Newhanfu Community User Agreement
Effective December 15, 2020. Last Revised November 15, 2020
Newhanfu is committed to providing a platform for Hanfu enthusiasts around the world to communicate. This User Agreement and your conduct make that possible.
Hello, Newhanfu users and people of the Internet! This Newhanfu Community User Agreement (“Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by Newhanfu, Inc. (“Newhanfu,” “we,” “us,” or “our”).
Remember Newhanfu is a platform to get hanfu information, knowledge and share hanfu, with the aim to continuously let more people know about hanfu and learn more about it, and we need some basic rules. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Your Access to the Services
Children under the age of 13 are not allowed to create an Account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.
In addition, certain of our Services or portions of our Services require you to be 18 years of age or older, so please read all notices and any Additional Terms carefully when you access the Services.
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
2. Your Use of the Services
Newhanfu grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3. Your Newhanfu Community Account and Account Security
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Newhanfu Community if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account.
You will not license, sell, or transfer your Account without our prior written approval.
4. Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant Hanfu Community the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Hanfu Community. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about Hanfu Community or our Services that you provide to us are entirely voluntary, and you agree that Hanfu Community may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.
5. Third-Party Content, Advertisements, and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations at your own risk. Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Hanfu Community, and the rules for your Promotion must require each entrant or participant to release Hanfu Community from any liability related to the Promotion.
6. Things You Cannot Do
When using or accessing Hanfu Community, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Content Policy, which is part of these Terms and contain Hanfu Community’s rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of the following:
- Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
- Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
- Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
- Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights.
- Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Hanfu Community. We conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without Hanfu Community’s prior consent is prohibited.
- Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Hanfu Community or any payment system.
We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email [email protected]
Moderating a group is an unofficial, voluntary position that may be available to users of the Services. We are not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.
If you choose to moderate one of group in Hanfu Community:
- You agree to follow the Moderator Guidelines for Healthy Communities;
- You agree that when you receive reports related to a group you moderate, you will take appropriate action, which may include removing content that violates policy and/or promptly escalating to Hanfu Community for review;
- You are not, and may not represent that you are, authorized to act on behalf of Hanfu Community;
- You may not enter into any agreement with a third party on behalf of Hanfu Community, or any groups that you moderate, without our written approval;
- You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties;
- If you have access to non-public information as a result of moderating a group, you will use such information only in connection with your performance as a moderator; and
- You may create and enforce rules for the group you moderate, provided that such rules do not conflict with these Terms, the Content Policy, or the Moderator Guidelines for Healthy Communities.
Hanfu Community reserves the right, but has no obligation, to overturn any action or decision of a moderator if Hanfu Community, in its sole discretion, believes that such action or decision is not in the interest of Hanfu Community.
8. Copyright, Trademark, the DMCA, and Takedowns
Hanfu Community respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may by contacting: [email protected]
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Hanfu Community for certain costs and damages.
If we remove Your Content in response to a copyright or trademark notice, we will notify you via Hanfu Community’s private messaging system. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can contact by: [email protected]
9. Paid Services and Payment Information
There are no fees for the use of many aspects of the Services. However, some services may be available for purchase (“Paid Services”). In addition to these Terms, by purchasing or using our Virtual Goods, you further agree to the Hanfu Community Premium and Virtual Goods Agreement.
Hanfu Community may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services.
You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Hanfu Community Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HANFU COMMUNITY ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. HANFU COMMUNITY DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE HANFU COMMUNITY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE HANFU COMMUNITY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE HANFU COMMUNITY ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID HANFU COMMUNITY IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE HANFU COMMUNITY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. Governing Law and Venue
We want you to enjoy Hanfu Community, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here.
These Terms of Service and your relationship with Hanfu Community shall be governed by the laws of the Government of the Hong Kong SAR, People’s Republic of China (“Hong Kong”), without giving effect to its principles of foreign law. You and Hanfu Community agree to submit to the personal and exclusive jurisdiction of the courts of Hong Kong, and Hanfu Community’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the foregoing right or right. If any provision of these Terms of Service is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intent as reflected in the preceding provision and that the other provisions of these Terms of Service shall remain in full force and effect. You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these TOS shall be filed within one year after the accrual of the preceding claim or cause of action, and shall otherwise never be filed.
The headings of these Terms of Service are for convenience only and shall have no legal or contractual effect.
14. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
15. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by Hanfu Community (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
We may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Content Policy.
The following sections will survive any termination of these Terms or of your Account: 4 (Your Content), 6 (Things You Cannot Do), 10 (Indemnity), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Governing Law and Venue), 16 (Termination), and 17 (Miscellaneous).
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
Newhanfu Community Content Policy
Effective December 15, 2020. Last Revised November 15, 2020
Hanfu Community is a vast network of communities that are created, run, and populated by you, the Hanfu Community users.
Through these communities, you can post, comment, vote, discuss, learn, debate, support, and connect with people who share your interests, and we encourage you to find—or even create—your home on Hanfu Community.
Communities should create a sense of belonging for their members, not try to diminish it for others. Likewise, everyone on Hanfu Community should have an expectation of privacy and safety, so please respect the privacy and safety of others.
Every groups on Hanfu Community is defined by its users. Some of these users help manage the groups as moderators. The culture of each groups is shaped explicitly, by the community rules enforced by moderators, and implicitly, by the upvotes, downvotes, and discussions of its community members. Please abide by the rules of groups in which you participate and do not interfere with those in which you are not a member.
Below the rules governing each groups are the platform-wide rules that apply to everyone on Hanfu Community. These rules are enforced by us, the admins.
Hanfu Community and its groups are only what we make of them together, and can only exist if we operate by a shared set of rules. We ask that you abide by not just the letter of these rules, but the spirit as well.
Remember the human. Hanfu Community is a place for creating community and belonging, not for attacking marginalized or vulnerable groups of people. Everyone has a right to use Hanfu Community free of harassment, bullying, and threats of violence. Groups and users that incite violence or that promote hate based on identity or vulnerability will be banned.
Abide by community rules. Post authentic content into communities where you have a personal interest, and do not cheat or engage in content manipulation (including spamming, vote manipulation, ban evasion, or subscriber fraud) or otherwise interfere with or disrupt Hanfu Community.
Respect the privacy of others. Instigating harassment, for example by revealing someone’s personal or confidential information, is not allowed. Never post or threaten to post intimate or sexually-explicit media of someone without their consent.
Do not post or encourage the posting of sexual or suggestive content involving minors.
You don’t have to use your real name to use Hanfu Community, but don’t impersonate an individual or an entity in a misleading or deceptive manner.
Ensure people have predictable experiences on Hanfu Community by properly labeling content and communities, particularly content that is graphic, sexually-explicit, or offensive.
Keep it legal, and avoid posting illegal content or soliciting or facilitating illegal or prohibited transactions.
Don’t break the site or do anything that interferes with normal use of Hanfu Community.
We have a variety of ways of enforcing our rules, including, but not limited to:
- Asking you nicely to knock it off
- Asking you less nicely
- Temporary or permanent suspension of accounts
- Removal of privileges from, or adding restrictions to, accounts
- Adding restrictions to groups
- Removal of content
- Removal of Group
Newhanfu Community Moderator Guidelines
Effective December 15, 2020. Last Revised November 15, 2020
Engage in Good Faith
Healthy groups are those where participants engage in good faith, and with an assumption of good faith for their co-collaborators. It’s not appropriate to attack your own users. Groups are active, in relation to their size and purpose, and where they are not, they are open to ideas and leadership that may make them more active.
Management of your own Group
Moderators are important to the Newhanfu Community ecosystem. In order to have some consistency:
Please describe what your group is, so that all users can find what they are looking for on the site.
Clear, Concise, and Consistent Guidelines:
Healthy groups have agreed upon clear, concise, and consistent guidelines for participation. These guidelines are flexible enough to allow for some deviation and are updated when needed. Secret Guidelines aren’t fair to your users—transparency is important to the platform.
Stable and Active Teams of Moderators:
Healthy groups have moderators who are around to answer questions of their community and engage with the admins.
Association to a Brand:
We love that so many of you want to talk about brands and provide a forum for discussion. Remember to always flag your community as “unofficial” and be clear in your community description that you don’t actually represent that brand.
Use of Email:
Please provide an email address for us to contact you. While not always needed, certain security tools may require use of email address so that we can contact you and verify who you are as a moderator of your community.
Healthy groups allow for appropriate discussion (and appeal) of moderator actions. Appeals to your actions should be taken seriously. Moderator responses to appeals by their users should be consistent, germane to the issue raised and work through education, not punishment.
Remember the Content Policy
You are obligated to comply with our Content Policy.
Management of Multiple Groups
We know management of multiple groups can be difficult, but we expect you to manage groups as isolated groups and not use a breach of one set of community rules to ban a user from another community. In addition, camping or sitting on groups for long periods of time for the sake of holding onto them is prohibited.
Respect the Platform
Newhanfu Community may, at its discretion, intervene to take control of a community when it believes it in the best interest of the community or the website. This should happen rarely (e.g., a top moderator abandons a thriving community), but when it does, our goal is to keep the platform alive and vibrant, as well as to ensure your community can reach people interested in that community. Finally, when the admins contact you, we ask that you respond within a reasonable amount of time.
Where moderators consistently are in violation of these guidelines, Newhanfu Community may step in with actions to heal the issues – sometimes pure education of the moderator will do, but these actions could potentially include dropping you down the moderator list, removing moderator status, prevention of future moderation rights, as well as account deletion. We hope permanent actions will never become necessary.
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