptance of Terms
- The Lock the Talk mobile application (hereinafter referred to as "Lock the Talk") provides services to you in accordance with the following service terms. These terms may be updated by Lock the Talk at any time without prior notice. In the event of any changes to the Lock the Talk User Agreement (hereinafter referred to as the "User Agreement"), Lock the Talk will publish the revised content within the application. Once published, the revised User Agreement shall immediately replace and supersede the original version. In addition, when you use special services of Lock the Talk, you and Lock the Talk shall comply with the guidelines and rules related to such services published by Lock the Talk from time to time. All the aforementioned guidelines and rules constitute an integral part of this User Agreement.
- You shall carefully read this User Agreement before using any services provided by Lock the Talk. If you do not agree with this User Agreement and/or any revisions made to it from time to time, you shall immediately cease using all services provided through the Lock the Talk application. Your use of any Lock the Talk services shall be deemed that you have read and fully agreed to all contents of this User Agreement, including any revisions made by Lock the Talk to the User Agreement at any time, and that you have become a user of Lock the Talk (hereinafter referred to as the "User").
Service Description
- Lock the Talk currently provides the following services to Users:
- Phone locking; check-in upon completion of the locking period;
- Mandatory Penalty Unlock (the default penalty amount is RMB 5. After the first phone lock, you will be prompted to reset the amount, with a minimum value of RMB 5. The locking duration is set by the User independently. The penalty mechanism is designed primarily to enhance the User's self-discipline, and therefore no refund will be issued after payment);
- Mandatory Password Unlock, Temporary Exemption Unlock, and Respawn Point Unlock;
- Lock the Talk Lifetime Membership: refers to the VIP membership rights and services that you can enjoy for life during the operation period of Lock the Talk (hereinafter referred to as "this Service"). You fully understand and agree that Lock the Talk reserves the right to change, adjust, cancel, or add all or part of the content of Lock the Talk VIP membership rights and featured membership services in accordance with changes in laws, regulations and policies, requirements from copyright holders, and operational needs. For the aforementioned adjustments to rights and interests, Lock the Talk will publish the updates on the "Purchase VIP" page, the corresponding service page, or through other reasonable means, and the updates shall take effect upon publication. After publication, your authorized login, any purchase, gifting, acceptance of gifts, transactions related to Lock the Talk VIP membership services, or use of Lock the Talk VIP services through functions such as phone locking, shall be deemed that you have carefully read and accepted the updated "VIP Privileges" of Lock the Talk. If you do not agree with the updated terms, you shall cease using this Service.
Unless otherwise explicitly stipulated in this User Agreement, any new functions added to or enhanced for the current Service, including any new products launched, shall be governed by this User Agreement. You understand and agree that this Service is provided only on an "as is" basis. Lock the Talk shall not be liable for any issues including, but not limited to, the timeliness, deletion, transmission error, failure to store, or any other problems related to any User information or personalized settings. Lock the Talk reserves the right to suspend any part of this Service for maintenance, upgrade, or other purposes without prior notice.
Compliance with Laws
- You agree to comply with all provisions of the relevant laws and regulations of the People's Republic of China, and shall bear full responsibility for any act and its consequences arising from the use of this Service with your password and account in any manner. If your actions violate any provisions of national laws and regulations and may constitute a criminal offense, you will be subject to criminal liability and shall bear all legal responsibilities.
- Meanwhile, if Lock the Talk has reasonable grounds to believe that any of your actions, including but not limited to any of your statements and other conducts, violate or may violate any provisions of national laws and regulations, Lock the Talk may terminate the services provided to you at any time without prior notice.
Your Registration Obligations
- To use this Service, you agree to the following: you shall log in with your Google or WeChat account (depending on the channel from which you downloaded the Service) as prompted by the registration process of this Service, and ensure the validity and legality of the updated nickname, avatar and other information at all times. If you provide any information that is illegal, unethical, or deemed by Lock the Talk as inappropriate for display on Lock the Talk; or if Lock the Talk has reasonable grounds to suspect that your information is the result of automated or malicious operations, Lock the Talk reserves the right to suspend or terminate your account, and refuse your use of all or any part of this Service now and in the future.
- Lock the Talk shall not be liable for any registration information of any User, including but not limited to the responsibility for identifying and verifying the authenticity, correctness, completeness, applicability and/or whether the registration information is up-to-date.
User Account, Password and Security
- After completing the registration process for this Service and successfully registering, you may log in to your Lock the Talk account (hereinafter referred to as the "Account") using your Google or WeChat account, depending on the download source. It is your responsibility to protect the security of your Account.
- You shall be fully responsible for all activities conducted under your password and Account. You agree that:
- You will immediately notify Lock the Talk in the event of any unauthorized use of your Lock the Talk Account or any other security breach;
- Lock the Talk shall not and cannot be held liable for any loss or damage arising from your failure to properly safeguard your Account and password;
- Each User shall be fully responsible for all acts and events under their Account. You shall bear full liability for any damage caused to you, Lock the Talk or a third party due to your failure to properly safeguard your Account and password.
Lock the Talk Privacy Policy
- The registration information you provide and other relevant information about you retained by Lock the Talk shall be governed by the relevant privacy laws of China and the company's Privacy Policy.
Provider's Liability
- In accordance with relevant laws and regulations, Lock the Talk hereby solemnly reminds you that any text, information, materials, music, photos, graphics, videos, messages or other materials (hereinafter referred to as the "Content") published or uploaded through this Service, whether transmitted publicly or privately, shall be the sole responsibility of the Content provider.
- Lock the Talk only provides Content storage space for Users and has no control over the Content transmitted through this Service, and therefore does not guarantee the correctness, integrity or quality of the Content.
- Under no circumstances shall Lock the Talk be liable for any Content, but Lock the Talk reserves the right to legally stop the transmission of any aforementioned Content and take corresponding actions, including but not limited to suspending the User's use of all or part of this Service, retaining relevant records, and reporting to the relevant authorities.
User Conduct
- The User agrees not to use this Service for any illegal or improper activities, including but not limited to the following acts:
- Publishing or otherwise transmitting information containing any of the following content:
- Content that opposes the basic principles established by the Constitution of the People's Republic of China;
- Content that endangers national security, leaks state secrets, subverts state power, or undermines national unity;
- Content that harms the national honor and interests of the country;
- Content that incites ethnic hatred, ethnic discrimination, or undermines ethnic solidarity;
- Content that undermines the national religious policy, or promotes cults and feudal superstitions;
- Content that spreads rumors, disturbs social order, or undermines social stability;
- Content that spreads obscenity, pornography, gambling, violence, homicide, terror, or incites the commission of crimes;
- Content that insults or defames others, or infringes upon the legitimate rights and interests of others;
- Content that contains false, fraudulent, harmful, coercive, privacy-infringing, harassing, abusive, slanderous, vulgar, obscene, or other morally objectionable content;
- Content that is otherwise restricted or prohibited by the laws, regulations, rules, ordinances of China and any other legally binding norms;
- Content that Lock the Talk deems inappropriate for display on Lock the Talk;
- Harming the legitimate rights and interests of others in any way;
- Impersonating any other person or entity, or making false or misleading statements or falsely claiming an association with any person or entity;
- Publishing, emailing or otherwise transmitting any content that you know but have no right to transmit under any law, contractual or fiduciary relationship (e.g., inside information, proprietary and confidential information known or disclosed due to an employment relationship or under a non-disclosure agreement);
- Publishing or otherwise transmitting any content that infringes upon the copyright, patent, trademark, trade secret, or other exclusive rights (hereinafter referred to as the "Exclusive Rights") of others;
- Publishing, sending or otherwise transmitting any advertising materials, promotional materials, "junk mail", "spam", "chain letters", "direct marketing" or any other form of solicitation materials;
- Publishing, sending or otherwise transmitting any computer viruses (including but not limited to trojan horses, worms, time bombs, cancelbots, hereinafter referred to as "Viruses") or any other computer code, files and programs designed to interfere with, disrupt or limit the functionality of any computer software, hardware or telecommunications equipment;
- Interfering with or disrupting this Service, the servers and networks connected to this Service, or violating any regulations, procedures, policies or norms of the networks connected to this Service;
- Tracking, doxxing or otherwise harassing others;
- Intentionally or unintentionally violating any applicable local, national laws and any legally binding rules;
- Intercepting, tampering with, collecting, storing or deleting others' personal information, in-site messages or other data materials without legal authorization, or using such obtained materials for any illegal or improper purposes.
- Publishing or otherwise transmitting information containing any of the following content:
- You acknowledge that Lock the Talk does not exercise comprehensive control over the User's conduct. You agree that you shall make your own judgment and bear all risks when using any Content, including when relying on the correctness, integrity or practicability of the aforementioned Content, without reliance on Lock the Talk. However, Lock the Talk reserves the right, at its sole discretion, to refuse and remove any Content provided through this Service that violates these terms or is otherwise objectionable to Lock the Talk.
- You understand and agree that Lock the Talk may retain or disclose the Content when it deems such retention or disclosure is necessary in accordance with the requirements of laws and regulations, or in good faith for the following purposes or within a reasonable and necessary scope:
- To comply with legal procedures;
- To enforce this User Agreement;
- To respond to any claims of rights infringement made by a third party;
- To protect the rights, property or personal safety of Lock the Talk, its Users and the public;
- Other circumstances deemed necessary by Lock the Talk.
Special Warning for International Use
- You acknowledge the borderless nature of the Internet and agree to comply with all local laws and regulations regarding online conduct and content. You specifically agree to comply with all applicable laws and regulations governing the transmission of information exported from China or the country or region where you are located.
Public Information Posted on Lock the Talk
- For the purposes of this User Agreement, "Public Use Area of the Service" refers to the area accessible to the general public;
- For the Content uploaded or published by the User on Lock the Talk, the User warrants that they are the copyright owner or have obtained legal authorization for such Content, and that the Content does not infringe upon the legitimate rights and interests of any third party. The User agrees to grant Lock the Talk a worldwide, free, irrevocable, perpetual, sublicensable or transferable exclusive license to use all the aforementioned Content. Under this license, Lock the Talk shall have the right to display, promote and otherwise use the aforementioned Content in a manner not prohibited by the laws of China.
Indemnification
- You agree to indemnify and hold harmless Lock the Talk, its subsidiaries, affiliated companies, officers, agents, brand co-owners, other partners and employees from and against any claims or demands made by any third party, including reasonable attorney's fees, arising out of or resulting from the Content you provide, publish or transmit through this Service, your connection to this Service, your violation of this User Agreement, or your infringement of any rights of others, and you shall bear all legal liabilities arising therefrom.
General Measures Regarding Use and Storage
- You agree not to reproduce, copy, sell, resell or use for any other commercial purposes any part of this Service or the use or access to this Service.
- You acknowledge that Lock the Talk has the right to formulate general measures and limits on the use of this Service, including but not limited to the maximum retention period of the published or other posted content through this Service, and the upper limit on the number of times you use this Service within a certain period (and the upper limit on the duration of each use). You agree that Lock the Talk shall not be liable for the deletion or failure to store any information, communication materials and other content published or transmitted through this Service. You also agree that Lock the Talk has the right to change these general measures and limits at any time, with or without notice, at its sole discretion.
Modification of Services
- Lock the Talk reserves the right to modify or suspend this Service (or any part thereof) temporarily or permanently at any time, with or without notice. You agree that Lock the Talk shall not be liable to you or any third party for any modification, suspension or termination of this Service.
Termination of Service
- You agree that Lock the Talk may, at its sole discretion and for any reason, including but not limited to prolonged inactivity, or if Lock the Talk believes that you have violated the letter and spirit of this User Agreement, terminate your Account or your use of this Service (or any part of the Service), and remove and delete any content within this Service. You agree that the Service provided under any provision of this User Agreement may be interrupted or terminated without prior notice. You acknowledge and agree that Lock the Talk may immediately close or delete your Account and all related information and files in your Account, and/or prohibit further access to the aforementioned files or this Service. In addition, you agree that Lock the Talk shall not be liable to you or any third party for any interruption or termination of the use of this Service, or the closure or deletion of your Account and related information and files.
Transactions with Advertisers and Other Third Parties
- Any form of communication or commercial transaction between you and advertisers or other third parties through this application, or participation in promotional activities, including payment and delivery of related goods or services, and any other related terms, conditions, warranties or representations entered into, are solely between you and the advertisers or other third parties. Lock the Talk shall not be held legally liable for any loss or damage of any nature suffered by you as a result of any aforementioned transaction or the aforementioned advertisers or other third parties.
Exclusive Rights of Lock the Talk
- You understand and agree that this Service and the related software used in connection with this Service (hereinafter referred to as the "Software") contain proprietary and confidential information protected by relevant intellectual property rights and other laws. You also understand and agree that the content contained in sponsored advertisements or information presented to you through this Service or by advertisers is also protected by copyright, trademark, service mark, patent or other laws governing exclusive rights. Without explicit authorization from Lock the Talk or the advertisers, you shall not modify, rent, lease, sell, distribute any part or all of this Service or the Software, or create derivative works based thereon, or use the modified Software without authorization, including but not limited to for the purpose of unauthorized use of this Service. Lock the Talk only grants you a personal, non-transferable and non-exclusive right to use the object code of the Software on a single device. You shall not (and shall not allow any third party to) copy, modify, create derivative works, reverse engineer, decompile, or otherwise attempt to discover the source code, or sell, assign, sublicense, grant a security interest in the Software, or otherwise transfer any rights to the Software. You agree to access and use this Service only through the interface provided by Lock the Talk and not through any other means.
Warranties and Guarantees
- You expressly understand and agree that:
- Nothing in this User Agreement shall exempt Lock the Talk from any liability for personal injury caused to you, or for any property loss caused to you due to Lock the Talk's intentional misconduct or gross negligence;
- Your use of this Service is at your sole risk. This Service is provided on an "as is" and "as available" basis. Lock the Talk makes no express or implied warranties or guarantees of any kind with respect to this Service, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights;
- Lock the Talk does not warrant that:
- This Service will meet your requirements;
- This Service will be uninterrupted, provided in a timely manner, secure, reliable or error-free;
- The results obtained from using this Service will be correct and reliable;
- Any products, services, information or other materials purchased or obtained by you through this Service will meet your expectations;
- The download or acquisition of any materials through the use of this Service is done at your own discretion and risk, and you shall be solely responsible for any damage to your computer system or loss of data resulting from the download of any such materials;
- No advice or information, whether oral or written, obtained by you from Lock the Talk or through this Service shall create any warranty not expressly stated in this User Agreement.
Limitation of Liability
- You expressly understand and agree that Lock the Talk shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to damages for loss of profits, goodwill, applications, data or other intangible losses, arising from:
- The use of or inability to use this Service;
- The cost of replacement of any goods, data, information, services, messages received, or transactions entered into purchased or obtained from or through this Service;
- Unauthorized access to or alteration of your transmissions or data;
- Any statements or conduct of any third party on this Service;
- Any other matters related to this Service, except as otherwise expressly provided in this User Agreement;
- Lock the Talk shall not be liable for any economic loss suffered by Users induced by fraudulent information published or delivered by any third party in any manner.
Trademark Information of Lock the Talk
- The Lock the Talk website, Lock the Talk, and other registered trademarks, logos, product and service names of Lock the Talk are trademarks of Lock the Talk (hereinafter referred to as the "Lock the Talk Marks"). Without the prior written consent of Lock the Talk, you agree not to display, use or otherwise deal with the Lock the Talk Marks in any manner, or represent that you have the right to display, use or otherwise deal with the Lock the Talk Marks.
User Exclusive Rights
- Lock the Talk respects the intellectual property rights of others, and calls on Users to do the same.
- The services and materials of Lock the Talk are provided on an "as is" basis, and Lock the Talk expressly disclaims any express or implied warranties with respect to the "Services", "Materials" or "Products", including but not limited to warranties of merchantability or fitness for a particular purpose. Lock the Talk shall not be liable for any direct, indirect, incidental or consequential damages arising from the "Services", "Materials" or "Products".
- If you infringe upon the intellectual property rights of others, Lock the Talk will, in accordance with the provisions of national laws and regulations, or under appropriate circumstances, in accordance with its service terms or relevant normative provisions, delete the specific content or even terminate your use of the Account.
- Lock the Talk respects all rights of others (including intellectual property rights), and also requires our Users to respect the rights of others. Lock the Talk may, at its sole discretion and under appropriate circumstances, terminate the Accounts of Users who infringe or violate the rights of others.
- If you believe that the copyright of your work has been infringed or your intellectual property rights have been violated, in accordance with the provisions of the Regulation on the Right of Communication through Information Networks, you shall promptly contact Lock the Talk and provide detailed evidentiary materials. You may also download the model format of the Notice Requesting Deletion or Disconnection of Infringing Online Content (hereinafter referred to as the "Deletion Notice") from the National Copyright Administration of the People's Republic of China. If you do not understand the content of the "Deletion Notice", please log on to the official website of the National Copyright Administration of the People's Republic of China to view the filling instructions.
Reiteration of Prohibited Behaviors on the Platform
- Users shall not infringe upon the intellectual property rights of the Platform and its cooperative partners in any other manner;
- Accounts shall be used for personal use only. Transfer or sharing of Accounts is strictly prohibited.
Penalty Measures on the Platform
- If a User violates the provisions of this Agreement, Lock the Talk has the right to require the User to cease the prohibited behaviors under this Agreement, delete the relevant content that infringes intellectual property rights, and may impose penalties on the User's Account such as suspension, termination of services, or account cancellation depending on the severity of the violation.
General Provisions
- This User Agreement, Community Guidelines and Disclaimer constitute the entire agreement between you and Lock the Talk, and govern your use of this Service. When you use related services, or use content or software provided by a third party, you shall also comply with the applicable additional terms and conditions;
- This User Agreement and the relationship between you and Lock the Talk shall be governed by the laws of the People's Republic of China. Any dispute between you and Lock the Talk arising out of or in connection with this Service, this User Agreement or other related matters shall first be resolved through friendly negotiation. If the negotiation fails, the dispute shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration. The arbitral award shall be final and binding on both parties;
- The failure of Lock the Talk to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision;
- If any provision of this User Agreement is held invalid due to conflict with the laws of the People's Republic of China, you still agree that the parties shall endeavor to give effect to the intention reflected in such provision in accordance with the law, and the remaining provisions of this User Agreement shall remain in full force and effect;
- Lock the Talk reserves the right of final interpretation of this User Agreement.