NAS Community TERMS AND CONDITIONS

1. OUR SERVICES

The Services include the interactive UGREEN NAS Community and related programs. You may be asked to agree to additional policies or terms (“Additional Terms”) before using a specific product or service, such as our Creator Program or Referral Program. Your use of the Services is governed by these Legal Terms and the following Additional Terms, which are incorporated by reference. By using the Services, you agree to be bound by these Legal Terms and any Additional Terms that apply to your specific use of the Services:

   UGREEN NAS Privacy Policy (“Privacy Policy”)

   UGREEN NAS Cookie Notice (“Cookie Notice”)

   UGREEN NAS Community Rules (“Community Rules”)

   UGREEN NAS Community Points Rules (“Community Points Rules”)

   UGREEN NAS Reporting & Response Policy (“Reporting & Response Policy”)

   UGREEN NAS Referral Rules & Notice of Financial Incentives (“Referral Rules”) 

   UGREEN NAS Creator Program Terms (“Creator Program Terms”)

In the event of a direct conflict between these Legal Terms and any of the specific policies listed above, these Legal Terms shall prevail, unless explicitly stated otherwise herein or required by applicable law.

 

The Services are not intended for distribution or use in any jurisdiction where such use would be contrary to law or subject us to registration requirements. If you access the Services from other locations, you do so on your own initiative and are solely responsible for compliance with local laws.

 

 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

The Content and Marks are provided in or through the Services on an “AS IS” and "AS AVAILABLE" basis for your personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services. Except as set out in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, publicly displayed, redistributed, sold, licensed, modified, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You retain any ownership rights over your Contributions, but grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide and sublicensable license to use, reproduce, distribute, adapt, publish, broadcast, publicly perform, publicly display, translate, prepare derivative works of and exploit your Contributions (including, without limitation, your image, name, and voice) through other methods in any media formats and through any media channels for any proper purpose, as well as the right to bring actions for infringement of intellectual rights against third parties if necessary. You warrant to waive any moral right to any such Submissions and/or Contributions to the extent permissible by applicable laws.

You are solely responsible for your Submissions and/or Contributions and ensure not to infringe upon others’ rights or violate applicable laws and these Legal Terms. You agree to reimburse us for any and all losses that we may suffer for your infringement or breach of these Legal Terms or applicable laws.

Although we have no obligation to monitor any Contributions, we shall have the right to take measures at any time without notice, such as removing or editing any Contributions, suspending or disabling your account and reporting you to the authorities, if we reasonably consider such Contributions in breach of these Legal Terms.

Intellectual property infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright or trademark right you own or control, please immediately refer to our Reporting & Response Policy to notify our Designated Copyright Agent using the contact information provided below. We will take measures according to the situation within a reasonable period. If you are the party being complained against, and you believe your own material has been removed from the Services because of a mistake or misidentification, you may submit a written counter notice or appeal using the contact information provided below. For other matters, please refer to our Reporting & Response Policy for details.

The contact information of our Designated Copyright Agent:

Legal Department

HONG KONG UGREEN LIMITED

19H WAN DI PLAZA, 3 TAI YU STREET, SAN PO KONG, KL

Email: copyrightnotice@ugreen.com

 

3.  USER REPRESENTATIONS AND REGISTRATION

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside and you access the Services without supervision of your guardians; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; (7) you will provide accurate information, keep it updated, and are responsible for all activity under your credentials; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

 

4. PROHIBITED ACTIVITIES

You will not misuse the Services. Prohibited conduct includes any activity that (1) violates these Terms, the Community Rules, or applicable law; (2) interferes with the Services’ security or operation; (3) harvests or misuses others’ personal data; (4) infringes IP rights; or (5) circumvents or abuses enforcement systems. See the Community Rules for detailed examples.

 

 

5. USER GENERATED CONTRIBUTIONS

Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

   The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

   You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

   You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

   Your Contributions are not false, inaccurate, or misleading.

   Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

   Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

   Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

   Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person, or to promote violence against a specific person or class of people.

   Your Contributions do not violate any applicable law, regulation, or rule.

   Your Contributions do not violate the privacy or publicity rights of any third party.

   Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

   Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual orientation, or disability.

   Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

All Contributions posted to the Community must comply with these Legal Terms and, specifically, the content standards set forth in the Community Rules. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

 

 

6. GUIDELINES FOR REVIEWS

Reviews must reflect first-hand experiences, be honest and lawful, and comply with the Community Rules. If a review involves advertising, sponsorship, or other material connections, you must make a clear, upfront disclosure as required by applicable law.

We may accept, reject, or remove reviews under our Reporting & Response Policy; providing a review does not imply our endorsement.

 

 

7. SOCIAL MEDIA

Linking a third-party account is optional and subject to that provider’s terms and privacy settings. You can disconnect at any time in settings; we do not review third-party content and are not responsible for it. Processing of any data obtained via such links is described in our Privacy Policy.

 

 

8. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you leave the Services or use/install any Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

 

9. SERVICES MANAGEMENT

We monitor and act to keep the Services secure and compliant with these Terms and the Policies, including content actions, feature limits, points/voucher measures, and account actions. When we take action against your content or account, we generally provide a statement of reasons and an appeal path via the methods described in the Reporting & Response Policy; where law provides longer or specific appeal windows, those apply.

 

 

10. PRIVACY POLICY

We process personal information as described in the Privacy Policy and use cookies as described in the Cookie Notice. Participation in financial incentives (e.g., referrals) is described in the relevant Policy.

 

 

11.  TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN  OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY  REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT  YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. Upon termination, unused points/vouchers are handled per the Community Points Rules.

 

 

12.  CHANGES, AVAILABILITY, AND CORRECTIONS

We may change, suspend, or discontinue features of the Services. Availability can be interrupted for maintenance or events beyond our control. We may correct errors or inaccuracies and update information at any time without prior notice. Where the law requires consent for material changes, we will obtain it before changes take effect.

 

 

13. DISPUTE RESOLUTION

To the fullest extent permitted by applicable law, any claims you bring arising out of or relating to these Legal Terms or the Services will be governed by the laws of Hong Kong, without regard to its conflict of laws rules; all disputes related to these Legal Terms or the Services will be brought solely in the Hong Kong International Arbitration Centre(“HKIAC”). The arbitration proceedings shall be conducted in either Chinese or English, subject to the selection of the arbitrator.

 

14. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

 

15. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,   SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $50.00. CERTAIN US STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of  our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding   the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

17. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates  to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

 

 

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

 

19. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the  electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

 

 

20. CONTACT US

If you have any questions, please contact us by emailing at communityservice@ugreen.com, or by mail to:

UGREEN GROUP LIMITED

4/F, Plant 6, 1F-6/F, Block 7, YuAn Zone Gaofeng Community, Dalang Street

Longhua District, Shenzhen, China

518000