hihilulu Terms of Use

Welcome to hihilulu!

Thanks for using hihilulu products and services.

By accessing or using hihilulu website and hihilulu products/services, you are agreeing to be bound by the following terms and conditions including any future modification (Terms of Use).

Please read them carefully.

I.The acceptance

The hihilulu website (“Website”), applications including mobile applications (“App”) and related services and products (together with the Website and App, collectively the “Service”, “Product”), are operated by hihilulu Company Ltd. (hereafter “hihilulu,” “us,” “our”, or “we”).

By registering or using any our Service or Product provided to hihilulu user (hereafter “user”, “you”) on, from, through our Website or App means you agree to be bound by (1) all terms and conditions of service; (2) Privacy Policy, and (3) Community Guideline incorporated as reference here.

If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

1. The Terms of Use includes the main body text, and all additional terms or product requirements which may apply while using relevant Service. Additional terms will become part of the agreement with us and have the equal legal effect as the body text. Except for a separated declaration, any service provided by our website is subject to this agreement.

2. This agreement will be binding on you immediately as long as you register as a member whether you read it or not. You cannot claim the agreement is invalid or request to cancel it on the ground of not reading the agreement.

II.Changes and modifications

hihilulu reserves the right to formulate, modify and update this Term of Use and/or all kinds of terms and conditions. If we made changes, we will publish a notice about changes made on the website and indicate at the bottom of Term of Use the date that these terms were last revised. Any revision will automatically take effect upon the date of announcement. If you do not agree to the related modification or update, or have a different opinion, you have to put forward declaration to our company in writing and stop using our website within the deadline prompted. If you do not put forward declaration in writing or continue to use our website on the expiration of the time limit, you will be regarded as accepting all the content of the agreement after modification.

III.Description of Service

The Service allows users to

(i) learn or practice a language while using various forms of Original Chinese Contents;

(ii) submit material for the purpose of learning and exchanging with other users;

(iii) in some cases submit language courses when properly registered;

(iv) take test on hihilulu Online Progressive Chinese Learning System. Users interested in learning or practicing a language are then presented with different types of educational activities; while they perform these activities, they also generate valuable data for a better personalized services;

hihilulu may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect or all of the Service, temporarily or permanently.

IV.User behaviors

1. hihilulu Account

In order to use our Service, you need to register to become a hihilulu user. You may create your account, or a hihilulu account may be assigned to you by an administrator, such as your employer or educational institution. If you have an assigned account, different or additional terms may apply and your administrator may have access or disable your account. You agree

(i) to provide accurate, current and complete information about you and/or your organization as requested by registration process;

(ii) to maintain the confidentiality of your password and other information related to the security of your account;

(iii) to maintain and promptly update any registration information you provide to hihilulu, especially information concerning the hihilulu Online Test System, to keep such information accurate, current and complete;

(iv) to by fully responsible for all use of your account and for any actions that take through your account.

If you learn unauthorized use of password or account or meet any other security problems, you can contact us immediately. You should avoid to reuse the password or account in question, otherwise you might not get our security guarantee.

For the account that hasn’t been used for a long time, we have the right to close it.

2. Users are NOT permitted to:

(i) copy, reproduce, rip, record, or make available to the public any part of the hihilulu services or content delivered to you via the hihilulu services, or make use of the hihilulu services which are not expressly permitted under these terms and conditions;

(ii) use the hihilulu service to import or copy any local files you do not have the legal right to import or copy in this way.

(iii) reverse-engineer, decompile, disassemble, modify or create derivative works based on the hihilulu services or any part thereof;

(iv) circumvent any technology used by hihilulu, its licensors, or any third party to protect content accessible through the service;

(v) rent or lease any part of the services;

(vi) circumvent any territorial restrictions applied by hihilulu;

(vii) artificially increase or decrease play times or otherwise manipulating the services by using a script or other automated process;

(viii) remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the hihilulu Service;

(ix) use hihilulu Online Chinese Test to collect information about our testing process and user information, or to develop strategy, guides or other similar testing service.

3. You will not upload, display or otherwise provid on or through the Service any content that:

(i) is offensive, abusive, defamatory, harassing, hatful, libelous, pornographic , obscene, or otherwise violates any law or infringes up the right of any third party(including copyright, trademark, privacy, publicity, or other personal or proprietary rights)

(ii) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service;

(iii) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading;

(iv) artificially promote content;

(v) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the hihilulu inbox;

(vi) involves commercial or sales activities.

4. The storage and restriction of user’s information

We are not responsible for the deletion and storage failure of the information that user published. In hihilulu’s sole judgment, we have the right to determine whether the user’s behavior conforms to the rules of the terms of the agreement. If we think the user violated the terms of the agreement, we have the right to terminate to provide website service.

V.User uploaded or published content

1. hihilulu users may post, upload and/or contribute content (User Content) to the Service, including pictures, text and playlist compilations; and any User Content you submit in connection with the operation of the Service must be your original work or materials owned by you.

2. By submitting User Content to the Service, You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content in connection with the use of the Service. This license will allow us to

(i) create derivative works on the User Content for the purpose of improving hihilulu learning experience;

(ii) make the User Content and any its derivative works available on the Service as a teaching and learning tool, to promote Service or other purposes in connection with the operation of the Service. You understand that other users will have access to your User Content and that neither they or hihilulu have any obligation to you or anyone else to maintain the confidentiality of User Content;

(iii) keep the User Content that you have published, made public and/or share with others in our search engines even after you terminated your hihilulu account; As between us and you, aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights in the User Content that you submit to the hihilulu service; If you wish to make or permit any commercial use, please contact us;

3. hihilulu does not monitor, review, or edit User Content on regular base, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in hihilulu’s sole discretion, violates these agreements. hihilulu may take these actions without prior notification to you.

VI.Proprietary Rights in Original Chinese Content, Service Content and Activity Materials

1. All Chinese Content, including all related images, subtitle, audio files, videos, games, and other contents that are licensed to our Service, as well as hihilulu self-created Chinese learning content and hihilulu-created derivative work based on User Content (collectively, the “Original Chinese Content”), are proprietary property of hihilulu or its licensors and will be protected by the copyright law, trademark law, patent law, or other legal protection. No Original Chinese Content may be modified, copied, distributed, framed, reproduced, republished, derivate , downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, other that as expressly permitted by the Service;

2. All content available as graphics, images, design, information, software, audio, and other files and their selection and arrangement (the “Service Content”) are the proprietary property of hihilulu or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, other that as expressly permitted in these Agreement. You may not use data mining, robots, scrapping or similar data gathering or extraction methods to obtain our Service Content;

3. As between you and hihilulu, all data, information and materials generated from your access and use of the educational materials and activities made available on or through the Service ( collectively, the “Activity Materials”), shall be exclusively owned by hihilulu, and you shall not have any right to use such Activity Materials except as expressly authorized these terms and conditions. By using the Service, you hereby assign to hihilulu any and all rights, title, interest, including any intellectual property rights or proprietary rights in the Activity Materials.

4. All rights of hihilulu or its licensors that are not expressly granted in these terms and conditions are reserved to hihilulu and its licensors.

VII.Third-party liability

Via our website, users upload or publish content, connect with our website, violate the terms of service, or infringe any rights of others to lead to claim for rights of any third party. Users agree to compensate our company and its subsidiary and affiliated companies, agents, or other partners and employees, and prevent them from damage.

VIII.Disclaimer

In no event will hihilulu be liable to you or any third party claiming through you for indirect, incidental, special; consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the Service or any portion thereof, including but not limited to the loss of use of the Service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute Services or claims by their parties for any damages to computer, Pad, software, modems, telephones or other property, even if hihilulu has been advised of the possibility of such damages. hihilulu’s liability to you or any third party claim through you for any cause whatsoever, and regardless of the form of the action, is limited to the total amount paid, if any, by you to hihilulu for the Service package in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than on claim hereunder will not increase the limit.

IX.Indemnification

You agree to defend, indemnify and hold harmless hihilulu and its directors, officer, employees , contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us(as part of these terms and conditions or use of the Service), your breach of any of these Terms and Conditions, or any claim that our Service provided to you is inaccurate, inappropriate, or defective in any way whatsoever.

X.Termination

hihilulu may terminate your access and use of the hihilulu Service immediately at any time, including in the event of your actual or suspected unauthorized use of the hihilulu Service or non-compliance with the Terms, and at such time you will have no further right to use the Service. You may terminate your hihilulu account at any time by following the instructions available through the Service and thus have no access to the Service from that time. You agree that hihilulu shall have no liability or responsibility to you and hihilulu will not refund any amounts that you have already paid. The provisions of these terms and conditions relating to the protection and enforcement of hihilulu proprietary rights or intellectual property rights, disclaimer, indemnities, limitation of liability and types of damages, ownership of data and information, governing law and venue shall survive any such termination.

XI.Notice

1. Any notification concerning the Service will be is in the form of e-mail or page announcement. If the terms of this agreement is modified or other items are changed, we will inform you by either form above.

2. If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to hihilulu by providing us with the following information in writing:

(i) An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;

(ii) A description of the copyrighted work that you claim has been infringed

(iii) A description of where the material that you claim is infringing is located on the Service, with enough details that we may find it on the service

(iv) Your contact information

(v) A statement by you that you have a good faith belief that the disputed use is not authorized by its copyright owner, its agent, or the law

(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or representative authorized to act on the copyright owner’s behalf

Please contact hihilulu by email: abuse@hihilulu.com

XII.The governing law and jurisdiction

The Terms of Use is governed by and construed under the laws of France, without regard to choice of conflict of laws principles. Any dispute, claim, and controversy that arise between user and hihilulu in connection to the terms and conditions of the Agreements will be submitted to a binding arbitration where hihilulu’s server locates.

This Agreement is originally written in English. To the extent any translated version of the Agreement conflicts with the English version, the English version controls.