These Terms of Service (“Terms”) constitute a legally binding agreement between you and us. By accessing, using or registering for the Services, you confirm that you have read, understood and agreed to the Terms. You confirm that you have read and understood our Privacy Policy. If you do not agree with the Terms, you are not authorized to access or use the Services and you must cease all such use immediately. In addition to these Terms, you agree to abide by any supplemental policies and terms related to the Services as well as any other operating rules, policies and procedures that may be published from time to time on the Services, each of which is incorporated herein by reference.
The Services are available to individuals age 13 and over (this age limit may be higher in some jurisdictions as set forth in the Supplemental Terms – Jurisdiction-Specific). Any access to or use of the Services by anyone under 13 or the age of majority where you reside is expressly prohibited. If you are between the ages of 13 or the age of majority where you reside, you must review these Terms with your parent or legal guardian to confirm that you and your parent or legal guardian understand and agree to them.
This End User Service Agreement (“Agreement”) is made by and between you and Zongheng Culture Inc.(“Zongheng” , “we” , or “us”).
WHEREAS “Zongheng entities” includes Zongheng and its subsidiaries, affiliates, officers, employees, agents, partners and licensors;
WHEREAS Zongheng operates and maintains its literature platform, including the website www.tapread.com, along with other related websites, networks, software, and applications (collectively, the “Platform”);
WHEREAS Zongheng through the Platform provide you online literature reading services (“Services”), including, but not limited to, literary works (such as fictions, short stories, essays, etc.), comics, animations, and other types of media. The literary works, functions and other services provided through the Platform and where the context permits, applications, and software downloaded from the Platform collectively constitute the “Services”;
WHEREAS “Intellectual Property Rights” means and includes, without limitation, copyrights, patents, trademarks, moral rights, and trade secrets, all other intellectual property rights and intangible legal rights or interests recognized in any country or jurisdiction in the world, and including, without limitation: (a) any concept, computer program, content, customer data, customer information, customer list, data, design, development, discovery, documentation, drawing, improvement, information, list, manual, mask work, material, model, note, object code, plan, procedure, product, prototype, report, schematic, software, source code, and specification, (b) works, works of authorship, and moral rights, including, without limitation, any right to claim authorship of a work, any right to object to any distortion or other modification of a work, and any similar right, existing under the law of any country in the world, or under any treaty, (c) inventions, invention disclosures, know-how, letters patent, means, methods, patents, provisional patent applications, provisional patents, techniques, and all foreign counterparts and foreign equivalents of same, and any and all divisions, continuations, continuations-in-part, revisions, renewals, reissues, extensions, and the like, (d) service marks, trademarks, trade dress, and trade names, (e) trade secrets, with such term “trade secrets” being given the broadest possible definition, interpretation or meaning, and (f) any other similar rights, in each case, existing under the law of any country in the world, or under any treaty, all on a worldwide basis.
WHEREAS by clicking “i accept,” or by downloading, installing, or otherwise accessing or using the services or any content provided through the platform, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and other related terms and conditions, including the privacy policy (together, the “Terms”);
WHEREAS Non-Author User Content includes messages, photos, video, images, folders, data, text, feedback, suggestions and comments regarding the Services, other types of works and what you have created and made on the Platform (collectively “User Content”);
YOU ACKNOWLEDGE THAT YOU ARE NOT CONSIDERED, AND SHALL NOT PRESENT YOURSELF AS, AN AGENT, EMPLOYEE, JOINT VENTURER, INDEPENDENT CONTRACTORS OR PARTNER OF ZONGHENG (OR ANY OF ITS RESPECTIVE AFFILIATES, PUBLISHING PARTNERS, LICENSORS OR LICENSEES). NOTHING IN THIS AGREEMENT WILL BE DEEMED TO PLACE THE PARTIES IN THE RELATIONSHIP OF EMPLOYER-EMPLOYEE, INDEPENDENT CONTRACTORS, PRINCIPAL-AGENT, PARTNERS OR JOINT VENTURERS.
YOU MAY NOT ASSIGN OR TRANSFER THE TERMS, OR YOUR RIGHTS OR OBLIGATIONS UNDER THE TERMS, IN WHOLE OR IN PART, BY OPERATION OF LAW OR OTHERWISE, WITHOUT OUR PRIOR WRITTEN CONSENT. WE MAY ASSIGN OUR RIGHTS OR OBLIGATIONS UNDER THE TERMS AT ANY TIME WITHOUT NOTICE OR CONSENT.
THE FAILURE TO REQUIRE PERFORMANCE OF ANY PROVISION WILL NOT AFFECT OUR RIGHT TO REQUIRE PERFORMANCE AT ANY OTHER TIME AFTER THAT, NOR WILL A WAIVER BY US OF ANY BREACH OR DEFAULT OF THE TERMS, OR ANY PROVISION OF THE TERMS, BE A WAIVER OF ANY SUBSEQUENT BREACH OR DEFAULT OR A WAIVER OF THE PROVISION ITSELF.
USE OF SECTION HEADERS IN THE TERMS IS FOR CONVENIENCE ONLY AND WILL NOT HAVE ANY IMPACT ON THE INTERPRETATION OF ANY PROVISION.
IF ANY PART OF THE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, THE UNENFORCEABLE PART WILL BE GIVEN EFFECT TO THE GREATEST EXTENT POSSIBLE, AND THE REMAINING PARTS WILL REMAIN IN FULL FORCE AND EFFECT.
ZONGHENG MAY AMEND OR MODIFY THE TERMS AT ANY TIME IN OUR SOLE DISCRETION. AMENDMENTS AND/OR MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY AFTER PUBLISHING THEM ON THE WEBSITE OR OTHERWISE PROVIDING YOU A COPY THEREOF, AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH AMENDMENTS OR MODIFICATIONS. WE WILL INDICATE AT THE TOP OF THIS AGREEMENT THE DATE IT WAS LAST UPDATED. YOU AGREE TO, AND ARE RESPONSIBLE FOR, CHECKING THE TERMS PERIODICALLY, AS THEY MAY BE AMENDED OR MODIFIED FROM TIME TO TIME. BY CONTINUING TO USE OUR SERVICES, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF ANY REVISED OR UPDATED TERMS. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING OUR SERVICE(S).
Ownership and License
1. Platform and Services
The Platform and the Services are the valuable property of Zongheng and its licensors and are protected by copyright and other intellectual property laws and treaties. We and our licensors own all rights, titles, and interest in and to the Platform and Services, including all copyright and other Intellectual Property Rights in the Platform and Services. The Platform and any documentation on the Platform are provided to you solely in accordance with this Agreement and are licensed, not sold. This Agreement and the license rights provided to you hereunder do not transfer to you any title or ownership, interest in or to the Platform or the Service or any Intellectual Property Rights therein.
Proprietary Rights. The Services are owned and operated by us. Unless otherwise explicitly specified by us, all materials that are included in, or otherwise a part of, the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics and icons and all registered and unregistered intellectual property rights related to these are owned, controlled and/or licensed by us.
Our Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Your use of the Services does not transfer to you any ownership or other rights in the Services or the Content. Any use of our Content not expressly authorized by these Terms is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
Copyright. All texts, images, diagrams, sound, animation and video files as well as their arrangement are subject to copyright law and all other laws pertaining to the protection of intellectual property. The contents of this Platform must not be copied, changed, distributed or otherwise be made available to third parties either for trade purposes or for distribution. Other usage on other platforms is equally inadmissible.
You may download the contents of this Website solely for your personal, non-commercial, private use, provided that you regard all copyright, brand and other protective laws, especially by not deleting the respective information or making it otherwise inaccessible or illegible. All changes or the use of the contents of our Website for any other purpose is a violation of our rights and is expressly forbidden.
Trademarks.If not otherwise indicated, all trademarks mentioned are brands protected by us. This especially pertains to the brands. These brands are protected nationally and internationally and must neither be reproduced nor copied, changed or used in any other way without the express prior permission of us.
2. License
Subject to the Terms of this Agreement and the Terms that govern your use of the Services and your compliance with any rules of conduct, we hereby grant you a personal, limited, non-transferable, non-sublicensable, and non-exclusive license to use the Services provided by Zongheng through the Platform, for your own personal, non-commercial entertainment use. The preceding states the entirety of your rights with respect to the Services and the Platform, and we reserve all rights not expressly granted to you in this Agreement.
Without limiting the forgoing, you agree you will NOT do, or authorize or permit any third-party to do, any of the following:
- Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
- Use the Services for any commercial or business purposes or for any purpose other than your own personal entertainment use;
- Violate any right of a third-party, including by infringing or misappropriating any third-party Intellectual Property Right;
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
- Involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise nor ask for personal information;
- Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Content and site content standards set out in these Terms.Involve, provide or contribute any false, inaccurate or misleading information;
- Modify copies of any materials from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials. Any modification or use of any Content any other purpose is a violation of our copyrights and proprietary rights and is strictly prohibited;
- Interfere with security-related features of the Platform, including without limitation: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform or Services;
- Interfere with the operation of the Platform or any user’s enjoyment of the Services, including, without limitation: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or
- Attempt to perform any of the acts described in this section, or assist or permit any person in engaging in any of the acts described in this section.
3. Non-Author User Content
Certain features of the Services may permit you to upload new User Content to the Platform, and to publish User Content on the Platform. The Services may also permit you too upload literary works and other content as an Author; doing so requires your agreement to the Author Agreement and is not covered by this Agreement.
3.1 Limited License Grant to Zongheng
By uploading or publishing Non-Author User Content onto the Platform, you grant Zongheng a worldwide, non-exclusive, perpetual, royalty-free, fully-paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, transmit, broadcast, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats, and through any media channels now known or hereafter developed.
You hereby further agree to assign to Zongheng all right, title, and interest in and to any and all User Content, , and do hereby assign to Zongheng all rights, improvement, materials, and information on the results of tests and evaluations of the Platform or Services regarding the performance, features, and functionality of the Platform or Services and any and all inventions regarding an improvement of, or other change or addition to, the Platform or Service formulated or produced, in whole or in part, as a result of your User Content or what you have created or made, and all Intellectual Property Rights embodied therein, or resulting from, such User Content. and you hereby agree to cooperate with Zongheng in connection with the protection thereof and shall execute such documents (such as further deeds of transfer and assignment), if any, as required by Zongheng to perfect its rights hereunder.
You agree that all User Content may be used by Zongheng to improve or enhance the Platform and Services and, accordingly, to the extent the foregoing assignments do not transfer any ownership, interest in or to the User Content and the results thereof to Zongheng, you hereby grant to Zongheng an exclusive, perpetual, irrevocable, fully sublicensable, transferable, royalty free, worldwide right, and license to copy, reproduce, modify, create derivative works of, publicly perform, publicly display, distribute, market, offer for sale, sell, have sold, import, have imported, make, have made, use, have used, and commercially exploit the User Content and all of the information and contents of any and all such User Content without restriction.
3.2 Limited License Grant to Other Users
By uploading or sharing User Content with other users of the Services, you grant those users a non-exclusive license to access and use such User Content, as permitted by these Terms and the functionality of the Service.
Representations and Warranties
You are solely responsible for any User Content that you upload or publish onto the Platform, and you are responsible for the consequences of posting or publishing such User Content. By posting or publishing User Content, you represent and warrant that:
- You are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Zongheng and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Zongheng, the Service, and these Terms; and
- Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Zongheng to violate any law or regulation.
4. Accounts and Registration
To access the Services, you must register for an account through the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least thirteen (13) years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. If you are under 18, you should have first obtained your parent’s or guardian’s permission before the registration of an account on the Platform.
If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
When you register for an account, you may be required to provide us with your personal information , such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to set up a password for your account. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.
You may register for and login to Platform using login functionalities provided by third-party platforms, such as Google,Facebook,Apple. In addition to the Terms, you agree to comply with the relevant third-party platform’s terms of service applicable to your use of such functionalities.You agree not to use the account, username, or password of another user at any time, nor to knowingly or recklessly disclose the password of the third-party login functionality you use to any third-party. You may delete your account at any time.If you have reason to believe that your account is no longer secure, may also request us to terminate your account at any time by email at writers@tapread.com.
5. Purchase and Payment
Zongheng may charge for certain Services under certain rates displayed on the Platform. Before you pay any fees, you must review the fee policy and method on the Platform, then accept the fees that you will be charged. If your payment is not successfully made, due to reasons such as invalid payment details, insufficient funds, or otherwise, we may suspend your access to the Premium Services until we receive your payment of the relevant Subscription Fees. You agree that you will be responsible for any outstanding amounts that remain unpaid. The service provider of the payment method you select (such as Apple, Google ,collectively, “Payment Service Providers”) may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment. Please contact the relevant Payment Service Provider(s) for details. The Payment Service Provider(s), rather than us, provide the relevant payment services to you in connection with your payment of the Subscription Fees. You may be subject to additional terms and conditions of the relevant Payment Service Provider for the payment services.All fees are in U.S. dollars and are non-refundable.
We may change the price of Subscription Fees including by adding additional fees or charge from time to time. We will notify any such changes to you in advance (e.g., by way of pop-up, push notification or in-App message). Unless otherwise stated in the price change notification, the modified price will take effect on and from the subscription term following your then current subscription term during which the price change is notified. If you do not accept the changes, Zongheng may discontinue the Service to you. Zongheng will charge the payment at the rate in effect at the time of purchase. You authorize Zongheng to charge all sums as described in these Terms, for the Service you select.
Unless otherwise required by applicable law or the refund policy of Apple or Google (as applicable), your payment of Subscription Fees for the Premium Services is non-refundable.